LRB-3144/1
PJK:jlg:km
1999 - 2000 LEGISLATURE
March 8, 2000 - Introduced by Senators Lazich, Clausing, Plache, Wirch, Darling
and Rosenzweig, cosponsored by Representatives Albers, Musser, Olsen,
Stone, Hasenohrl, Hebl and Miller. Referred to Committee on Economic
Development, Housing and Government Operations.
SB455,1,3
1An Act to renumber and amend 710.15 (5r);
to amend 710.15 (5r) (title); and
2to create 710.15 (5r) (c) of the statutes;
relating to: notice to tenants of mobile
3home park's closing.
Analysis by the Legislative Reference Bureau
Current law specifies the reasons for which a mobile home park operator may
terminate the tenancy of a resident of the park or deny the renewal of a lease. Most
of the reasons relate to actions of the park resident. A park operator may also
terminate a tenancy or deny the renewal of a lease, however, if the park owner or
operator decides to permanently retire the park or if local or state building or health
authorities require the owner or operator to discontinue the use of the park.
It is unclear under the statutes how much notice a mobile home park operator
must give a park resident if the park is discontinued for use as a mobile home park.
The statutes provide that the notice requirements that apply to a residential
landlord apply to terminations of tenancies in mobile home parks. Those notice
requirements, however, address terminations of tenancies for nonpayment of rent
and violations of lease provisions, and do not address a termination of tenancy or
nonrenewal of lease due to discontinuing the use of the property for rental purposes.
If the park operator and park resident have not entered into a lease, presumably the
notice requirements that apply to terminating periodic and at will tenancies
regardless of the reason apply, in which case the amount of notice that must be given
is at least 28 days or an amount of time equal to the rent-paying period if rent is paid
more frequently than once a month.
This bill specifies the amount of notice that must be given to a resident of a
mobile home park if the park is being discontinued for rental purposes. If the park
owner or operator wishes to retire the park, the operator must give notice to the
residents at least 90 days before their tenancies terminate. If the park owner or
operator must discontinue the use of the park because of action taken by local or state
building or health authorities, the park operator must give notice to the residents
within five days after the owner or operator receives notice of the closing from the
authorities. A notice must be in writing, must state the reason for the termination
of tenancy or nonrenewal of lease and must state the date on which the tenancy
terminates.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB455, s. 1
1Section
1. 710.15 (5r) (title) of the statutes is amended to read:
SB455,2,22
710.15
(5r) (title)
Notice requirements
apply.
SB455, s. 2
3Section
2. 710.15 (5r) of the statutes is renumbered 710.15 (5r) (a) and
4amended to read:
SB455,2,65
710.15
(5r) (a) The notice requirements of s. 704.17 (1) (a), (2) (a) and (3) apply
6to a termination of tenancy under sub. (5m) (a)
and the
.
SB455,2,8
7(b) The notice requirements of s. 704.17 (1) (b), (2) (b) and (3) apply to a
8termination of tenancy under sub. (5m) (b) to
(em) and (h) to (k).
SB455, s. 3
9Section
3. 710.15 (5r) (c) of the statutes is created to read:
SB455,2,1210
710.15
(5r) (c) 1. A park operator shall provide notice of a termination of
11tenancy or denial of lease renewal under sub. (5m) (f) at least 90 days before the
12tenancy terminates.
SB455,2,1613
2. A park operator shall provide notice of a termination of tenancy or denial of
14lease renewal under sub. (5m) (g) within 5 days after the park owner or operator
15receives notice from the local or state building or health authorities that the use of
16the park must be discontinued.
SB455,3,4
13. A notice under this paragraph shall be in writing, shall inform the resident
2or mobile home occupant of the reason for the termination of tenancy or denial of
3lease renewal and shall state the date on which the tenancy terminates. The notice
4shall be given in the manner provided in s. 704.21.
