(d) Refuse to rent a site to the purchaser of a tenant’s manufactured home except for reason specified under s. 710.15 (5m), Stats. This does not prohibit the screening of prospective tenants by an operator.
(e) Limit a tenant’s ability to post, on the tenant’s manufactured home or on the site on which the mobile home is located, a “For Sale” sign or other advertisement announcing the tenant’s offer to sell the tenant’s manufactured home if the limitation is not applied uniformly to every person, including the operator and any manufactured home dealer, who sells or offers to sell a manufactured home on site in the manufactured home community.
(2)This section does not create or extend any interest in real estate, or prohibit the lawful screening of new tenants by the operator.
History: Cr. Register, May, 1976, No. 245, eff. 6-1-76; renum. from Ag 125.07, renum. (1) and (2) to (1) (a) and (b) and am., cr. (1) (intro.), (c) to (e) and (2), r. (3), Register, February, 1987, No. 374, eff. 3-1-87; CR 13-027: am. (title), (1) (a) to (e) Register December 2013 No. 696, eff. 1-1-14.
ATCP 125.07Manufactured home relocation.
(1)No tenant shall be required to relocate a manufactured home within a manufactured home community during the term of the rental agreement, or to assume the cost of any required relocation under a new or renewal rental agreement, except in emergency or where the tenant has violated the terms and conditions of the rental agreement. This does not apply to a mobile home that has been vacated by the tenant.
(2)Any required relocation shall, except in emergency, be preceded by written notice setting forth the reason for such relocation. Notice shall be given within the time period required under ch. 704, Stats., for termination of tenancies.
History: Cr. Register, May, 1976, No. 245, eff. 6-1-76; renum. from Ag 125.08, Register, February, 1987, No. 374, eff. 3-1-87; CR 13-027: am. (title), (1) Register December 2013 No. 696, eff. 1-1-14.
ATCP 125.08Termination of tenancy.
(1)Whenever an operator terminates any rental agreement or refuses, upon the expiration of a lease, to renew the lease or to enter into a new rental agreement, the operator shall provide the tenant with written notice setting forth the reason for such termination or refusal. Notices of termination shall comply with the requirements of s. 710.15 and ch. 704, Stats., as applicable. If the rental agreement does not comply with the requirements of s. ATCP 125.03 (1) (intro.) and (2), the operator shall comply with the notice requirements of s. 704.17 (2), Stats., when terminating a tenancy, unless the operator or tenant proves that other notice requirements under s. 704.17 (1p) or (3), Stats., are applicable.
Note: Section 710.15 (5m), Stats., provides that:
“Notwithstanding ss. 704.17 and 704.19, the tenancy of a resident or occupant in a community may not be terminated, nor may the renewal of the lease be denied by the community operator, except upon any of the following grounds:
(a) Failure to pay rent due, or failure to pay taxes or any other charges due for which the community owner or operator may be liable.
(b) Disorderly conduct that results in a disruption to the rights of others to the peaceful enjoyment and use of the premises.
(c) Vandalism or commission of waste of the property.
(d) A breach of any term of the lease.
(e) Violation of community rules that endangers the health or safety of others or disrupts the right to the peaceful enjoyment and use of the premises by others, after written notice to cease the violation has been delivered to the resident or occupant.
(em) Violation of federal, state or local laws, rules or ordinances relating to mobile homes or manufactured homes after written notice to cease the violation has been delivered to the resident or occupant.
(f) The community owner or operator seeks to retire the community permanently from the housing market.
(g) The community owner or operator is required to discontinue use of the community for the purpose rented as a result of action taken against the community owner or operator by local or state building or health authorities and it is necessary for the premises to be vacated to satisfy the relief sought by the action.
(h) The physical condition of the mobile home or manufactured home presents a threat to the health or safety of its occupants or others in the community or, by its physical appearance, disrupts the right to the enjoyment and use of the community by others.
(i) Refusal to sign a lease.
(j) Material misrepresentation in the application for tenancy.
(k) Other good cause.”
(2)No operator shall terminate a rental agreement or refuse, upon expiration of a lease, to renew the lease or to enter into a new rental agreement for the reason that:
(a) The tenant has reported a violation, by the operator, of this chapter or any other law to any governmental authority, or filed suit alleging such violation.
(b) The tenant is a member of a tenant’s union or association.
(c) The operator wishes to make a site available to a person purchasing a mobile home from the operator or an agent of the operator.
(3)No operator may solicit or receive any payment or other thing of value, except for normal rental payments, in return for permitting a tenant to leave the tenant’s mobile home in the manufactured home community upon termination of tenancy.
History: Cr. Register, May, 1976, No. 245, eff. 6-1-76; renum. from Ag 125.09 and am. (1) and (3), Register, February, 1987, No. 374, eff. 3-1-87; CR 13-027: am. (1), (3) Register December 2013 No. 696, eff. 1-1-14; correction in (1) made under s. 13.92 (4) (b) 7., Stats., Register November 2018 No. 755.
ATCP 125.09Prohibited practices; general. No operator shall:
(1)Make any false, deceptive, or misleading representation to induce a manufactured home sale or site rental, or make any representation inconsistent with or contrary to the written rental agreement.
(2)Impose any term or condition, or any rule or regulation which the operator knows or reasonably ought to know is in conflict with this chapter or other applicable law.
(3)Require any tenant to make permanent improvements to the manufactured home community or any of its facilities, or assess any separate charge therefor. This subsection does not prevent the operator from requiring the tenant to install the manufactured home according to applicable installation codes.
(4)Enter a tenant’s manufactured home without the tenant’s permission and reasonable prior notice to the tenant. This does not prohibit the operator from entering a tenant’s manufactured home if the tenant cannot be contacted and the operator reasonably believes that entry is necessary because of emergency, or to preserve and protect the manufactured home or the manufactured home community.
Note: Entry by an operator into a tenant’s manufactured home may be prohibited by other applicable law.
History: Cr. Register, May, 1976, No. 245, eff. 6-1-76; renum. from Ag 125.10 and r. (4), renum. (5) to be (4) and am. Register, February, 1987, No. 374, eff. 3-1-87; CR 13-027: am. (1), (3), (4) Register December 2013 No. 696, eff. 1-1-14.
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Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.