ATCP 125.03(5)(b)(b) The rental agreement specifies the initial amount of rent due for each rent paying period, and that the operator shall provide the tenant with actual dollar amounts of rent due in future rent paying periods as applicable.
ATCP 125.03(5)(c)(c) If the actual dollar amount of rent due changes under the formula, the operator shall provide the tenant written notice at least 60 calendar days before the new actual dollar amount is due.
ATCP 125.03 HistoryHistory: Cr. Register, May, 1976, No. 245, eff. 6-1-76; renum. from Ag 125.04 and r. (1) (c), am. (1) (intro.), (b) and (2), renum. (1) (d), (e) and (f) to be (1) (c), (d) and (e) and am. (1) (c), cr. (1) (f), (g) and (4), Register, February, 1987, No. 374, eff. 3-1-87; CR 13-027: am. (1) (intro.), (a), (d), (e), cr. (1) (em), am. (1) (f), (g), cr. (1) (h), am. (4) (intro.), (a), cr. (5) Register December 2013 No. 696, eff. 1-1-14; correction in (1) (g) made under s. 35.17, Stats., Register December 2013 No. 696.
ATCP 125.04ATCP 125.04Rental agreement; limitations.
ATCP 125.04(1)(1)Entrance and exit fees. No operator may charge an entrance fee or exit fee in return for allowing the movement of a manufactured home into or out of a manufactured home community. This subsection does not apply to:
ATCP 125.04(1)(a)(a) Periodic payments for the rental of a site, pursuant to the rental agreement.
ATCP 125.04(1)(b)(b) A security deposit not exceeding the amount of 2 months’ rent or $750, whichever is less.
ATCP 125.04(1)(c)(c) Material and labor costs incurred by the operator to move a tenant’s manufactured home into or out of the manufactured home community, to install the manufactured home on a site or remove it from a site, or to connect or disconnect utility services. The amount of any charges, or the basis upon which charges are to be calculated, shall be clearly set forth in the rental agreement.
ATCP 125.04(2)(2)Restrictions on choice of vendors. No operator may restrict the choice of vendors from whom a tenant may purchase goods or services. This subsection does not apply to:
ATCP 125.04(2)(a)(a) Utility services, subject to sub. (3).
ATCP 125.04(2)(b)(b) Service provided by the operator in the installation of a manufactured home on a site, or in the removal of a manufactured home from a site, pursuant to sub. (1) (c).
ATCP 125.04(2)(c)(c) Snow removal, lawn care, or similar site maintenance services performed by the operator upon the failure of a tenant to fulfill the tenant’s site maintenance obligations under the rental agreement. No charges may be imposed for site maintenance services performed by the operator under this paragraph unless the tenant, if available, is given prior notice and a reasonable opportunity to perform the tenant’s obligations under the rental agreement. Charges for site maintenance services shall be set forth in the rental agreement.
ATCP 125.04(2)(d)(d) Services involving the transportation of a mobile home to or from the site within the manufactured home community, if the operator can show that the person providing the service has damaged property within the manufactured home community during a previous move and failed to compensate the operator for the damages.
ATCP 125.04(2)(e)(e) A nondiscriminatory prohibition against sales solicitations within the manufactured home community.
ATCP 125.04(3)(3)Charges for utility services.
ATCP 125.04(3)(a)(a) Charges for a utility service provided through the operator’s facilities, if not included in the rent, shall be based on the amount of the utility service used by tenants. Charges for electronic communications service provided through the operator’s facilities may be assessed in the form of a uniform charge to subscribing tenants, subject to par. (b). Charges, or the method of computing charges for utility services provided through the operator’s facilities shall be set forth in the rental agreement under s. ATCP 125.03 (1) (b).
ATCP 125.04(3)(b)(b) If electronic communications service is provided by the operator but not included in the rent, the operator may not limit a tenant’s access to electronic communications service provided by an outside source.
ATCP 125.04 NoteNote: This paragraph is not intended to deny to an operator any right which the operator may have to compensation from a cable television company for easements or other use of the operator’s property.
ATCP 125.04(3)(c)(c) Charges for utility services provided through the operator’s facilities, if based on amounts used, shall be periodically invoiced in writing to tenants. Invoices shall specify both the charge and the amount of the utility service used.
ATCP 125.04(3)(d)(d) Charges for utility services provided through the operator’s facilities, if not included in the rent, shall be competitive with retail prices charged for the same or equivalent services by public utilities or other local sources. If a utility service is provided directly to tenants by a public utility or other outside source, no additional charge may be assessed for the service by the operator.
ATCP 125.04 HistoryHistory: Cr. Register, May, 1976, No. 245, eff. 6-1-76; r. and recr. Register, February, 1987, No. 374, eff. 3-1-87; CR 13-027: am. (1) (intro.), (b), (c), (2) (b), (d), (e), (3) (a), (b) Register December 2013 No. 696, eff. 1-1-14.
ATCP 125.05ATCP 125.05Changes in rental terms or manufactured home community rules.
ATCP 125.05(1)(1)If any change or increase in rent or fees, or any other substantial change in the terms or conditions of tenancy is to be made in connection with the renewal of any rental agreement, a copy of the proposed new agreement, or amendments to the existing agreement, shall be furnished to the tenant, in writing, at least 28 days prior to the date on which the proposed new agreement is to take effect. All changes shall be specifically brought to the tenant’s attention by a separate statement on the proposed rental agreement or in a separate written document attached to the rental agreement. The operator or a representative of the operator shall meet with tenants, or any group of tenants, on the proposed changes, at their request. Nothing in this section shall be construed as interfering with the operator’s right to terminate any tenancy in accordance with s. 710.15 and ch. 704, Stats., and s. ATCP 125.09, if the tenant declines to accept the proposed new agreement.
ATCP 125.05(2)(2)Rules and regulations which substantially affect the rights or duties of tenants or the operator under s. 710.15, Stats., or this chapter may not be created or changed during the term of the rental agreement. This includes but is not limited to:
ATCP 125.05(2)(a)(a) Rules setting standards and requirements for skirting, weatherproofing or frostproofing, and auxiliary buildings or sheds.
ATCP 125.05(2)(b)(b) Rules limiting occupancy of manufactured homes with respect to the number or age of occupants.
ATCP 125.05(2)(c)(c) Vehicle parking rules imposed by the operator.
ATCP 125.05(2)(d)(d) Rules restricting or regulating overnight guests.
ATCP 125.05(2)(e)(e) Rules restricting or regulating pets.