§ 1358. Protection of nonpurchasing leaseholders
(a) A nonpurchasing leaseholder shall have the right to continue the leasehold interest
in the site on which the leaseholder’s mobile home is located.
(b) A declarant or site purchaser shall not accept an offer for a site without providing
the leaseholder the opportunity to purchase the site at the price, terms and conditions
stated in the offer. If the leaseholder accepts the offer, the declarant or site purchaser
shall sell the unit to the leaseholder; the leaseholder shall enter into a purchase
and sales agreement with the declarant at the same terms stated in the notice of offer
within 30 working days after the declarant’s notice to the leaseholder of the offer.
The declarant’s notice of offer shall be delivered by certified mail.
(c) If a nonpurchasing leaseholder elects to move from the mobile home park and gives
notice to the declarant during the conversion period, the declarant shall pay the
nonpurchasing leaseholder’s relocation costs as follows:
(1) The leaseholder shall make a good faith effort to move the mobile home, and shall
have the obligation to restore the site to the condition it was in prior to occupation
by the leaseholder, reasonable wear and tear excepted.
(2) Subject to the obligations stated in subdivision (1) of this subsection, the declarant
shall pay to a nonpurchasing leaseholder who removes a mobile home from the site the
actual documented reasonable costs of relocating the household in possession and the
mobile home, not to exceed $2,200.00.
(3) Subject to the obligations stated in subdivision (1) of this subsection, in the event
the nonpurchasing leaseholder vacates the site but does not move the mobile home from
the site, the declarant shall pay to the nonpurchasing leaseholder the actual documented
reasonable costs of relocating the household in possession, not to exceed $1,000.00,
provided that:
(A) the nonpurchasing leaseholder transfers title to the mobile home to the declarant;
(B) the nonpurchasing leaseholder transfers title to a third party who moves the mobile
home within 30 days after the date upon which the nonpurchasing leaseholder vacates
the mobile home;
(C) the nonpurchasing leaseholder transfers title to the mobile home to a purchasing leaseholder
of the site on which the mobile home is located.
(d) After the date of the notice of conversion, and unless otherwise modified by this
subchapter, the provisions of 10 V.S.A. chapter 153 shall apply to all leases within
the mobile home park. A leaseholder may not be required to vacate except for failure
to comply with the obligation imposed on the leaseholder by this subchapter, or for
the reasons specified in 10 V.S.A. § 6237(a), provided that the conversion of the mobile home park shall not constitute a change
in use or a termination of the park.
(e) Any rights granted leaseholders under this subchapter against the declarant shall
apply against any transferees of a site from the declarant. (Added 1993, No. 97, § 1; amended 2023, No. 6, § 368, eff. July 1, 2023.)