(1) The management shall adequately disclose the terms and conditions of a tenancy in writing in a rental agreement in English, or upon request in both English and Spanish, to any prospective home owner before the rental or occupancy of a mobile home space or lot. The disclosures must include: (a) The term of the tenancy and the amount of rent therefor, subject to the requirements of subsection (4) of this section; (b) The day rental payment is due and payable; (c) The day when unpaid rent is considered in default for the purpose of establishing a late fee, which day may not be less than ten calendar days after the day rent is due and payable; (d) The rules and regulations of the park then in effect; (e) The name and mailing address where a manager's decision can be appealed; and (f) All charges to the home owner other than rent, including late fees. (2) Said rental agreement shall be signed by both the management and the home owner, and each party shall receive a copy thereof. (3) The management and the home owner may include in a rental agreement terms and conditions not prohibited by this part 2. (4) The terms of tenancy shall be specified in a written rental agreement subject to the following conditions: (a) The standard rental agreement shall be for a month-to-month tenancy. (b) Upon written request by the home owner to the landlord, the landlord shall allow a rental agreement for a fixed tenancy of not less than one year if the home owner is current on all rent payments and is not in violation of the terms of the then-current rental agreement; except that an initial rental agreement for a fixed tenancy may be for less than one year in order to ensure conformity with a standard anniversary date. A landlord shall not evict or otherwise penalize a home owner for requesting a rental agreement for a fixed period. (c) A landlord may, in the landlord's discretion, allow a lease for a fixed period of longer than one year. In such circumstances, the requirements of paragraphs (a) and (b) of this subsection (4) shall not apply. (5) A rental agreement shall not include any provision: (a) By which a home owner waives any rights created by this part 2 or part 11 of this article 12; (b) That requires a home owner to agree to a possessory lien; (b.5) That requires a home owner to waive the opportunity to purchase the park allowed under section 38-12-217; (c) That binds a home owner to arbitration in lieu of a civil trial; or (d) That authorizes a third person to confess judgment on a claim that arises from the rental agreement, this part 2, or part 11 of this article 12. (6) Any provision of a rental agreement that is prohibited by subsection (5) of this section is against public policy, unenforceable, and void. (7) It is a violation of this part 2 for the management to require a home owner to sign a new lease or agreement in violation of this section or to mislead a home owner about the home owner's obligation to sign a new lease or agreement.
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