Mass. Gen. Laws ch. 140 § 32J

Current through Chapter 223 of the 2024 Legislative Session

Section 140:32J - Summary process to recover possession; termination of tenancy or lease

If the manufactured home owner or person holding under him holds possession of a manufactured home site in a manufactured housing community without right, after the determination of a tenancy or other estate at will or lease as provided in this section, the licensee entitled to the manufactured home site may recover possession thereof by summary process.

Any tenancy or other estate at will or lease in a manufactured housing community, however created, and including any existing contract for occupancy of a manufactured home site in a manufactured housing community, may be terminated by the licensee entitled to the manufactured home site or his agent only for one or more of the following reasons:

(1) nonpayment of rent;

(2) substantial violation of any enforceable rule of the manufactured housing community;

(3) violation of any laws or ordinances which protect the health or safety of other manufactured housing community residents;

(4) a discontinuance in good faith by the licensee, of the use of part or all of the land owned by the licensee as a manufactured housing community subject to any existing contractual rights or agreements between the licensee and the tenants located in the manufactured housing community. No such discontinuance shall be valid for any manufactured home sold the licensee and for which a manufactured home site was made available at the time of said sale, by the licensee, for a period of five years from the date of said sale;

(5) in the case of an existing tenancy at will, to create a new tenancy at will at an increased rent in accordance with the provisions of section twelve of chapter one hundred and eighty-six.

No action shall be maintained under this section unless:

(1) the manufactured housing community licensee has given at least thirty days' written notice, delivered by certified or registered mail, stating the reasons for termination and notifying the manufactured housing community resident that he has fifteen days from the date of the mailing of the notice in which to pay the overdue rent, or cure the substantial violation of the community rules or of the law or ordinance, in order to avoid eviction;

(2) the manufactured home resident has not paid the overdue rent or cured said violations within twenty days from the day on which such written notice was received; and

(3) such action, other than for nonpayment of rent, is brought within thirty days from the date of the last alleged violation; provided, however, that an action may be maintained under this section without further notice or opportunity to cure, if the same substantial violation of rules, other than nonpayment of rent, occurs within six months from the date on which such notice was delivered.

For the purposes of this section, upon the death of a manufactured housing community tenant, such tenancy shall continue in the estate of such tenant for a period of one year from the date of death or one year from the appointment of an executor or administrator, whichever first occurs.

A resident who has been evicted from a manufactured housing community shall have one hundred and twenty days after such eviction in which to sell the resident's manufactured home, subject to the terms of this paragraph. Such resident shall be responsible for the rental amount accruing during the period prior to such sale and shall maintain the manufactured home and lot during such period, on the terms and conditions of the lease or other rental agreement in effect prior to the occurrences of the default or termination of the term of occupancy which resulted in the eviction. If such manufactured home remains on the lot during such period, the owner of the manufactured housing community shall have a lien on the home to the extent such rental amount is not paid or such maintenance is not performed and to the extent of any additional past sums owed to the owner as set forth on any final eviction order issued by a court of competent jurisdiction. Such lien may be perfected by filing in the offices of the town clerk and secretary of state a uniform commercial code statement, prepared by the owner and signed by the former resident at the request of the owner following the issuance of such eviction order. If the former resident fails to sign such statement within ten days after receipt of such statement from the owner, such resident shall not be entitled to the benefits of this paragraph for so long as such failure continues, provided that nothing in the foregoing is intended to prevent the former resident from preparing and filing such a statement. During such one hundred and twenty day period, no person shall reside in such home and the former resident shall use good faith efforts to sell the home.

Mass. Gen. Laws ch. 140, § 32J