33-2105. Terms and conditions of rental agreement; notice, removal

A. At the request of either the landlord or the tenant, a signed, written rental agreement shall be executed. The rental agreement shall be executed in good faith by both parties and shall not provide for the waiver of any rights given to either party by other provisions of this chapter. The rental agreement shall be for a specific period and:

1. Shall include:

(a) The amount of the rent. Rent is payable without demand or notice at the time and place agreed on by the parties. Unless otherwise agreed, rent is uniformly apportionable from day to day.

(b) The amount of any security deposit.

2. May provide that the landlord may charge a late fee of not more than five dollars per day from the due date of the rent until the rent is paid if the rent is not remitted by the sixth day after the due date.

B. If the landlord and tenant agree to the term of the rental agreement, the rental agreement may be for any term. In the case of a renewal of a rental agreement, if the landlord and tenant do not agree on the term, the agreement shall be for the same term as the previous agreement but not longer than one year. Any written rental agreement shall have all blank spaces completed, and executed copies of the written rental agreement shall be furnished to all parties within ten days after execution.

C. The rental agreement may include conditions not prohibited by this chapter or other rule of law governing the rights and obligations of the parties.

D. The rental agreement may provide that if a dispute arises the prevailing party may recover costs and reasonable attorney fees. In any action arising under this chapter, the court may award the prevailing party costs and reasonable attorney fees even if the rental agreement does not contain such a provision.

E. The landlord shall provide with the rental agreement a current copy of the rules of the recreational vehicle park.

F. On the expiration or renewal of any rental agreement, the landlord may increase or decrease the total rent or change payment arrangements. The landlord shall notify the tenant in writing by first class or certified mail or by personal delivery at least sixty days before the expiration or renewal of any rental agreement of any such increase or change.

G. As a condition of tenancy the rental agreement may require the prospective tenant to make improvements to the recreational vehicle, including all appurtenances owned by the tenant, to preserve or upgrade the quality of the recreational vehicle park even if the prospective tenant is purchasing a recreational vehicle already located in the park. The improvements shall not exceed the requirements of the rules of the park.

H. A moving company or the tenant shall contact the landlord or manager at least thirty days before a recreational vehicle is moved into or out of the park.

I. The resident shall inform the landlord or park manager at least thirty days before the expiration of the rental agreement if the tenant is not renewing the rental agreement and is vacating the space. If timely notice is not given before the tenant moves from the space, the tenant shall pay rent equal to the amount of rent for the notice period.

J. A tenant shall not remove a recreational vehicle from a recreational vehicle or mobile home space unless the tenant has received from the landlord a clearance for removal that shows that all monies, including rent and utilities, due the landlord as of the date of removal have been paid or that the landlord and tenant have otherwise agreed to the removal.

K. The rental agreement may provide that the landlord may charge a guest fee.