| |||||||
| |||||||
| |||||||
| 1 | AN ACT concerning civil law.
| ||||||
| 2 | Be it enacted by the People of the State of Illinois,
| ||||||
| 3 | represented in the General Assembly:
| ||||||
| 4 | Section 5. The Mobile Home Landlord and Tenant Rights Act | ||||||
| 5 | is amended by changing Section 24 as follows:
| ||||||
| 6 | (765 ILCS 745/24) (from Ch. 80, par. 224)
| ||||||
| 7 | Sec. 24. Sale of Mobile Home. The park owner shall be | ||||||
| 8 | enjoined and
restrained from prohibiting, limiting, | ||||||
| 9 | restricting, obstructing, or in
any manner interfering with | ||||||
| 10 | the freedom of any mobile home owner to:
| ||||||
| 11 | (a) Sell the his mobile home to a purchaser of the mobile | ||||||
| 12 | home owner's his choice, provided that
the park owner shall be | ||||||
| 13 | allowed to promulgate any general qualifications
or lawful | ||||||
| 14 | restrictions on park residents which limit or define the
| ||||||
| 15 | admission of entrants to the park. The purchaser, prior to | ||||||
| 16 | closing,
must obtain a written and signed lease unless the | ||||||
| 17 | purchaser elects to remove the mobile home from the mobile | ||||||
| 18 | home park. If the purchaser elects to remove the mobile home, | ||||||
| 19 | the person or entity that removes the mobile home shall be | ||||||
| 20 | licensed in accordance with the Manufactured Home Installers | ||||||
| 21 | Act and shall provide proof of insurance to the park owner as a | ||||||
| 22 | named additional insured. The purchaser and the park owner | ||||||
| 23 | shall establish a mutually agreed upon date and time for the | ||||||
| |||||||
| |||||||
| 1 | removal of the mobile home. The purchaser shall remove the | ||||||
| 2 | mobile home within 30 days of the date of purchase, satisfy any | ||||||
| 3 | liens the owner of the mobile home park may have against the | ||||||
| 4 | mobile home, indemnify the owner of the mobile home park | ||||||
| 5 | against any injury to persons or damage to the mobile home park | ||||||
| 6 | incurred as a result of the removal of the mobile home, and | ||||||
| 7 | remove all debris from the lot on which the mobile home was | ||||||
| 8 | located. If the purchaser fails to remove the mobile home | ||||||
| 9 | within 30 days of the purchase, the purchaser must complete | ||||||
| 10 | the mobile home park's application and execute the mobile home | ||||||
| 11 | park's standard lease agreement. If the purchaser fails to | ||||||
| 12 | meet qualifications for residency, the purchaser must sign a | ||||||
| 13 | storage agreement, approved by the mobile home park owner, and | ||||||
| 14 | comply with the rules and regulations of the mobile home park;
| ||||||
| 15 | (b) Employ or secure the services of an independent | ||||||
| 16 | salesperson in
connection with the sale of said mobile home, | ||||||
| 17 | providing that said
salesperson collects and remits all | ||||||
| 18 | governmental taxes.
| ||||||
| 19 | The park owner is prohibited from imposing any fee, | ||||||
| 20 | charge,
or commission for the sale of a mobile home, except | ||||||
| 21 | when a mobile home owner
requests the park owner or his agent | ||||||
| 22 | of the park owner to
assist in securing a purchaser for the his | ||||||
| 23 | mobile home. A commission may be
accepted for such service | ||||||
| 24 | subject only to the following conditions:
| ||||||
| 25 | (1) That the exact amount of commission or fee shall be a | ||||||
| 26 | percentage
of the actual sales price of the mobile home; and
| ||||||
| |||||||
| |||||||
| 1 | (2) That the maximum percentage figure for the services in | ||||||
| 2 | the
resale of the mobile home by the park owner or his agent of | ||||||
| 3 | the park owner shall be set forth
in writing prior to the sale.
| ||||||
| 4 | The park owner is prohibited from requiring, upon the sale | ||||||
| 5 | by a tenant
of a mobile home to a qualified purchaser, the | ||||||
| 6 | removal from the park of
such mobile home unless the mobile | ||||||
| 7 | home is less than 12 feet wide or is
significantly | ||||||
| 8 | deteriorated and in substantial disrepair, in which case the
| ||||||
| 9 | park owner shall bear the burden of demonstrating such fact | ||||||
| 10 | and must, prior
to sale, have given the tenant written notice | ||||||
| 11 | thereof, and that unless
first corrected, removal will be | ||||||
| 12 | required upon sale.
| ||||||
| 13 | (Source: P.A. 85-998.)
| ||||||
| 14 | Section 99. Effective date. This Act takes effect upon | ||||||
| 15 | becoming law.
| ||||||