68 Pa. Stat. § 398.13

Current through Pa Acts 2024-53, 2024-56 through 2024-92
Section 398.13 - Damages
(a) Any manufactured home community owner, operator or lessee aggrieved by a violation of their rights under this act may institute a private cause of action to recover damages, or for treble damages where so provided in this act, or for restitution in any appropriate court of initial jurisdiction within the Commonwealth.
(b) If disclosure as required by section 6 was not provided to the manufactured home community prospective first-time lessee prior to execution of the manufactured home space rental agreement or prior to initial occupancy of a manufactured home, the rental agreement is voidable by the lessee during the first year of occupancy until five calendar days after the receipt of the disclosure by the lessee.
(c) To void the rental agreement, the prospective first-time lessee shall deliver written notice to the manufactured home community owner or operator within five days after receipt of the disclosure and shall thereupon be entitled to a refund from the owner or operator of the community of any deposit together with installation costs for the manufactured home, paid to the owner or operator of the community park.
(d) The manufactured home community owner or operator may not collect rent from a prospective first-time lessee until the manufactured home community owner or operator and the lessee have entered into the rental agreement.
(e) When the manufactured home community owner or operator and a manufactured home lessee execute a new, renewed or extended lease for a manufactured home space, which increases rent or payables to the lessor, the manufactured home community owner or operator may not collect increased rent or fee payable rent from the manufactured home lessee until the manufactured home community owner or operator and the manufactured home lessee have entered into the new, renewed or extended lease. After receiving 60 days' notice of the community owner's or operator's intent to offer a new lease, the manufactured home occupant shall have 30 days to either accept the new, renewed or extended rental agreement or to notify the manufactured home community owner or operator of intent to vacate within 30 days. No increased rent or fee lease charges shall be effective against a lessee prior to the 61st day after receiving the owner or operator notice.
(f) A manufactured home lessee who chooses not to enter into a new, renewed or extended rental agreement shall have 60 days from the date of notification of intent to vacate the manufactured home community to enter into contract to sell or to relocate the manufactured home. No increased rent fee or lease charge shall apply during this period. So long as the manufactured home community owner or operator complied with disclosure as provided in section 6, the manufactured home lessee who does not enter into a new, extended or renewed rental agreement shall not be entitled to relocation costs.

68 P.S. § 398.13

1976, Nov. 24, P.L. 1176, No. 261, § 13, effective in 60 days. Amended 2010, Oct. 19, P.L. 546, No. 80, §4, effective in 150 days [ 3/18/2011].