Section 55-2701 – SHORT TITLE.

55-2701. SHORT TITLE. This chapter shall be known as and may be cited as "The Floating Homes Residency Act." History: [55-2701, added 1998, ch. 194, sec. 1, p. 699.]

Section 55-2702 – LEGISLATIVE POLICY.

55-2702. LEGISLATIVE POLICY. The legislature finds and declares that, because of current governmental policy limiting the availability of moorage sites both within and outside a floating home marina, the historic value of existing floating homes moored on the waters of the state, the investment in these floating homes and floating home marinas, and the cost […]

Section 55-2703 – GOOD FAITH.

55-2703. GOOD FAITH. Every duty under this chapter and every act which must be performed as a condition precedent to the exercise of a right or remedy under this chapter imposes an obligation of good faith in its performance or enforcement. History: [55-2703, added 1998, ch. 194, sec. 1, p. 699.]

Section 55-2704 – DEFINITIONS.

55-2704. DEFINITIONS. (1) "Floating home" means a floating structure which is designed and built to be used, or is modified to be used, as a stationary waterborne residential dwelling, has no mode or power of its own, is dependent for utilities upon a continuous utility linkage to a source originating on shore, and has a […]

Section 55-2705 – THIS CHAPTER GOVERNS.

55-2705. THIS CHAPTER GOVERNS. This chapter shall regulate and determine legal rights, remedies and obligations arising from any rental agreement between a landlord and tenant regarding a floating home moorage, except in those instances in which the landlord is renting both the moorage site and the floating home to the tenant. All such rental agreements […]

Section 55-2706 – RENTAL AGREEMENT.

55-2706. RENTAL AGREEMENT. (1) From and after the effective date of this chapter, any landlord offering a moorage site for rent shall provide the prospective tenant with a written agreement. This agreement must be executed by both parties. The provisions of this chapter shall apply to all such agreements to the extent applicable as set […]

Section 55-2707 – FLOATING HOME MARINA — RULES AND REGULATIONS.

55-2707. FLOATING HOME MARINA — RULES AND REGULATIONS. (1) Subject to the provisions of this chapter and to the terms of the rental agreement, the landlord may establish reasonable rules and regulations governing the use and occupancy of a floating home marina. A rule or regulation may be amended at any time with the consent […]

Section 55-2708 – ADJUSTMENTS TO RENT, SERVICES, UTILITIES OR RULES — FEES.

55-2708. ADJUSTMENTS TO RENT, SERVICES, UTILITIES OR RULES — FEES. (1) A landlord may increase or decrease rents only after ninety (90) days’ written notice to the tenants. (2) Rental rates shall at all times be reasonable. Factors to be considered in determining whether a change in rent is reasonable are as follows: (a) The […]

Section 55-2709 – EVICTION FROM MARINA.

55-2709. EVICTION FROM MARINA. The landlord shall not terminate or refuse to renew a tenancy, except for a reason specified in this chapter and upon the giving of not less than ninety (90) days’ written notice to the tenant in the manner prescribed by this section, to remove the floating home from the floating home […]

Section 55-2710 – REASONS FOR EVICTION — STATEMENT OF EVICTION REASONS IN NOTICE.

55-2710. REASONS FOR EVICTION — STATEMENT OF EVICTION REASONS IN NOTICE. (1) The grounds for which a tenancy may be terminated and a tenant evicted shall be: (a) Conduct by tenant or tenant’s guest which constitutes a nuisance to other floating home owners, marina tenants or marina owner; (b) Substantial or repeated violation of the […]

Section 55-2711 – EVICTION TO MAKE SPACE FOR FLOATING HOME OWNED BY LANDLORD.

55-2711. EVICTION TO MAKE SPACE FOR FLOATING HOME OWNED BY LANDLORD. No tenancy shall be terminated for the purpose of making a moorage site available for the landlord or a person who purchases a floating home from the owner of the floating home marina or his agent. History: [55-2711, added 1998, ch. 194, sec. 1, […]

Section 55-2712 – SALE, TRANSFER, OR REMOVAL OF A FLOATING HOME.

55-2712. SALE, TRANSFER, OR REMOVAL OF A FLOATING HOME. (1) No landlord shall deny any tenant who owns his floating home the right to sell a floating home on a rented moorage site or require the tenant to remove the floating home for the moorage site solely on the basis of the sale. (2) The […]

Section 55-2713 – NOTICE TO OWNER.

55-2713. NOTICE TO OWNER. (1) Any legal owner of a floating home in order to be protected under this section must notify the landlord in writing of his secured or other legal interest. (2) If the tenant becomes sixty (60) days in arrears in his rent or at the time of the suspected abandonment by […]

Section 55-2714 – TENANT ACTION FOR DAMAGES — SPECIFIC PERFORMANCE.

55-2714. TENANT ACTION FOR DAMAGES — SPECIFIC PERFORMANCE. (1) A tenant of a floating home marina may file an action against a landlord for damages and specific performance for: (a) Failure to maintain in good working order, to the terminal point of service, electrical, water or sewer services supplied by the landlord; (b) Maintaining those […]

Section 55-2715 – RETALIATORY CONDUCT BY LANDLORD PROHIBITED.

55-2715. RETALIATORY CONDUCT BY LANDLORD PROHIBITED. The landlord shall not terminate a tenancy, refuse to renew a tenancy, increase rent or decrease service he normally supplies, or threaten to bring an action for repossession of a floating home site as retaliation against the tenant because the tenant has: (1) Complained in good faith about a […]

Section 55-2716 – TENANT ASSOCIATIONS.

55-2716. TENANT ASSOCIATIONS. (1) The tenants in a floating home marina have the right to organize a tenant or homeowner’s association to further their mutual interests and to conduct any other business and programs which the association shall determine. When an association is organized it shall notify the landlord. (2) The landlord must meet and […]

Section 55-2717 – ARBITRATION.

55-2717. ARBITRATION. The landlord and tenant may agree in writing to submit a controversy under the provisions of this chapter to arbitration through the better business bureau, or similar private association or as otherwise provided in Idaho law. History: [55-2717, added 1998, ch. 194, sec. 1, p. 705.]

Section 55-2718 – PENALTIES.

55-2718. PENALTIES. If upon the trial of any action brought under the provisions of section 55-2714, Idaho Code, or those of section 6-303, Idaho Code, the court shall find that the defendant acted with malice, wantonness, or oppression, judgment may be entered for three (3) times the amount at which actual damages are assessed. History: […]

Section 55-2719 – ATTORNEY’S FEES.

55-2719. ATTORNEY’S FEES. In any action brought under the provisions of this chapter, or those of section 6-302 or 6-303, Idaho Code, except in those cases where treble damages are awarded, the prevailing party shall be entitled to an award of attorney’s fees. History: [55-2719, added 1998, ch. 194, sec. 1, p. 705.]

Section 55-2720 – VENUE.

55-2720. VENUE. Venue for any action arising under this chapter shall be in the district court of the county in which the floating home marina is located. History: [55-2720, added 1998, ch. 194, sec. 1, p. 705.]