2980

LAWS OF MARYLAND

Ch. 843

(2)  ENFORCE THE REMAINDER OF THE RENTAL
AGREEMENT OR PARK RULE WITHOUT THE UNCONSCIONABLE PROVISION;
OR

(3)  LIMIT THE APPLICATION OF ANY UNCONSCIONABLE
PROVISION AS TO AVOID ANY UNCONSCIONABLE RESULT.

(E) IF THE EFFECT OF ANY PROVISION OF A RENTAL
AGREEMENT IS TO INDEMNIFY THE PARK OWNER, HOLD HIM HARMLESS,
OR PRECLUDE OR EXONERATE HIM FROM ANY LIABILITY TO A MOBILE
HOME RESIDENT, OR TO ANY OTHER PERSON, FOR ANY INJURY, LOSS,
DAMAGE, OR LIABILITY ARISING FROM ANY OMISSION, FAULT,
NEGLIGENCE, OR OTHER MISCONDUCT OF THE PARK OWNER ON OR
ABOUT THE LEASED PREMISES NOT WITHIN THE EXCLUSIVE CONTROL
OF THE MOBILE HOME RESIDENT, THE PROVISION IS AGAINST PUBLIC
POLICY AND VOID. AN INSURER MAY NOT CLAIM A RIGHT OF
SUBROGATION BY REASON OF THE INVALIDITY OF THIS PROVISION.

SUBTITLE 16. NONPAYMENT OF RENT

8A-1601.

(A)  IN AN ACTION BY THE PARK OWNER FOR EVICTION BASED
ON NONPAYMENT OF RENT OR FOR RECOVERY OF UNPAID RENT, THE
RESIDENT MAY RAISE:

(1)  A DEFENSE OF MATERIAL NONCOMPLIANCE WITH THE
TITLE IF, BEFORE THE DUE DATE OF RENT, THE RESIDENT GAVE TO
THE PARK OWNER WRITTEN NOTICE THAT BASED ON THE
NONCOMPLIANCE THE RESIDENT DID NOT INTEND TO PAY RENT AND
SPECIFIED IN DETAIL THE PROVISION OF NONCOMPLIANCE; OR

(2)  RAISE ANY OTHER LEGAL OR EQUITABLE DEFENSE.

(B)  IF, IN AN ACTION BY THE PARK OWNER FOR EVICTION
BASED ON NONPAYMENT OF RENT, THE RESIDENT RAISES A DEFENSE
OTHER THAN PAYMENT, THE RESIDENT MAY PETITION THE CIRCUIT
COURT FOR THE APPOINTMENT OF A TRUSTEE TO RECEIVE THE RENT
OF THE RESIDENT, APPLY THE SAME TO CORRECTING THE DEFICIENCY
COMPLAINED OF AND MAKE A FULL ACCOUNTING THEREOF TO THE
COURT. THE COURT SHALL GIVE THE PARTIES A REASONABLE
OPPORTUNITY TO PRESENT EVIDENCE AS TO THE CONTROVERSY BEFORE
A TRUSTEE IS APPOINTED.

SUBTITLE 17. PARK OWNER'S REPOSSESSION REMEDIES

8A-1701.

(A)  WHENEVER THE RESIDENT UNDER ANY RENTAL AGREEMENT,
EXPRESS OR IMPLIED, VERBAL OR WRITTEN, SHALL FAIL TO PAY THE
RENT WHEN DUE AND PAYABLE, IT SHALL BE LAWFUL FOR THE PARK
OWNER TO HAVE AGAIN AND REPOSSESS THE PREMISES SO RENTED.

(B)  WHENEVER ANY PARK OWNER SHALL DESIRE TO REPOSSESS
ANY PREMISES TO WHICH HE IS ENTITLED, HE OR HIS DULY
QUALIFIED AGENT OR ATTORNEY, SHALL MAKE HIS WRITTEN