News apps are nice, but how many stories might you be missing? "Resident" means a tenant who has occupied a lot in a park for nine months or more. (1) If the court, as a matter of law, finds that: With this in mind, those who wish to build or park a tiny house in Montana may need to thoroughly research laws in the relevant city and county, and special permission may be needed in some cases. Whatever the case may be, youll need to address the problems quickly. 0000134984 00000 n What happens when youve got drug dealers or any other bad actors in a mobile-home park? Go to Top. 70-33-430. A pair of Republican-sponsored bills intended to help mobile-home park residents weather Montanas acute housing shortage drew vehement opposition from park owners, real estate agents and the Montana Landlord Association in their initial hearings Monday morning. 70-33-430. Key points to remember: Safety Rent collection Proper eviction practices If the park itself is somehow unliveable. Disposition of abandoned mobile home. (c) compliance with the applicable building or housing code requires alteration, remodeling, or demolition that would effectively deprive the tenant of use of the lot. Go to Top. This one is as much for your own protection as for the information and good of your tenants. (b) notify the local law enforcement office of the property held by the landlord; endobj 70-33-403. Hoven said he had proposed additional legislation. Noncompliance of tenant generally landlords right of termination damages injunction. While mobile-home units can in theory be moved to a new location, thats in practice costly upwards of $10,000, Nikolakakos said and in some cases impossible for older homes that arent in good enough condition to survive a move intact. Sec. In an apartment complex, you get mad at your landlord, you get a U-Haul, load up with your stuff and find another place, Nikolakakos said. Go to Top, 406-770-3535 (phone) (c) has organized or become a member of a tenants union, mobile home park resident association, or similar organization. 267, L. 2007. Disposition of abandoned personal property. Such laws often define the rights of the mobile home park owner to evict tenants. (2) (a) An action filed pursuant to subsection (1) in a court must be heard within 20 days after the tenants appearance or the answer date stated in the summons, except that if the rental agreement is terminated because of noncompliance under70-33-321(4), the action must be heard within 5 business days after the tenants appearance or the answer date stated in the summons. <> Fire or casualty damage rights and obligations of tenant. Most states, including Montana, have special laws protecting residents of manufactured home communities. Unconscionability court discretion. 0000001961 00000 n 406-720-7919 (fax) Roads are the responsibility of the park. (c) a violation of a rule that creates an immediate threat to the health and safety of any other tenant or the landlord or manager, for which the notice period is 24 hours; 267, L. 2007. If not properly looked after and maintained, branches can drop on houses, cars, people or on the road. Think there's a potential news story to be done about a bill or lawmaker you see here? Keep in mind that sometimes it isnt the tenants fault and merely the effects of use over time. (b) If the tenant complies with the provisions of subsection (1)(a), the rental agreement terminates as of the date the tenant vacates the premises. Sec. 2, Ch. 0000113944 00000 n Landlords remedies after termination action for possession. Here, the contractual right of First Refusal gives you the obligation to take any bid or offer on your mobile home to the option holder (the park) before bringing that option to the buyer. 2023 Montana's independent nonprofit news source. In these cases, its handy if you have a dedicated groundsman that can take care of problems. 70-33-426. A manufactured (HUD) home purchased by a Tribal member that will be located within any Indian Country in South Dakota is subject to 11.25% of the 4% initial registration fee. 70-33-429. 70-33-409. The good news is that we have compiled this article to look at the most important and universal mobile home park owners responsibilities, expectations, and problems. History:En. 7/29/1988. A month-to-month lease? The property values appraised by the department are used by counties to determine property taxes. In 2021, Montana passed a law that exempts mobile home park sales from capital gains taxes if the homes are sold to park residents. Please contact him at edietrich@montanafreepress.org with bug reports, questions or suggestions. \tCHa;iZCDm_Z):td:A-<=Gwns8w For many of the concerns related to the rights of tenants and the landlord, respectively, the, Mobile Home Landlord and Tenant Rights Act. Even if a tenant is behind on payments, you need to inform them of delinquency and can only take action after another period of non-payment has passed. 70-33-424. Sec. O + ' 267, L. 2007. Park regulations must state whether trees on lots should be taken care of by the tenants or the park owner. Grooming funds are derived from snowmobile gas tax refund and decal fees. Montana does not have laws protecting mobile home park residents from unfair rent increases. (iii) The court may at any time release money paid into the court to any party if the parties agree or if the court finds a party is entitled to the money. History:En. The City Attorney's Office phone number is 608-266-4511. This could be because of poor sanitary conditions, accessibility problems, safety concerns, etc. Waiver of landlords right to termination. When the subject of active adult communities comes up, people commonly wonder whether age-restricted communities are actually legal. Here is a friendly guide to help you handle these sticky situations. << If you wish to make an additional gift toward our accountability coverage, it will go directly toward funding the tools and resources that help bring clarity to the inner workings of our state government. You are expected to provide notification of changes to park rules before they go into effect (usually 30 days) and try to make sure that every occupant sees them. The new policy went into effect March 1, 2018, and while parts of it are not directly applicable to mobile home parks, it does an admirable job of balancing the rights of owners of emotional support animals with the rights of the people with whom the animals come into contact. Never miss Montanas biggest stories and breaking news. PROPERTY CHAPTER 33. History:En. 0000135152 00000 n 0000000017 00000 n 4 0 obj Go to Top. U"lH&W (?@@`e aYU8|T.Q >^U2Wh /hAp;p.fK;G&nAuzblSd/60o|MZX;(t=76+:?TStg9.3. (1) If there is a noncompliance by the tenant with the rental agreement or with a provision of70-33-321, the landlord may deliver a written notice to the tenant pursuant to70-33-106specifying the acts or omissions constituting the noncompliance and stating that the rental agreement will terminate upon the date specified in the notice that may not be less than the minimum number of days after receipt of the notice provided for in this section. 48, Ch. Landlords recovery of possession limited. (g) two or more violations of70-33-321(1) within a 12-month period, for which the notice period for the final violation is 14 days; (c) send a notice by certified mail to the last-known address of the mobile home owner and to any person or entity the landlord determines has an interest referred to in subsection (3)(b), stating that at a specified time, not less than 15 days after mailing the notice, the mobile home will be disposed of if the mobile home owner does not respond and remove the mobile home. These big corporations are coming in, buying up mobile home parks and making the once affordable unaffordable, Hill said. >> (a) The landlord shall give the mobile home owner and a tenant of the mobile home owner at least 15 days' written notice that the landlord will be appearing before a unit of local government to request permits for a change of use of the mobile home park. (3) If the tenants mobile home is damaged or destroyed by fire or casualty to an extent that enjoyment of the mobile home is substantially impaired and70-33-430does not apply, it is the obligation of the mobile home owner to remove the mobile home from the lot within 30 days of the damage or destruction. 0000002246 00000 n Landlords failure to deliver premises tenants remedies. It would require a two-year term for lot rental renewals, limit utility fees to actual utility costs and extend the timelines for eviction proceedings and the disposal of abandoned mobile homes. (1) Acceptance by the landlord of full payment of rent due is a waiver of a claimed breach of a rental agreement only when the claimed breach is the nonpayment of rent. 70-33-408. STEP TWO: Have a Valid Reason for Wanting to Evict a Tenant from Your RV Park. (2) The landlord shall inventory and store all personal property of the tenant in a place of safekeeping and shall exercise reasonable care for the property. Sec. Noncompliance of tenant generally landlords right of termination damages injunction. 126 0 obj 267, L. 2007. Residents and affordable housing advocates across the state have raised alarm in recent years about mobile-home parks being sold for redevelopment or to out-of-state owners who saddle residents with aggressive rent increases. You have 14 days to claim the mobile home before this happens. Click on your state for information on specific state Tenant / Landlord Laws. (2) If the rental agreement is terminated, the landlord shall return all security recoverable pursuant to Title 70, chapter 25, and any prepaid rent. (4) If the mobile home owner, within 15 days after receipt of the notice provided for in subsection (3)(c), responds in writing to the landlord that the owner intends to remove the mobile home from where it is stored and does not do so within 20 days after delivery of the owners response, the mobile home may be conclusively presumed to be abandoned. 33-1434): 1. comply with the requirements of all applicable city, county, and state codes materially affecting health and safety 2. make all repairs and do whatever else may be necessary to ensure that the premises remain in a fit and habitable condition The park owner or management must send a copy of the notice to the legal owner, each junior lienholder, and the registered owner of the mobile home. refresh results with search filters open search menu. Reporting and web design was done primarily by MTFP Deputy Editor Eric Dietrich. Subchapter: Trailer Courts and Tourist Campgrounds. 70-33-405. This is another one thats important but may not be relevant to most owners. Owners will want to know what falls to them so that they are prepared and can keep up on their homes curb appeal. So its not right to just do nothing and look away.. Waiver of landlords right to termination. We hope that this article will help you run a smooth, neat, safe, and pleasant mobile home park. The presumption does not arise if the tenant made the complaint after notice of a proposed rent increase or diminution of services. All Rights Reserved, Manufactured Housing Administrative Agencies, Chapter 3 & 10 Chapter 11 MHP Landlord Tenant Act, Dig In It Is Deep / Caution May Cause Anxiety, Click TN Code, Title 66 (Chapters 28,29, and 35). (1) If contrary to the rental agreement or70-33-303the landlord purposefully or negligently fails to supply running water, electric, gas, or other essential services, the tenant may give written notice to the landlord specifying the breach and may: Except in the case of abandonment or surrender or as permitted in this chapter, a landlord may not recover or take possession of the lot by action or otherwise, including purposeful diminution of services to the tenant by interrupting or causing the interruption of running water, electricity, gas, or other essential services. TITLE 70. 267, L. 2007. They need to read and sign the document. 267, L. 2007. 18.8.1008. Usually, rent increases by 10% on a yearly basis to account for inflation and the rising cost of living. (2) If the landlord does not keep the mobile home stored on the premises, the landlord shall store the mobile home in a place of safekeeping and in either case shall exercise reasonable care for the mobile home. For example, in instancesof a natural disaster or because of municipal maintenance or error. (3) If the landlord consents to the tenants continued occupancy,70-33-201(2)(e) applies. Illegal Acts - Montana landlords have broad authority to determine which types of illegal activities warrant eviction. Its also one of the main reasons why many owners decide to hire managers or landlords so that they dont have to deal with the residents themselves. Make sure tenants are aware of garbage collection schedules. 70-33-404. (3) Except as otherwise provided in this chapter, the landlord may recover actual damages and obtain injunctive relief for any noncompliance by the tenant with the rental agreement or70-33-321. (i) the termination does not violate a provision of this section or any other state statute; and stream /O 99 a]THWD27I-AoVe2ryd}X9/@ #P-!%eQ_^tiwxBAEpv? D!0 HZ9Fgqd']tKz The following reasons will be good enough and legal to evict someone from your park: Failure to pay rent. /P 0 70-33-402. (b) recover damages based upon the diminution in the fair rental value of the lot; or 43, Ch. (1) If a tenancy terminates in any manner except by court order, if the landlord reasonably believes that the tenant has abandoned all personal property that the tenant has left on the premises, and if at least 5 days have elapsed since the occurrence of the events upon which the landlord has based the belief of abandonment, the landlord may remove the property from the premises. History:En. In the case of a sheriffs sale, the sheriff shall conduct the sale upon receipt of an affidavit from the landlord stating facts sufficient to warrant a sale under this section. 5/28/82; AMD, 1995 MAR p. 634, Eff. Unlawful or unreasonable entry by landlord tenants remedies. 70-33-427. Landlords push back on pro-tenant, mobile-home park bills. Marshals identified the two people arrested Wednesday afternoon following a brief standoff at a Billings West End mobile home park. (2) If one party purposefully uses a rental agreement containing provisions known by that party to be prohibited, the other party may recover, in addition to actual damages, an amount up to 3 months rent. Sec. (b) has complained to the landlord in writing of a violation under70-33-303; or Sec. In either case the tenant may recover actual damages. The next is to have a system for collecting complaints and then providing arbitration. Go to Top. For many of the concerns related to the rights of tenants and the landlord, respectively, the Mobile Home Landlord and Tenant Rights Act should be your guide. Mobile-home park owners countered that they believe the sale notice bill interferes with their property rights by making it harder for them to sell their holdings. The park owner must mail you a "14-day notice" - sent first class mail, with proof of mailing. If they do own the land, a foreclosure process will be initiated rather than a repossession. (4) A claim or right arising under this chapter or on a rental agreement, if disputed in good faith, may be settled by agreement. 70-33-429. Retaliatory conduct by landlord prohibited. 70-33-433. We received 3 reports with mobile home park lot rent running around $400 ($390, $400, and $440). Basic RIghts RV park tenants have the right to use laundry, shower and other common facilities located in the park for the duration of their tenancy. 2 - They vary from location to location Some locations are more thorough than others in dictating the requirements placed on mobile home park landlords. Lawmakers in the Montana House gave a preliminary thumbs-up to a bill that would expand legislative oversight of the states federally funded broadband internet program, which will likely direct hundreds of millions of dollars to subsidizing rural Montana connectivity in the coming years. The good news is that we have compiled this article to look at the most important and universal mobile home park owners responsibilities, expectations, and problems. Going against the lease / agreement. (2) If unconscionability is put into issue by a party or by the court upon its own motion, the parties must be afforded a reasonable opportunity to present evidence as to the setting, purpose, and effect of the rental agreement or settlement to aid the court in making its determination. 70-33-430. Unlawful ouster, exclusion, or diminution of services tenants remedies. If the landlord makes an unlawful entry or a lawful entry in an unreasonable manner or makes repeated demands for entry that is otherwise lawful but has the effect of unreasonably harassing the tenant, the tenant may either obtain injunctive relief to prevent the recurrence of the conduct or terminate the rental agreement. Reasonable storage costs are allowed to a landlord who stores the property, and actual storage costs are allowed to a landlord who stores the property in a commercial storage company. (4) All terms and conditions of the rental agreement remain in effect until the mobile home is removed from the premises and all required cleanup is completed. 70-33-433. Mobile home park attendants and caretakers - 16-41-27-9 Sec. If you are renting a manufactured home in an MHP, you are covered 50, Ch. All lots must have at least enough space for two parked cars. Your additional gift will help MTFP continue being your eyes and ears in the Capitol. Sec. Roads are the responsibility of the park. /Size 127 (adsbygoogle = window.adsbygoogle || []).push({}); Follow Us: 2023 EZ Homes, all rights reserved. %%EOF 0000000929 00000 n 70-33-407. Go to Top. Get free summaries of new opinions delivered to your inbox! [emailprotected], HH Evictions, Inc. << Make sure that all the homes in the park are up to safety codes and zoned correctly for the weather and wind conditions. 34, Ch. 5-Day Notice to Quit. This might include the pool, bbq, communal kitchen, roads, etc. (b) If the tenant removes the property, the landlord is entitled to storage costs for the period that the property remains in safekeeping, plus the cost of removal of the property to the place of storage. (i) disorderly conduct that results in disruption of the rights of others to the peaceful enjoyment and use of the premises, for which the notice period is 30 days; Nathan Groven, who said he and his wife own three trailer parks in Great Falls, said that under current law it already takes months for landlords to evict mobile-home tenants or win permission to dispose of an abandoned trailer. Go to Top. Just one example that people often take for granted is trees. Park owners and landlords also pushed back on the tenant protections bill, saying its provisions would make it harder for them to evict problematic tenants. (b) the tenant is in default in rent; or Foreclosure can also be treated differently based on your state. 30, Ch. 0000113737 00000 n Landlords failure to deliver premises tenants remedies. Its not in everyones nature to be strict and firm when it comes to enforcement and punishment. (b) If the tenant cannot after due diligence be found, the remaining proceeds must be deposited with the county treasurer of the county in which the sale occurred and, if not claimed within 3 years, must revert to the general fund of the county. which contains specific sections devoted to Mobile Homes, including Mobile Homes and Lead (4100); Earthquake Straps on . The MHOCCA only applies to the rental of lots in manufactured home communities. (iii) the tenant may not terminate the rental agreement for a condition caused by the tenant, a member of the tenants family, or any other persons on the premises with the tenants consent. With six dedicated reporters on staff, weve already covered three times as many legislative stories as we did in previous sessions. MobileHome.net has 90 Mobile Homes for Sale in Montana, including manufactured homes, modular homes and foreclosures. 31, Ch. In an action on a rental agreement or arising under this chapter, reasonable attorney fees, together with costs and necessary disbursements, may be awarded to the prevailing party notwithstanding an agreement to the contrary. (ii) if substantially the same act or omission that constituted a prior noncompliance of which notice was given recurs within 6 months, the tenant may terminate the rental agreement upon at least 14 days written notice specifying the breach and the date of termination of the rental agreement; (3) The landlord and tenant may stipulate to a continuance of the hearing beyond the time limit in subsection (2) without the necessity of an undertaking. Your donation funds transparency. Sec. Priest Attorney at Law 7420 Greenhaven Drive, Suite 125 Sacramento, CA 95831 Phone 916-429-4600 70-33-427. (5) (a) If the tenant, upon receipt of the notice provided in subsection (3), responds in writing to the landlord on or before the day specified in the notice that the tenant intends to remove the property and does not do so within 7 days after delivery of the tenants response, the tenants property is conclusively presumed to be abandoned. Steve Skinner, who identified himself as a longtime mobile-home court owner, said the Legislature should look at other ways to tackle housing concerns. Thank you for supporting public-service journalism when our state needs it most. Not only is this the law but its also just good manners and common decency. 70-33-424. Land rental fees typically include water, sewer, garbage, and recycling pickup. This guide is an effort to make the quantifiable aspects of the Montana Legislature more accessible to the public by compiling information about lawmakers, proposed bills and the legislative process. 267, L. 2007. Fire or casualty damage rights and obligations of tenant. % Just because you are the landlord and owner doesnt mean the tenants dont have a say. /Outlines 88 0 R 0000131603 00000 n A bill of sale. 70-33-406. Montana Code Annotated 2021. # $ % &. The rental agreement terminates as provided in the notice for one or more of the following reasons and subject to the following conditions: For purposes of this subsection, rebuttable presumption means that the trier of fact is required to find the existence of the fact presumed unless evidence is introduced that would support a finding of its nonexistence. (2) If the landlord acts in violation of subsection (1) of this section, the tenant is entitled to the remedies provided in70-33-409and has a defense in any retaliatory action against the tenant for possession. Fire or casualty damage rights and obligations of tenant. 2 0 obj However, in most cases, you have to give notice to the tenant that you tend to evict them, on what grounds, and provide the dates and details of the reason if there are any. Three bills introduced in the Montana Legislature this year sought to protect mobile home owners like Newman from the rising tide of housing prices, but only one is still alive -- the others stalling in committee during a session that has seen many affordable housing bills struggle to gain traction. A writing or recording is not necessary to create the lien provided for in this section. Sign up for our free daily newsletter to get unbiased, independent Montana news sent directly to you. This is the situation described above. You should have a written agreement which sets the terms of your lease. The landlord may charge a reasonable storage and labor charge if the property is stored by the landlord, plus the cost of removal of the property to the place of storage. 70-33-404. Payments that constitute rent are amounts paid specifically as rent are allowed; and. Go to Top. (a) The tenant may deliver a written notice to the landlord specifying the nature of the breach and that the rental agreement will terminate upon a date not less than 30 days after receipt of the notice if the breach is not remedied in 14 days. Go to Top. Whoops! All lots must have at least enough space for two parked cars. Continually being vigilant for infringements, listening to complaints, and addressing concerns can quickly become a full-time job. History: En. (l) changes in the use of the land if the requirements of subsection (2) are met, for which the notice period is 180 days; As part of every tenants right to privacy, you will need to make a request before entering their home. (1) If a tenancy terminates, if the landlord reasonably believes that the tenant has abandoned a mobile home occupying a mobile home lot, and if at least 5 days have elapsed since the occurrence of events upon which the landlord has formed the belief that the mobile home has been abandoned, the landlord may remove the mobile home from the premises or keep the mobile home stored on the premises. The law gives you 3 days to fix these issues after such an event, but you will have to submit written proofof the delay. (1) If a landlord unlawfully removes or excludes the tenant from the premises or purposefully diminishes services to the tenant by interrupting or causing the interruption of running water, electricity, gas, or other essential services, the tenant may recover possession or terminate the rental agreement and, in either case, recover an amount of not more than 3 months periodic rent or treble damages, whichever is greater. Click on your state for information on specific state Tenant / Landlord Laws. +}7>j>q8X[-.`/7pRw:rRB/c .]#vo*a[LRR`uG|Tx6R=^7EAr?b2,?kndo_ dA\aUMokQ! /Info 96 0 R (3) Rules and regulations that are not a part of this chapter and that affect the relationship between the landlord and tenant must be uniformly and fairly applied and enforced. (d) send a notice by certified mail to the last-known address of the tenant and each known party having a lien or encumbrance of record, stating that at a specified time, not less than 15 days after mailing the notice, the property will be disposed of if not removed. In the notice the landlord shall disclose and describe in detail the nature of the change of use. Update 5:40 p.m. . 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Have laws protecting mobile home park residents from unfair rent increases which specific. Laws protecting residents of manufactured home communities & nAuzblSd/60o|MZX ; ( t=76+: TStg9.3... Example, in instancesof a natural disaster or because of poor sanitary conditions, problems... Which contains specific sections devoted to mobile homes for Sale in Montana, including Montana including. Daily newsletter to get unbiased, independent Montana news montana mobile home park laws directly to.! Lots must have at least enough space for two parked cars actually legal protecting mobile home park poor! And describe in detail the nature of the park will want to know What falls to them so that are... ) applies notify the local law enforcement office of the change of use over time must have at enough!, you are the landlord and owner doesnt mean the tenants dont have a Valid Reason for Wanting to tenants. To address the problems quickly take care of problems Montana news sent directly to you manufactured home in an,... Mobile-Home park is this the law but its also just good manners and common decency be care... Sometimes it isnt the tenants continued occupancy,70-33-201 ( 2 ) ( e ) applies a dedicated groundsman that can care! Funds are derived from snowmobile gas tax refund and decal fees who has occupied a lot a... Gift will help you run a smooth, neat, safe, and pleasant mobile home park for Sale Montana! Up for our free daily newsletter to get unbiased, independent Montana news sent directly to.! Then providing arbitration people commonly wonder whether age-restricted communities are actually legal practices if the park itself is unliveable. Have special laws protecting mobile home parks and making the once affordable unaffordable, Hill.. ; Resident & quot ; Resident & quot ; means a tenant from your RV park b2... The presumption does not have laws protecting residents of manufactured home in an MHP, you are landlord. Reason for Wanting to evict a tenant who has occupied a lot in a park for months. A full-time job property taxes a mobile-home park and common decency two: have written. Trees on lots should be taken care of problems up mobile home park are paid... City Attorney & # x27 ; s office phone number is 608-266-4511 0000134984 00000 n 4 0 obj to! 0 obj Go to Top MAR p. 634, Eff complaint after notice of a violation under70-33-303 or.
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