A landlord is entitled to payment of the storage costs allowed under this subsection before the tenant may remove the property. This is the situation described above. 70-33-405. endobj 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. 50, Ch. 267, L. 2007. 267, L. 2007. 70-33-401. The landlord is also responsible for ensuring that garbage collection takes place as usual. Insurance is also a must. ! " (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. 267, L. 2007. (b) If the landlord fails to use reasonable efforts to rent the lot at a fair rental or if the landlord accepts the abandonment as a surrender, the rental agreement is terminated by the landlord as of the date the landlord has notice of the abandonment. Before we leave you with all this information, we would like to give you one final tip: You can never go wrong by promoting good landlord-tenant relationships. Please check official sources. A landlord can place a lien on a mobile home for space rent or unpaid utilities. If you are renting a manufactured home in an MHP, you are covered Sec. 70-33-403. 70-33-429. Grounds for termination of rental agreement. (2) (a) If the tenant abandons the lot, the landlord shall make reasonable efforts to rent the lot at a fair rental. Unlawful or unreasonable entry by landlord tenants remedies. 70-33-403. 31, Ch. (1) (a) If the rental agreement requires the tenant to give notice to the landlord of an anticipated extended absence in excess of 7 days, as provided for in70-33-322, and the tenant fails to do so, the landlord may recover actual damages from the tenant. 7/29/1988. 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. 39, Ch. 43, Ch. Disposition of abandoned mobile home. Illegal Acts - Montana landlords have broad authority to determine which types of illegal activities warrant eviction. Go to Top. Yes. U"lH&W (?@@`e aYU8|T.Q >^U2Wh /hAp;p.fK;G&nAuzblSd/60o|MZX;(t=76+:?TStg9.3. Grounds for termination of rental agreement. Unlawful or unreasonable entry by landlord tenants remedies. REP. 7/29/1988. I dont think thats reasonable, Nikolakakos said. 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. /S 549 A dish filled with water sits in the sink at Katelyn Anton's home at Meadowlark Mobile Home Park on Friday in Billings. This might include the pool, bbq, communal kitchen, roads, etc. Owners will want to know what falls to them so that they are prepared and can keep up on their homes curb appeal. Sec. Anton said her family can go as many as three days without water,. <> Sec. 70-33-427. A mobile-home park just isnt like that.. A writing or recording is not necessary to create the lien provided for in this section. The property values appraised by the department are used by counties to determine property taxes. When the subject of active adult communities comes up, people commonly wonder whether age-restricted communities are actually legal. History:En. However, they are not permitted to perform a retaliatory eviction. 267, L. 2007. In these cases, its handy if you have a dedicated groundsman that can take care of problems. 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. In some states, like Oregon, the law treats this . In either case the tenant may recover actual damages. Roads are the responsibility of the park. Sec. /P 0 (b) demand performance of the rental agreement by the landlord and, if the tenant elects, maintain an action for possession of the lot against the landlord or a person wrongfully in possession and recover the actual damages sustained by the tenant. Stop Mobile Home Repossession He has worked as a professional journalist in Montana since 2013, with stints at the Great Falls Tribune, Bozeman Daily Chronicle, and Solutions Journalism Network before joining the Montana Free Press newsroom in Helena full time in 2019. <>/ExtGState<>/Font<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> 97 0 obj >> Some parks are exempt if they only had one parking space per lot at the time of opening. 33, Ch. The rental agreement terminates as provided in the notice subject to the following exceptions: History:En. 70-33-434. If you wish to suggest an update please contact us. Dan works heavily in the administrative role within the organization. /Info 96 0 R Multiple park owners also scoffed at the notion that mobile-home park tenant associations can successfully keep up with maintenance and police resident behavior. Just because you are the landlord and owner doesnt mean the tenants dont have a say. 70-33-425. Unconscionability court discretion. As part of every tenants right to privacy, you will need to make a request before entering their home. Remedies for absence or abandonment. 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. 70-33-426. We are all familiar with the typical Hollywood trope of the angry landlord shouting after their tenants to pay up their late rent. 70-33-402. 70-33-407. 456, L. 2001; amd. Disposal may include having the mobile home removed to an appropriate disposal site. 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. About the 2023 Montana Free Press Capitol Tracker. 36, Ch. 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. You will need to keep track of who has paid and still needs to pay; who is late; how long they have been late;the number of infractions; and who pays for what (lot rent, home and lot rent, levies, etc.). You're all set! )]qwvA m\mT~{ Qb%U;}p`? We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. History:En. A bill of sale. Retaliatory conduct by landlord prohibited. (a) simplify and clarify the law governing the rental of land to owners of mobile homes and manufactured homes and the rights and obligations of landlords and tenants concerning lot rentals; and (b) encourage landlords and tenants to maintain and improve the quality of housing. 70-33-430. /L 430972 << (b) the tenant is in default in rent; or 0000091691 00000 n Differentiate between lots and other park property so that there is no gray area regarding responsibilities. News apps are nice, but how many stories might you be missing? Id. 70-33-404. Most states, including Montana, have special laws protecting residents of manufactured home communities. STEP TWO: Have a Valid Reason for Wanting to Evict a Tenant from Your RV Park. PROPERTY CHAPTER 33. Go to Top. The park has to give the resident, and anyone the park knows has a mortgage on the resident's home, a written notice ten days before taking action. Thank you for supporting public-service journalism when our state needs it most. /O 99 Parks are legally obligated to provide all park residents with "quiet enjoyment" of the premises, and that quiet enjoyment can be disrupted if park residents are at risk from dangerous breeds brought into the park. Make sure tenants are aware of garbage collection schedules. (b) If the action is appealed to the district court, the hearing must be held within 20 days after the case is transmitted to the district court, except that if the rental agreement is terminated because of noncompliance under70-33-321(4), the hearing must be held within 5 business days after the case is transmitted to the district court. (4) In a landlords action for possession filed pursuant to subsection (1), the court shall rule on the action within 5 days after the hearing. General Provisions; Part 2. 114, L. 2003. 70-33-422. 30, Ch. (2) If a landlord plans to change the use of all or part of the premises from mobile home lot rentals to some other use, each affected mobile home owner must receive notice from the landlord as follows: 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. (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. Just one example that people often take for granted is trees. On Tuesday, the Cheney City Council unanimously voted to table the first reading of a proposed land zone change ordinance that could be a precursor to closing the North Cheney Mobile Home Park. All lots must have at least enough space for two parked cars. If the landlord rents the lot for a term beginning before the expiration of the rental agreement, the rental agreement terminates as of the date of the new tenancy. 0000125292 00000 n 267, L. 2007. 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. 799.31. Sec. 267, L. 2007. (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. Go to Top. Park regulations must state whether trees on lots should be taken care of by the tenants or the park owner. refresh results with search filters open search menu. !EO:)!;z>w:q+DkTE 96K24-]J=_tSJ'R-_Oj%D@"`FHtn0Zu+2rk?4\2/ Nucd Wf(kn]PGdSQG.h2 ,w 1zz>c*ZMK/= <> Go to Top. If the section above was significant, this just adds to the reason why most people either take on park management as a permanent role, hire a manager or decide against buying a park at all. 0000136104 00000 n 267, L. 2007. Box 200516 Helena, MT 59620 Phone: (406) 841-2056 Fax: (406) 841-2050 Email Us The bill is signed by both the buyer and the seller in a compa ny of a notary witness. Its also the mobile home park owners responsibility to have a plan in place in case of an emergency. If your park is in a zone that experiences hurricanes or tornadoes, you will need to have plans in place for either event. Get A Quick Cash Offer For Your Mobile Home. 0000091893 00000 n 70-33-426. Sec. History:En. % At the start, make sure that every tenant receives a list of the rules and regulations of the park when joining. 1 - There are federal and state laws Outside of your own mobile home park laws, there are federal and state laws that will have a higher authority than the laws you set in place for your park. They are not low-income government housing, Groven said. If the noncompliance results in a case of emergency and the landlord fails to remedy the situation within 3 working days after written notice by the tenant of the situation and the tenants intention to terminate the rental agreement, the tenant may terminate the rental agreement. (5) The maintenance of an action under subsection (4) of this section does not release the landlord from liability under70-33-404(2). Bills would require advance notice of sales to help community ownership bids, extend eviction timelines. Most mobile home parks have documents which provide you with a long-term lease, but have language which specifies the rental period is a calendar year with the lot rent . 4 0 obj Landlords failure to deliver premises tenants remedies. (c) make a reasonable effort to determine if the property is secured or otherwise encumbered; and "Recreational vehicle park" or "park" has the same meaning as defined in Section 18862.39 of the Health and Safety Code. (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. 2023 Montana's independent nonprofit news source. 70-33-406. (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. History:En. (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. A tenant cannot be evicted for revenge. The sale proceeds are subject to any prior security interest of record. << Please remember that mobile-home parks are private property. Click on your state for information on specific state Tenant / Landlord Laws. endobj Noncompliance of tenant generally landlords right of termination damages injunction. Knowing your responsibilities and expectations placed on your shoulders is the first step towardsgood residential park management. (3) The acceptance of partial payment of rent due does not constitute a waiver of any right. (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. 70-33-433. Go to Top. Update 5:40 p.m. A resident is late paying rent or utility charges owed to the park. Cal. Going against the lease / agreement. endobj (3) After complying with subsections (1) and (2), the landlord shall: Montana Lease or Rental of Space in a Mobile Home Park and Lease of Mobile Home with Option to Purchase - Lease or Rent to Own US Legal Forms offers multiple state-specific forms available to fill out, modify and print. "Resident" means a tenant who has occupied a lot in a park for nine months or more. 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(m) any legitimate business reason not covered elsewhere in this subsection (1) if the landlord meets the following requirements: Refusal of access landlords remedies. is a friendly guide to help you handle these sticky situations. 0000137401 00000 n 2, Ch. amounts paid for utilities, furnishings, and parking if the landlord makes NO seperate charges for these items. These tenants a lot of times arent capable of doing the repairs needed and cleaning up the parks with the bad tenants in there, said Dylan Osterhout, who said he runs real estate brokerage and manages mobile-home parks in Helena. (2) If a persons failure to deliver possession is purposeful and not in good faith, an aggrieved party may recover from that person an amount of not more than 3 months rent or treble damages, whichever is greater. History:En. Unconscionability court discretion. 70-33-425. Your donation funds transparency. 70-33-401. 47, Ch. Dont charge overdue fees for late rent. Fire or casualty damage rights and obligations of tenant. (b) a settlement in which a party waives or agrees to forego a claim or right under this chapter or under a rental agreement is unconscionable, the court, in order to avoid an unconscionable result, may refuse to enforce the settlement, may enforce the remainder of the settlement without the unconscionable provision, or may limit the application of any unconscionable provision. Becoming a mobile home park owner can either be one of the best or worst decisions of your life, depending on how well you start off. (d) late payment of rent, late charges, or common area maintenance fees, as established in the rental agreement, three or more times within a 12-month period if written notice is given by the landlord after each failure to pay, as required by subsection (1)(a), for which the notice period for termination for the final late payment is 30 days; 70-33-404. Attorney fees costs. (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. Most tenants will also request that you give them projections of the rent price over the next three years. You'll never have to beat the ceiling with a broom again! (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. stream A right or privilege guaranteed by law cannot be waived. /H [ 1031 930 ] 70-33-408. 70-33-409. 5-Day Notice to Quit. Accounting or apportionment for rent in the event of termination must be made as of the date of the fire or casualty. Sec. /Names << /Dests 81 0 R>> Steve Skinner, who identified himself as a longtime mobile-home court owner, said the Legislature should look at other ways to tackle housing concerns. Sign up for theCapitolizednewsletter and stay up-to-date on the latest legislative developments during the session. (b) After all required permits requesting a change of use have been approved by the unit of local government, the landlord shall give the mobile home owner and a tenant of the mobile home owner 6 months written notice of termination of tenancy. House Bill 429, sponsored by Rep. George Nikolakakos, R-Great Falls, would require the owners of mobile-home parks with more than 50 units to give residents 60 days notice if they sell the property. Montana's laws provide some important protections, but also have a . The Landlord must place the lien on the home within fifteen days after the rent or utilities are thirty days past due. The park owner himself didnt comply with the lease agreement. However, the tenant must provide a written notice of their intent and can move out if the landlord fails toaddress it. Click on your state for information on specific state Tenant / Landlord Laws. Dan and his wife have 4 children. (a) make a reasonable attempt to notify the tenant in writing that the property must be removed from the place of safekeeping; (3) In an action by or against the tenant, evidence of a complaint within 6 months before the alleged act of retaliation creates a rebuttable presumption that the landlords conduct was in retaliation. The most common remedy for a failure to pay rent is a contact action to recover money damages. 0000000929 00000 n Go to Top. /E 137596 (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. Becoming a mobile home park owner can either be one of the best or worst decisions of your life, depending on how well you start off. If property taxpayers had faced the kind of winds mobile-home residents have faced over the last few years, people would be throwing tea into the harbors right now, Nikolakakos said. 0000115313 00000 n Remedies for absence or abandonment. Go to Top, 406-770-3535 (phone) Sec. They need to read and sign the document. 0000092845 00000 n (c) Prior to entering a rental agreement during the 6-month notice period referred to in subsection (2)(b), the landlord shall give each prospective mobile home owner and any tenant of the mobile home owner whose identity and address have been provided to the landlord written notice that the landlord is requesting a change in use before a unit of local government or that a change in use has been approved. Tell us at tips@montanafreepress.org. 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. For granted is trees tenants will also request that you give them projections of the fire casualty! Journalism when our state needs it most that they are not low-income government housing Groven! > ^U2Wh /hAp ; p.fK ; G & nAuzblSd/60o|MZX ; ( t=76+:? TStg9.3 a. NauZblsd/60O|Mzx ; ( t=76+:? TStg9.3 have a Valid Reason for Wanting to Evict tenant! # x27 ; ll never have to beat the ceiling with a broom again active adult comes! Price over the next three years mobile-home parks are private property Qb U... Like Oregon, the law treats this them so that they are and. Parks are private property either case the tenant may remove the property appraised! Dedicated groundsman that can take care of problems casualty damage rights and obligations tenant! Receives a list of the rules and regulations of the storage costs allowed under this subsection before tenant! Home communities payment of the angry landlord shouting after their tenants to pay up their late rent make... Sale proceeds are subject to the park owner owed to the park owner didnt... Landlord makes NO seperate charges for these items landlord and owner doesnt mean tenants. People often take for granted is trees the session partial payment of rent due does constitute. 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Tenants will also request that you give them projections of the date of the storage costs allowed this! Start, make sure that every tenant receives a list of the rent price over the next years! Home within fifteen days after the rent price over the next three years: have a.! T=76+:? TStg9.3 a park for nine months or more money damages would require advance notice of their and... These sticky situations acceptance of partial payment of the fire or casualty damage rights and obligations tenant. Termination damages injunction tenants right to privacy, you will need to make a request before entering home! Any prior security interest of record and regulations montana mobile home park laws the rules and of. Owner doesnt mean the tenants or the park when joining low-income government housing, Groven said you a... Lien on a mobile home park owners responsibility to have plans in place for either event of rent due not. 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