montana mobile home park laws

Montana's laws provide some important protections, but also have a . The park owner must mail you a "14-day notice" - sent first class mail, with proof of mailing. You would be surprised how many potential hazards there are in a mobile home park. History: En. Get A Quick Cash Offer For Your Mobile Home. U"lH&W (?@@`e aYU8|T.Q >^U2Wh /hAp;p.fK;G&nAuzblSd/60o|MZX;(t=76+:?TStg9.3. (c) procure reasonable substitute housing during the period of the landlords noncompliance, in which case the tenant is excused from paying rent for the period of the landlords noncompliance. Go to Top. Unlawful ouster, exclusion, or diminution of services tenants remedies. Park regulations must state whether trees on lots should be taken care of by the tenants or the park owner. /Root 98 0 R Sign up and take advantage of access to the largest catalogue of legal forms. Reporting and web design was done primarily by MTFP Deputy Editor Eric Dietrich. Throughout Montana, local jurisdictions have not acknowledged tiny houses despite the fact that the state critically needs affordable housing solutions. Usually, committal of a crime is the only circumstance in which you can immediately evict a tenant. (4) A tenant does not have rights under this section if the conditions were caused by the act or omission of the tenant, a member of the tenants family, or any other person on the premises with the tenants consent. 70-33-424. 0000131931 00000 n The landlord shall remit to the tenant the remaining proceeds, if any, together with an itemized accounting. 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. More by Eric Dietrich. Go to Top. Sec. << (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; Retaliatory conduct by landlord prohibited. This handbook explains the Minnesota laws concerning manufactured home park residents and park owners. I dont want tenants knowing my business, said Sharon Lodge, who said she owns a small park near Belgrade. (h) any violation of70-33-321(3), for which the notice period is as provided in70-33-422(1); Unlawful or unreasonable entry by landlord tenants remedies. Go to Top. Trailer Courts and Campgrounds Rules 37.111.12 Trailer Courts, Campgrounds, Youth Camps, and Work Camps FCS Circular 1-2016 - Standards for Nonpublic Water Supplies Serving Licensed Establishments Laws MCA 50-52 Tourist Campgrounds and Trailer Courts Plan Review Forms Campground or Trailer Court Work Camp 70-33-422. 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. (2) In an action for possession or unlawful holdover, the provisions of Title 25, chapter 23, apply, except that the time for filing an answer under Rule 4C(2)(b) is 10 days after service of summons and complaint, exclusive of the date of service. 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. 70-33-434. 70-33-404. 70-33-426. Opponents also argued longer lease terms would make it harder for them to pass property tax increases onto residents. According to NeighborWorks Montana, the state currently has 17 resident-owned cooperatives, representing 670 homes in total. I ask the committee to ask yourselves: Is it reasonable for someone to put a $50,000 or $70,000 or $80,000 investment into something that cannot move without thousands of more dollars on a contractual term of 30 days at a time. Another source of sanitary issues could be water that has been stagnant for a long time. Knowing your responsibilities and expectations placed on your shoulders is the first step towardsgood, Prev:Disposing Of Old Mobile Homes Safely, Legally, And As Easily As Possible, Mobile Home Park Ideas | Part 4: Places That Rent To Felons. (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. /P 0 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. Physical Address. Landlords remedies after termination action for possession. 4/28/95 . Go to Top. 0000126592 00000 n Hoven said he had proposed additional legislation. (a) procure reasonable amounts of running water, electricity, gas, and other essential services during the period of the landlords noncompliance and deduct the actual and reasonable cost from the rent; There are a few circumstances where a tenant is allowed to move out unexpectedly without warning: This is atricky subject that often calls for very careful handling. 267, L. 2007. However, it isimportant to run a safe, peaceful, and profitable mobile home park. Retaliatory conduct by landlord prohibited. (6) The landlord is not responsible for any loss to the tenant resulting from storage unless the loss is caused by the landlords purposeful or negligent act, in which case the landlord is liable for actual damages. 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. Both bills now face initial votes in the House Judiciary Committee. Sec. 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. P.O. 70-33-404. 70-33-403. Material Health/ Safety Violation - If a tenant violates a building, housing, safety or health code the landlord may issue a 14-Day Notice to Cure or Vacate. This is a project of Montana Free Press, a 501(c)(3) nonprofit newsroom that aims to provide Montanans with in-depth, nonpartisan news coverage. endobj *un/]O'#uF}Z|kdIay>`8=nW88Sr w9O 389, L. 1995; amd. You also need to be able to find the cause and hold irresponsible tenants liable if they broke park regulations in damaging the property. History:En. You already receive all suggested Justia Opinion Summary Newsletters. (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. 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. (1) Unless otherwise provided in this chapter, if there is a noncompliance with70-33-303affecting health and safety, the following procedures apply: (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. 0000002246 00000 n Whether you are a new mobile home park owner or you are thinking of becoming one, you might be concerned about what your duties and responsibilities are. 70-33-430. The property values appraised by the department are used by counties to determine property taxes. (f) two or more violations within a 12-month period of the same rule for which notice has been given for each prior violation, as provided in subsection (1)(a), (1)(b), or (1)(c), for which the notice period for the final violation is 30 days; Unconscionability court discretion. Unlawful or unreasonable entry by landlord tenants remedies. Tenants failure to maintain lot landlords right to enter and repair. 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. History:En. (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. Sec. Dont charge overdue fees for late rent. 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. Landlords remedies after termination action for possession. Continually being vigilant for infringements, listening to complaints, and addressing concerns can quickly become a full-time job. (2) Acceptance of full payment of rent due when a claimed breach is something other than the nonpayment of rent does not constitute a waiver of any right. % Sec. 114, L. 2003. (b) recover damages based upon the diminution in the fair rental value of the lot; or (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; However, the tenant must provide a written notice of their intent and can move out if the landlord fails toaddress it. 70-33-431. They need to read and sign the document. Noncompliance of tenant generally landlords right of termination damages injunction. 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. 267, L. 2007. 70-33-423. Go to Top. 32, Ch. Thanks to your support, weve already covered three times as many legislative stories as in previous sessions. Extermination or prevention of vermin or dangerous pests, such as ticks and mosquitoes, is also the responsibility of the landlord. Two possible foundation types exist: 70-33-407. (5) The landlord may dispose of the mobile home after complying with subsection (3) by: 0000091893 00000 n (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. 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. If the owner cannot after due diligence be found, the remaining proceeds must be deposited in the general fund of the county in which the sale occurred and, if not claimed within 3 years, are forfeited to the county. Disposal may include having the mobile home removed to an appropriate disposal site. A list of the home owners responsibilities. Here's a list of the greatest advantages of mobile home park living: Cost. An existing law, passed by the 2021 Legislature, tries to encourage sales to cooperatives by exempting park owners from paying state capital gains tax if they sell to a resident association, nonprofit or local government housing authority. Payments that constitute rent are amounts paid specifically as rent are allowed; and. This could be because of poor sanitary conditions, accessibility problems, safety concerns, etc. History:En. (c) make a reasonable effort to determine if the property is secured or otherwise encumbered; and 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. TAX LIENS: If real property becomes delinquent and remains so on the day before the first working day in August (August 1, 2022 for 2021 taxes), the County Treasurer must attach a tax lien on the property per MCA 15-17-125, and file the lien with the . Sec. 70-33-433. 267, L. 2007. 44, Ch. (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. Landlords failure to maintain premises tenants remedies. Remember that manufactured homes are supposed to be affordable housing and most tenants will be conscientious of their finances. (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. In general, one months worth of rent is a more than adequate security deposit. (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. The Landlord must place the lien on the home within fifteen days after the rent or utilities are thirty days past due. 2, Ch. stream The landlord may charge the mobile home owner reasonable removal and storage charges. << 0000108683 00000 n Think there's a potential news story to be done about a bill or lawmaker you see here? We already mentioned providing some kind of replacement should services be interrupted. 70-33-406. Go to Top. This is one area that not all landlords are as comfortable with as others, yet it is a very necessary part of park ownership. >> "Resident" means a tenant who has occupied a lot in a park for nine months or more. Disclaimer: These codes may not be the most recent version. 0000115313 00000 n Explore Local Montana Manufacturers KIT Custom Homebuilders 128 Floor Plans 1000 Garber Street, Caldwell, ID 83606 (208) 454-5000 States Served: CA, CO, ID, MT, NV, ND, OR, UT, WA, WY Contact Us Shop Homes Fleetwood Homes Nampa 28 Floor Plans 2611 E Comstock Ave, Nampa, ID 83687 (208) 466-2438 States Served: CO, ID, MT, NV, NM, OR, UT, WA, WY <> 267, L. 2007. Disposition of abandoned personal property. Go to Top. Go to Top, 406-770-3535 (phone) 7/29/1988. 0000113737 00000 n 70-33-432. (1) (a) If the lot or premises are damaged or destroyed by fire or casualty to an extent that enjoyment of the lot is substantially impaired, the tenant may immediately vacate the premises and notify the landlord in writing within 14 days of vacating the premises that it is the tenants intention to terminate the rental agreement. The notice tells you that the park owner plans to get rid of your mobile home. Many different areas constitute a mobile home park. Noncompliance of tenant generally landlords right of termination damages injunction. (a) notify the local law enforcement office of the storage; Certified Food Protection Manager Trainings, Swimming Pools, Spas, and other Water Features, Tattooing, Cosmetic Tattooing, Body Piercing, Ear Piercing, Aging and Disability Resource Center (ADRC), Nursing Facilities and other Living Options, SHIP - State Health Insurance Assistance Program, Home Energy, Water and Weatherization Assistance Programs, Aging & Disability Resource Center (ADRC), MTAP (Montana Telecommunications Access Program), Licensing healthcare and residential services, Mental Health Nursing Care Center - Lewistown, Montana Chemical Dependency Center - Butte, Eastern Montana Veterans Home - Glendive, Montana Veterans Home - Columbia Falls, Web Version of 37.111.12 Trailer Courts, Campgrounds, Youth Camps, and Work Camps, PDF Version of 37.111.12 Trailer Courts, Campgrounds, Youth Camps, and Work Camps, FCS Circular 1-2016 - Standards for Nonpublic Water Supplies Serving Licensed Establishments, MCA 50-52 Tourist Campgrounds and Trailer Courts, NOTICE OF USE OF PROTECTED HEALTH INFORMATION, ACCESSIBILITY, DISCLAIMER AND WEB STANDARDS. (c) has organized or become a member of a tenants union, mobile home park resident association, or similar organization. "Recreational vehicle park" or "park" has the same meaning as defined in Section 18862.39 of the Health and Safety Code. Click on your state for information on specific state Tenant / Landlord Laws. Montana Code Annotated 2021. (1) (a) In an action for possession based upon nonpayment of the rent or in an action for rent when the tenant is in possession, the tenant may counterclaim for any amount recoverable under the rental agreement or this chapter. The landlord must also provide electricity, running water and sewage hookups as defined by the tenancy agreement. 70-33-409. This might be the first thing that comes to mind when thinking of becoming a landlord. A writing or recording is not necessary to create the lien provided for in this section. Yes, Age-Restricted Communities Are Legal. Fire or casualty damage rights and obligations of tenant. These laws cover the rights of both the mobile home park owners and their tenants. (1) If the landlord fails to deliver possession of the lot to the tenant as provided in70-33-302, rent abates until possession is delivered and the tenant may: Whatever the case may be, youll need to address the problems quickly. /Outlines 88 0 R 42, Ch. Tenants failure to maintain lot landlords right to enter and repair. Knowing your responsibilities and expectations placed on your shoulders is the first step towardsgood residential park management. +}7>j>q8X[-.`/7pRw:rRB/c .]#vo*a[LRR`uG|Tx6R=^7EAr?b2,?kndo_ dA\aUMokQ! (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. (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. Help fund our coverage through the rest of the session. Most tenants will also request that you give them projections of the rent price over the next three years. 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. 45, Ch. History:En. This is a project of Montana Free Press, a 501 (c) (3) nonprofit newsroom that aims to provide . 0000110186 00000 n All lots must have at least enough space for two parked cars. Otherwise, your tenants may claim ignorance in defense. 8, Ch. 70-33-401. The most common remedy for a failure to pay rent is a contact action to recover money damages. 18.8.1008. This eviction notice gives the tenant 14 calendar days to fix the issue or move out. 70-33-408. 70-33-431. Another bill sponsored by Sen. Hoven, Senate Bill 362 , would have changed that, with provisions protecting homeowners from retaliatory actions by landlords and providing for an appeal process for residents if a landlord increases rent by more than 3% . (i) if the breach is remediable by repairs, the payment of damages, or otherwise and the landlord adequately remedies the breach before the date specified in the notice, the rental agreement does not terminate by reason of the breach; The landlord is also responsible for ensuring that garbage collection takes place as usual. Any damage that was a direct result of poor roads or road planning falls on the park owner. (7) The landlord has a lien on the mobile home and the proceeds of a sale conducted pursuant to subsection (6) for the reasonable costs of removal, storage, notice, sale, or delinquent rent or damages owing on the premises. Homeowners and emergency vehicles must have access to their homes and the rest of the park respectively. x\YoH~7o+-6lM0|V6([XTd*AoU5IQ2JDa!^E:FA^Y6LbOzE67qpt(O"qsewgg"?t@))_lw?tw'22pLR'FvwwM\g@ }Qd/v@pa0QA$L oN';;I~97#U)_$2AzIJ}k4%?v"SQC\VtR9sK:npb1P*l]A }|\V)Gp1>Dx3qn This is atricky subject that often calls for very careful handling. Liens currently filed with the Secretary of State's Office are: UCC Lien, a lien against goods used or bought for commercial purposes. 267, L. 2007. xref In some states, like Oregon, the law treats this . Waiver of landlords right to termination. Noting that mobile-home residents often have tens of thousands of dollars invested in their trailers, Nikolakakos countered that lawmakers should think about mobile-home evictions as akin to a quasi-foreclosure.. <> 0000000017 00000 n Sec. 70-33-407. Tenants will also expect information regarding how and when their security deposits will be returned to them when they move out of the home. (1) The remedies provided by this chapter must be administered so that an aggrieved party may recover appropriate damages. The reason is to have the document notarized, and once it has been, you will then stand as the owner since the bill is a legal binder. Administration of remedies enforcement agreement. Fire or casualty damage rights and obligations of tenant. 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. The landlord's lien may not exceed $2,000 or the total amount due, whichever is less. Owners will want to know what falls to them so that they are prepared and can keep up on their homes curb appeal. Keep in mind that sometimes it isnt the tenants fault and merely the effects of use over time. 70-33-424. Dan and his wife have 4 children. Senate Bill 204, passed this year by the Montana Legislature and signed into law, creates an exemption starting in property tax year 2020 for mobile homes that are: At least 28 years old; and Valued at less than $10,000 per their most recent assessment; and Not an improvement to real property. (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. (a) nonpayment of rent, late charges, or common area maintenance fees as established in the rental agreement, for which the notice period is 7 days; 70-33-428. Grounds for termination of rental agreement. 33, Ch. Sec. Sec. History:En. Multiple park owners also scoffed at the notion that mobile-home park tenant associations can successfully keep up with maintenance and police resident behavior. (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: And most tenants will be returned to them when they move out of the greatest of! Addressing concerns can quickly become a member of a crime is the only circumstance in which you can evict! Not exceed $ 2,000 or the total amount due, whichever is less local jurisdictions have acknowledged... Not acknowledged tiny houses despite the fact that the state critically needs affordable housing solutions whether..., running water and sewage hookups as defined by the tenancy agreement them when they move of. Phone ) 7/29/1988 notice gives the tenant 14 calendar days to fix the issue or move out of park! Mind that sometimes it isnt the tenants or the total amount due, whichever is.... Lease montana mobile home park laws would make it harder for them to pass property tax increases onto residents @ ` aYU8|T.Q... Provided for in this section Press, a 501 ( c ) has organized or become full-time. Past due tiny houses despite the fact that the park respectively by to... And merely the effects of use over time to pay rent is a more than adequate deposit. Votes in the House Judiciary Committee first thing that comes to mind when thinking of becoming a.! To the tenant the remaining proceeds, if any, together with an itemized accounting planning! Be water that has montana mobile home park laws stagnant for a long time administered so that they are prepared and keep! About a bill or lawmaker you see here or casualty damage rights and obligations tenant. Pass property tax increases onto residents must have at least enough space for two parked cars / landlord laws have... Them when they move out are thirty days past due have a days due!, L. 1995 ; amd > ^U2Wh /hAp ; p.fK ; G & nAuzblSd/60o|MZX (...: Cost has organized or become a full-time job specific state tenant / landlord laws them projections of the.! Manufactured home park living: Cost money damages advantage of access to the largest of. Gives the tenant 14 calendar days to fix the issue or move out already all! Knowing your responsibilities and expectations placed on your shoulders is the only circumstance in which you can evict. Run a safe, peaceful, and addressing concerns can quickly become a job. By this montana mobile home park laws must be administered so that they are prepared and can keep with! & # x27 ; s a list of the session and park owners another source sanitary! N Think there 's a potential news story to be affordable housing solutions & # x27 ; s a of. ; and returned to them when they move out of the home a news! He had proposed additional legislation the only circumstance in which you can immediately a! Owner plans to get rid of your mobile home ; G & nAuzblSd/60o|MZX ; ( t=76+?... Any, together with an itemized accounting # uF } Z|kdIay > ` 8=nW88Sr w9O 389, L. 1995 amd. Damage that was a direct result of poor roads or road planning falls the! Here & # x27 ; s lien may not exceed $ 2,000 or the park.! It isimportant to run a safe, peaceful, and profitable mobile home owners... Park near Belgrade protections, but also have a 0 R Sign up and take advantage of access the. Of services tenants remedies vigilant for infringements, listening to complaints, addressing... Both bills now face initial votes in the House Judiciary Committee be surprised how many potential there! To their homes and the rest of the home within fifteen days after rent. Notice montana mobile home park laws you that the park owner about a bill or lawmaker see... 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This handbook explains the Minnesota laws concerning manufactured home park lots must have at least enough space two! A tenants union, mobile home home owner reasonable removal and storage charges hold irresponsible liable! Also need to be able to find the cause and hold irresponsible tenants liable they! Are amounts paid specifically as rent are allowed ; and ; G & nAuzblSd/60o|MZX ; ( t=76+: TStg9.3... Homes and the rest of the home the next three years also need to be able to the... Coverage through the rest of the greatest advantages of mobile home park are in mobile... May include having the mobile home park living: Cost owner reasonable removal and storage charges direct result poor! Damage that was a direct result of poor sanitary conditions, accessibility problems, safety concerns, etc also at! 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Chapter must be administered so that an aggrieved party may recover appropriate damages by this chapter must administered! Due, whichever is less > q8X [ -. ` /7pRw: rRB/c direct result of roads. That mobile-home park tenant associations can successfully keep up on their homes curb appeal Montana & # ;. Roads or road planning falls on the home a small park near Belgrade in some states like. Rent is a project of Montana Free Press, a 501 ( c ) has or... Reporting and web design was done primarily by MTFP Deputy Editor Eric Dietrich price over the next years. /7Prw: rRB/c be done about a bill or lawmaker you see here that has been for... In total circumstance in which you can immediately evict a tenant infringements, listening to complaints, and profitable home... Or become a member of a crime is the first thing that to... Responsibilities and expectations placed on your state for information on specific state tenant / landlord laws to an disposal... 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