Other tenants are affected by a bad tenants behavior, not just the owner. 0000136387 00000 n Steve Skinner, who identified himself as a longtime mobile-home court owner, said the Legislature should look at other ways to tackle housing concerns. (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. 39, Ch. Click on your state for information on specific state Tenant / Landlord Laws. Holdover remedies consent to continued occupancy. 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. A bill of sale, as explained earlier, is used as proof of purchase of a property, in this case, a mobile home. 32, Ch. 45, Ch. Before you consider evicting a tenant from your RV Park, you must have a good and lawful reason to do so. 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. A landlord can place a lien on a mobile home for space rent or unpaid utilities. 0000131603 00000 n REGULATIONS COVERING MOVEMENT OF OVERSIZE MOBILE HOMES, SECTIONAL HOMES, SECTIONAL BUILDINGS, PORTABLE HOMES AND BUILDINGS, PREFAB HOMES AND BUILDINGS, NOT INCLUDING PRE-CUT PANELIZED HOMES OR BUILDINGS, AND HOUSE OR BUILDING MOVING, OVER 12 FEET WIDE, INCLUDING EAVES. /Outlines 88 0 R 70-33-403. ! " The landlord may store the property in a commercial storage company, in which case the storage cost includes the actual storage charge plus the cost of removal of the property to the place of storage. 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. 267, L. 2007. 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 . endobj 456, L. 2001; amd. This is a project of Montana Free Press, a 501 (c) (3) nonprofit newsroom that aims to provide . Go to Top. This eviction notice gives the tenant 14 calendar days to fix the issue or move out. which contains specific sections devoted to Mobile Homes, including Mobile Homes and Lead (4100); Earthquake Straps on . (e) a violation of a rule that creates an immediate threat to the health and safety of any other tenant or the landlord or manager whether or not notice was given pursuant to subsection (1)(c) and the violation was remedied as provided in subsection (3), for which the notice period is 14 days; (j) any other noncompliance or violation not covered by subsections (1)(a) through (1)(i) that endangers other tenants or mobile home park personnel or the landlord or manager or causes substantial damage to the premises, for which the notice period is 14 days; In this case, the tenant doesnt have to provide notice. Think there's a potential news story to be done about a bill or lawmaker you see here? 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.. The mobile home owner must be provided with a minimum of sixty-days' written notice to sell or remove the home from the park. You also want to have a degree of approachability among your tenants so that they dont hesitate to reach out to you when they have concerns. 36, Ch. 48, Ch. 7/29/1988. (1) If the tenant destroys, defaces, damages, impairs, or removes any part of the premises in violation of 70-33-321 (3), the landlord may terminate the rental agreement upon giving 3 days' written notice specifying the noncompliance under the provisions of 70-33-321 (3). History:En. 70-33-409. Action for nonpayment of rent tenants counterclaim. The landlord is also responsible for ensuring that garbage collection takes place as usual. 0000135152 00000 n >> Noncompliance of tenant generally landlords right of termination damages injunction. History:En. 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. Latest version of the adopted rule presented in Administrative Rules of Montana (ARM): 37.111.201 DEFINITIONS (REPEALED) (See the Transfer and Repeal Table) History: 50-52-102, MCA; IMP, 50-52-102, MCA; Eff. housing. The attorney currently handling complaints under this law is, at the time of this writing, Steve Brist. 267, L. 2007. Knowing your responsibilities and expectations placed on your shoulders is the first step towardsgood residential park management. (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. (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; )]qwvA m\mT~{ Qb%U;}p`? 267, L. 2007. Sec. A landlord can evict a tenant for nonpayment of rent, criminal activity, or not abiding by the mobile park's regulations. <> 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. Dan Paton has been working full-time in this field for over a decade. <>/ExtGState<>/Font<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> 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. Box 200516 Helena, MT 59620 Phone: (406) 841-2056 Fax: (406) 841-2050 Email Us Republican lawmakers on the House Judiciary Committee greenlit bills to ban most abortions after 12 weeks of pregnancy, add reporting requirements for medication abortions and increase medical interventions when non-viable infants are born alive. (1) A provision prohibited by70-33-202that is included in a rental agreement is unenforceable. 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. Sec. 97 0 obj Waiver of landlords right to termination. (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. (1) Unless otherwise provided in this chapter, if there is a noncompliance with70-33-303affecting health and safety, the following procedures apply: If the repair is required in a case of emergency and the landlord has not made the repairs, the tenant may have repairs made only by a person qualified to make the repairs. Disposition of abandoned mobile home. Go to Top. Physical Address. (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; Just one example that people often take for granted is trees. In the first, the tenant owns the mobile home, but leases a space in a mobile home park from the park owner. Any damage that was a direct result of poor roads or road planning falls on the park owner. They could ask it for a variety of reasons, such as establishing how much rent has increased or so that they know when an irregular rise in rent takes place. They need to read and sign the document. Keep in mind that sometimes it isnt the tenants fault and merely the effects of use over time. Go to Top. (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. 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 Payments that constitute rent are amounts paid specifically as rent are allowed; and. Park regulations must state whether trees on lots should be taken care of by the tenants or the park owner. Mobile home parks, also known as manufactured home parks, are usually subjected to local and state laws. Unconscionability court discretion. 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. Sec. Marshals identified the two people arrested Wednesday afternoon following a brief standoff at a Billings West End mobile home park. Priest Attorney at Law 7420 Greenhaven Drive, Suite 125 Sacramento, CA 95831 Phone 916-429-4600 I dont think thats reasonable, Nikolakakos said. A good first step is to have watertight rules in place so that its clear when one party was out of line. Sec. xref In either case, the landlord may recover actual damages. 0000110186 00000 n 70-33-432. History:En. 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. According to NeighborWorks Montana, the state currently has 17 resident-owned cooperatives, representing 670 homes in total. 18.8.1008. This Mobile Home Lot Lease Agreement for Montana is for use by a landlord when renting a mobile home lot to a tenant. The landlord must send this notice to your "last known address." (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. Otherwise, your tenants may claim ignorance in defense. In some states, like Oregon, the law treats this . <> Grooming funds are derived from snowmobile gas tax refund and decal fees. 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. Example: A HUD home that will be located on a reservation that sells for $100,000, is subject to $450. (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. More by Eric Dietrich. (k) conviction of the mobile home owner or a tenant of the mobile home owner of a violation of a federal or state law or local ordinance, when the violation is detrimental to the health, safety, or welfare of other tenants or the landlord or manager or the landlords documentation of a violation of the provisions of Title 45, chapter 9, for which the notice period is 14 days; Administration of remedies enforcement agreement. Landlords failure to deliver premises tenants remedies. A writing or recording is not necessary to create the lien provided for in this section. 38, Ch. Accountability reporting matters. Several residents who testified Monday said lot rents in their parks have been raised by hundreds of dollars a month following sales, causing some of their neighbors to lose their homes. It's that simple.Buying an existing mobile home park is a great idea. Grounds for termination of rental agreement. This is another one thats important but may not be relevant to most owners. Sec. For specific advice or assistance, residents and park owners may contact the organizations listed here, or a private attorney. 119, Ch. %PDF-1.4 70-33-426. (2) If the tenant creates a reasonable potential that the premises may be damaged or destroyed or that neighboring tenants may be injured, as evidenced by the tenant being arrested or charged with an act that violates the provisions of70-33-321(4), the landlord may terminate the rental agreement upon giving 3 days written notice specifying the violation and noncompliance under the provisions of70-33-321(4). 267, L. 2007. It also requires owners to review counteroffers if a residents' association uses that time to organize in an effort to purchase the park. Illegal Acts - Montana landlords have broad authority to determine which types of illegal activities warrant eviction. 70-33-432. !EO:)!;z>w:q+DkTE 96K24-]J=_tSJ'R-_Oj%D@"`FHtn0Zu+2rk?4\2/ Nucd Wf(kn]PGdSQG.h2 ,w 1zz>c*ZMK/= (l) changes in the use of the land if the requirements of subsection (2) are met, for which the notice period is 180 days; 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. Unconscionability court discretion. These communities are also known as mobile home parks, trailer courts, and trailer parks (MHP). Your tax-deductible gift will go directly toward funding the tools and resources that help bring clarity to the inner workings of our state government. 0000000929 00000 n 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. 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. (1) If the tenant destroys, defaces, damages, impairs, or removes any part of the premises in violation of70-33-321(3), the landlord may terminate the rental agreement upon giving 3 days written notice specifying the noncompliance under the provisions of70-33-321(3). 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. The rental agreement terminates as provided in the notice for one or more of the following reasons and subject to the following conditions: The notice tells you that the park owner plans to get rid of your mobile home. History:En. Indian Country. LIENS. The law gives you 3 days to fix these issues after such an event, but you will have to submit written proofof the delay. 267, L. 2007. History: En. Usually, committal of a crime is the only circumstance in which you can immediately evict a tenant. /P 0 House Bill 428, sponsored by Rep. Mike Yakawich, R-Billings, would strengthen several tenant protections for mobile-home owners. 70-33-426. Unlawful or unreasonable entry by landlord tenants remedies. Extermination or prevention of vermin or dangerous pests, such as ticks and mosquitoes, is also the responsibility of the landlord. +}7>j>q8X[-.`/7pRw:rRB/c .]#vo*a[LRR`uG|Tx6R=^7EAr?b2,?kndo_ dA\aUMokQ! Two wolf-related bills will advance to the full House for a vote, while two others are likely dead in process following votes cast by the House Fish, Wildlife and Parks Committee on Feb. 28. is a friendly guide to help you handle these sticky situations. Landlords remedies after termination action for possession. /Linearized 1 0000114901 00000 n The most common remedy for a failure to pay rent is a contact action to recover money damages. Grounds for termination of rental agreement. (c) has organized or become a member of a tenants union, mobile home park resident association, or similar organization. You may deduct the cost of rent for a mobile home you own if it is your principal residence. Montana Snowmobiling Handbook (PDF) That means preventing or stopping excessive noise and disturbance. /Pages 95 0 R History:En. /Size 127 70-33-401. 44, Ch. This could be because of poor sanitary conditions, accessibility problems, safety concerns, 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. (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. 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. 70-33-425. (3) Regardless of where the landlord stores the mobile home, the landlord shall: Whatever the case may be, youll need to address the problems quickly. Its also the mobile home park owners responsibility to have a plan in place in case of an emergency. History:En. Unlawful or unreasonable entry by landlord tenants remedies. (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. Agricultural Lien, a lien against goods used or bought for farming or ranching purposes. 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. Get A Quick Cash Offer For Your Mobile Home. All tenants should receive a full copy of the rules and regulations that they can keep with them. 0000130647 00000 n Go to Top. 267, L. 2007. (i) the termination does not violate a provision of this section or any other state statute; and 70-33-409. Not only are there comprehensive acts written on this topic but almost every state has its own laws as well. Box 200517 Helena, MT 59602 Phone: (406) 841-2056 Fax: (406) 841-2050 Email Us. a]THWD27I-AoVe2ryd}X9/@ #P-!%eQ_^tiwxBAEpv? D!0 HZ9Fgqd']tKz 267, L. 2007. "Resident" means a tenant who has occupied a lot in a park for nine months or more. 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.). Sec. Please contact him at edietrich@montanafreepress.org with bug reports, questions or suggestions. There is a balance to be found in between. 70-33-433. (c) If there is no rent remaining due after application of this section, judgment must be entered for the tenant in an action for possession. Carla Hill, who said she owns a home in the Cherry Creek mobile-home park in Billings, said she paid $285 a month to rent a lot before a corporation purchased the park in 2020. 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. Necessary to create the lien provided for in this section member of a is! 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