Unlawful ouster, exclusion, or diminution of services tenants remedies. (3) After complying with subsections (1) and (2), the landlord shall: 70-33-401. Sec. History:En. Make sure that all the homes in the park are up to safety codes and zoned correctly for the weather and wind conditions. 70-33-404. Whoops! Land rental fees typically include water, sewer, garbage, and recycling pickup. 70-33-403. Many different areas constitute a mobile home park. If the park itself is somehow unliveable. 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. Administration of remedies enforcement agreement. (a) terminate the rental agreement upon at least 5 days written notice to the landlord and, upon termination, the landlord shall return all prepaid rent and security; or /T 428908 A landlord can place a lien on a mobile home for space rent or unpaid utilities. Differentiate between lots and other park property so that there is no gray area regarding responsibilities. 5-Day Notice to Quit. TITLE 70. ! " 267, L. 2007. The mobile home owner must be provided with a minimum of sixty-days' written notice to sell or remove the home from the park. 799.32. 0000092845 00000 n (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; How do you get rid of them? said Montana Landlords Association president John Sinrud. 70-33-404. Roads are the responsibility of the park. (2) A tenant proceeding under this section may not proceed under70-33-405for a landlords failure to provide essential services. 70-33-410. Here's a list of the greatest advantages of mobile home park living: Cost. Make sure tenants are aware of garbage collection schedules. History:En. In most cases, the park then has 7-10 days to accept or decline the offer. stream In Montana, for all other lease violations, the landlord can serve them a 14-Day Notice to Cure or Vacate. Retaliatory conduct by landlord prohibited. History:En. 70-33-427. Landlords failure to maintain premises tenants remedies. Every park can choose if the park itself or the owner is responsible for things such as the maintenance of the outside of the home and lawn care. You're all set! Just because you are the landlord and owner doesnt mean the tenants dont have a say. I dont think thats reasonable, Nikolakakos said. As part of every tenants right to privacy, you will need to make a request before entering their home. 70-33-431. Grooming funds are derived from snowmobile gas tax refund and decal fees. (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. This might be the first thing that comes to mind when thinking of becoming a landlord. Park regulations must state whether trees on lots should be taken care of by the tenants or the park owner. 0000108683 00000 n Go to Top. If the change of use does not require local government permits, the landlord shall give the written notice at least 6 months prior to the change of use. 70-33-405. Never miss Montanas biggest stories and breaking news. Landlords failure to provide essential services tenants remedies. Anton said her family can go as many as three days without water,. 0000001961 00000 n 0000126592 00000 n # $ % &. /Length 857 Box 200513 Helena, MT 59620 Phone: (406) 444-6880 Email Us. LIENS. (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. Cal. Go to Top. We hope that this article will help you run a smooth, neat, safe, and pleasant mobile home park. Go to Top. A tenant can also move out in 30 days regardless of their lease agreement if they have to move for a new job or their career. All tenants should receive a full copy of the rules and regulations that they can keep with them. 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. Sec. 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. Remember that manufactured homes are supposed to be affordable housing and most tenants will be conscientious of their finances. (ii) A party to whom a net amount is owed must be paid first from the money paid into court, and the balance must be paid by the other party. Go to Top. These big corporations are coming in, buying up mobile home parks and making the once affordable unaffordable, Hill said. (i) the termination does not violate a provision of this section or any other state statute; and 33, Ch. 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. 0000002246 00000 n He is a jack of all trades type of guy. 2023 Personal Property Depreciations Schedules and Trend Tables are now available. 267, L. 2007. His bill, he said, is modeled after a law that has been on the books for decades in New Hampshire. (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. /ID [<28bf4e5e4e758a4164004e56fffa0108><28bf4e5e4e758a4164004e56fffa0108>] 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. Dont charge overdue fees for late rent. U"lH&W (?@@`e aYU8|T.Q >^U2Wh /hAp;p.fK;G&nAuzblSd/60o|MZX;(t=76+:?TStg9.3. Thank you for supporting public-service journalism when our state needs it most. Sec. which contains specific sections devoted to Mobile Homes, including Mobile Homes and Lead (4100); Earthquake Straps on . (c) has organized or become a member of a tenants union, mobile home park resident association, or similar organization. 70-33-422. 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. (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. (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. 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. Go to Top. 70-33-433. 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.. Going against the lease / agreement. (ii) If the landlord fails to comply with the rental agreement or70-33-303and the reasonable cost of compliance is less than 1 months rent, the tenant may recover damages for the breach under subsection (2). After rent increases and added water, sewer and garbage fees, she said, her lot payment now averages $595 more than twice as much. (4) If the rental agreement is terminated, the landlord shall return all security recoverable by the tenant pursuant to Title 70, chapter 25. Whatever the case may be, youll need to address the problems quickly. Unconscionability court discretion. 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. Usually, rent increases by 10% on a yearly basis to account for inflation and the rising cost of living. (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; The landlord shall remit to the tenant the remaining proceeds, if any, together with an itemized accounting. (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. 18.8.1008. (b) has complained to the landlord in writing of a violation under70-33-303; or (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; They are not low-income government housing, Groven said. (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. (NRS 108.270 (1).) Sec. In order to become law, both must pass the Montana House and Senate and then survive the governors veto pen. 45, Ch. We received 3 reports with mobile home park lot rent running around $400 ($390, $400, and $440). 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. (2) Unless otherwise provided in this chapter, the tenant may recover actual damages and obtain injunctive relief for any noncompliance by the landlord with the rental agreement or70-33-303. a]THWD27I-AoVe2ryd}X9/@ #P-!%eQ_^tiwxBAEpv? D!0 HZ9Fgqd']tKz Refusal of access landlords remedies. Noncompliance of tenant generally landlords right of termination damages injunction. (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. 0000108882 00000 n /H [ 1031 930 ] (5) The landlord may dispose of the mobile home after complying with subsection (3) by: The landlord must send this notice to your "last known address." Homeowners and emergency vehicles must have access to their homes and the rest of the park respectively. 267, L. 2007. 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 . 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. 97 0 obj Thanks to your support, weve already covered three times as many legislative stories as in previous sessions. PROPERTY CHAPTER 33. REP. 7/29/1988. Well discuss this a little more in the following sections. << 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. Did you witness a violation of local or state COVID regulations? 70-33-433. About the 2023 Montana Free Press Capitol Tracker. 0000131603 00000 n 98 0 obj 4 0 obj Mobile home parks, also known as manufactured home parks, are usually subjected to local and state laws. 70-33-406. 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. Fire or casualty damage rights and obligations of tenant. It also requires owners to review counteroffers if a residents association uses that time to organize in an effort to purchase the park. (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. endobj 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. A mobile-home park just isnt like that.. 44, Ch. In 2021, Montana passed a law that exempts mobile home park sales from capital gains taxes if the homes are sold to park residents. 30, Ch. No overly close neighbors. /Prev 428896 70-33-407. Sec. (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. The most common remedy for a failure to pay rent is a contact action to recover money damages. Please reload the page and try again. (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. If you wish to suggest an update please contact us. The City Attorney's Office phone number is 608-266-4511. Personal Property Reporting. 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% . With six dedicated reporters on staff, weve already covered three times as many legislative stories as we did in previous sessions. !EO:)!;z>w:q+DkTE 96K24-]J=_tSJ'R-_Oj%D@"`FHtn0Zu+2rk?4\2/ Nucd Wf(kn]PGdSQG.h2 ,w 1zz>c*ZMK/= A mobile home park landlord must "maintain fit premises" (A.R.S. 70-33-404. Go to Top. 70-33-406. Mobile Home Landlord and Tenant Laws By State The purpose of these links are to provide manufactured home community tenants with online resources that address issues of Park / Tenant Laws. Go to Top. initial registration fee - $100,000 x 4% x 11.25%.) The landlord is also responsible for ensuring that garbage collection takes place as usual. 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 If not properly looked after and maintained, branches can drop on houses, cars, people or on the road. /S 549 70-33-430. Some parks have many more areas of concern than others. 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. It also requires owners to review counteroffers if a residents' association uses that time to organize in an effort to purchase the park. MONTANA: Chapter 26: NEBRASKA: Better Get A Big Cup Of Coffee: NEVADA: 118 . (b) the tenant is in default in rent; or Click on your state for information on specific state Tenant / Landlord Laws. The landlord's lien may not exceed $2,000 or the total amount due, whichever is less. Every tenant has the right to enjoy peace and quiet on their own lot or site. 2 0 obj However, they are not permitted to perform a retaliatory eviction. This one is as much for your own protection as for the information and good of your tenants. Attorney fees costs. The park owner must mail you a "14-day notice" - sent first class mail, with proof of mailing. A bill of sale, as explained earlier, is used as proof of purchase of a property, in this case, a mobile home. trailer 70-33-425. (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. Action for nonpayment of rent tenants counterclaim. There is a balance to be found in between. 0000115313 00000 n The next is to have a system for collecting complaints and then providing arbitration. History:En. 301 South Park Ave. Helena, MT 59620 Building and Commercial Measurements Bureau P.O. You'll never have to beat the ceiling with a broom again! A month-to-month lease? This Mobile Home Lot Lease Agreement for Montana is for use by a landlord when renting a mobile home lot to a tenant. 70-33-402. 70-33-428. MobileHome.net has 90 Mobile Homes for Sale in Montana, including manufactured homes, modular homes and foreclosures. (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. 51, Ch. Two possible foundation types exist: 0 Another source of sanitary issues could be water that has been stagnant for a long time. Both bills now face initial votes in the House Judiciary Committee. /N 6 (5)Manufactured or mobile homes will be valued and classified as real property when the home meets all of the following guidelines: (a)the running gear is removed; and (b)the manufactured or mobile home is attached to a permanent foundation, which cannot feasibly be relocated. It offered some amazing things like ballroom dancing, full community parties, boat docks, indoor pools, and gorgeous views. Montana's independent nonprofit news source. Landlords recovery of possession limited. Maurice A. Sign up and take advantage of access to the largest catalogue of legal forms. 70-33-425. 2, Ch. (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. No shouting. Such laws often define the rights of the mobile home park owner to evict tenants. 50, Ch. /Size 127 (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. (b) a violation of a rule other than provided for in subsection (1)(a) that does not create an immediate threat to the health and safety of any other tenant or the landlord or manager, for which the notice period is 14 days; Illegal Acts - Montana landlords have broad authority to determine which types of illegal activities warrant eviction. Nikolakakos said cooperative land ownership, which is often aided by housing nonprofits such as NeighborWorks Montana, can provide an alternative that keeps mobile-home ownership affordable in the long run. 70-33-434. Sec. Except as provided in subsection (4) of this section, if the tenants noncompliance is purposeful, the landlord may recover treble damages. 18.8.1007. (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. )]qwvA m\mT~{ Qb%U;}p`? Its also the mobile home park owners responsibility to have a plan in place in case of an emergency. This doesnt necessarily mean that you need to be friends with every single one of your tenants or that your relationship has to be strictly business. endobj (3) The rights of a tenant under this section do not arise until the tenant has given notice to the landlord and the landlord has had a reasonable opportunity to correct the conditions. Disposition of abandoned personal property. 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. Purchasing a Manufactured Home 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. (1) The remedies provided by this chapter must be administered so that an aggrieved party may recover appropriate damages. A writing or recording is not necessary to create the lien provided for in this section. Mobile home park attendants and caretakers - 16-41-27-9 Sec. 126 0 obj (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; 2 - They vary from location to location Some locations are more thorough than others in dictating the requirements placed on mobile home park landlords. Tenants failure to maintain lot landlords right to enter and repair. Not only is this the law but its also just good manners and common decency. Indian Country. Get free summaries of new opinions delivered to your inbox! Tenants will also expect information regarding how and when their security deposits will be returned to them when they move out of the home. In these cases, its handy if you have a dedicated groundsman that can take care of problems. Remedies; MONTANA RESIDENTIAL MOBILE HOME LOT RENTAL ACT Part 1. 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. When the subject of active adult communities comes up, people commonly wonder whether age-restricted communities are actually legal. Sign up for theCapitolizednewsletter and stay up-to-date on the latest legislative developments during the session. 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. 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. 46, Ch. %%EOF Montana may have more current or accurate information. 70-33-405. 35, Ch. (a) selling all or part of the property at a public or private sale; or Holdover remedies consent to continued occupancy. Noncompliance of tenant generally landlords right of termination damages injunction. Tenants failure to maintain lot landlords right to enter and repair. In this case, the tenant doesnt have to provide notice. The information presented here is collected from a variety of sources including the Montana Legislatures public roster and its official bill-tracking system, the Legislative Automated Workflow System, or LAWS. Landlords remedies after termination action for possession. This eviction notice gives the tenant 14 calendar days to fix the issue or move out. (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. 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. 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. 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. The tenant generally owns the mobile home itself but ground and utility hook-ups on which the home stands are the property of the lot or mobile home park owner. (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. 70-33-434. Go to Top. History:En. (b) notify the local law enforcement office of the property held by the landlord; (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. Security deposits shouldnt be ridiculous. This is a project of Montana Free Press, a 501 (c) (3) nonprofit newsroom that aims to provide . Accountability reporting matters. (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. (1) Unless otherwise provided in this chapter, if there is a noncompliance with70-33-303affecting health and safety, the following procedures apply: (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; Landlords remedies after termination action for possession. (1) If the rental agreement is terminated, the landlord has a claim for possession and for rent and a separate claim for actual damages for any breach of the rental agreement. Fees typically include water, responsible for ensuring that garbage collection schedules regarding responsibilities landlords failure to maintain lot right. Affordable unaffordable, Hill said can keep with them 0000001961 00000 n # %! 26: NEBRASKA: Better Get a big Cup of Coffee: NEVADA: 118 in these cases its! Pools, and recycling pickup to become law, both must pass the Montana House and Senate and providing! 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