[emailprotected], HH Evictions, Inc. Additionally, make sure to communicate any changes to tenants effectively. 0000134984 00000 n PROPERTY CHAPTER 33. Waiver of landlords right to termination. History: En. Go to Top. 456, L. 2001; amd. (g) two or more violations of70-33-321(1) within a 12-month period, for which the notice period for the final violation is 14 days; At the start, make sure that every tenant receives a list of the rules and regulations of the park when joining. Box 200513 Helena, MT 59620 Phone: (406) 444-6880 Email Us. (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: Accountability reporting matters. 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. His bill, he said, is modeled after a law that has been on the books for decades in New Hampshire. 267, L. 2007. But perhaps the most important reason that you will not want to build a new mobile home park is that you can't make any money with it. In Montana, if a tenant commits the same lease violation within a six-month timeframe, the landlord can serve them a 5-Day Notice to . Anton said her family can go as many as three days without water,. 70-33-409. (3) The acceptance of partial payment of rent due does not constitute a waiver of any right. Go to Top. Go to Top. Disposition of abandoned mobile home. 0000130442 00000 n The property values appraised by the department are used by counties to determine property taxes. (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. << No property taxes. 2, Ch. 70-33-428. Both bills now face initial votes in the House Judiciary Committee. (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. Not only are there comprehensive acts written on this topic but almost every state has its own laws as well. Go to Top. This table may omit bill actions recorded since this guide's last update. (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. A landlord can evict a tenant for nonpayment of rent, criminal activity, or not abiding by the mobile park's regulations. A landlord is entitled to payment of the removal and storage costs allowed under subsection (2) before the owner may remove the mobile home. 33, Ch. Help fund our coverage through the rest of the session. Box 200517 Helena, MT 59602 Phone: (406) 841-2056 Fax: (406) 841-2050 Email Us. 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. 70-33-404. % /H [ 1031 930 ] 44, Ch. (1) The remedies provided by this chapter must be administered so that an aggrieved party may recover appropriate damages. << (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). The law gives you 3 days to fix these issues after such an event, but you will have to submit written proofof the delay. (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. (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. Landlords recovery of possession limited. In the notice the landlord shall disclose and describe in detail the nature of the change of use. Maybe thats not so easy in our current rental market, but thats an option. xref Three bills introduced in the Montana Legislature this year sought to protect mobile home owners like Newman from the rising tide of housing prices, but only one is still alive -- the others stalling in committee during a session that has seen many affordable housing bills struggle to gain traction. <> Retaliatory conduct by landlord prohibited. 0000001031 00000 n Click on your state for information on specific state Tenant / Landlord Laws. (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. 7/29/1988. Maurice A. All tenants should receive a full copy of the rules and regulations that they can keep with them. (a) notify the local law enforcement office of the storage; Id. It's that simple.Buying an existing mobile home park is a great idea. 70-33-408. Is that reasonable? 70-33-431. 0000001961 00000 n 47, Ch. Landlords failure to maintain premises tenants remedies. 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. Sec. (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. (4) For purposes of calculating the total number of notices given within a 12-month period under subsection (1)(d), only one notice for each violation per month may be included in the calculation. This Mobile Home Lot Lease Agreement for Montana is for use by a landlord when renting a mobile home lot to a tenant. 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. You can explore additional available newsletters here. We are all familiar with the typical Hollywood trope of the angry landlord shouting after their tenants to pay up their late rent. Land rental fees typically include water, sewer, garbage, and recycling pickup. Landlords push back on pro-tenant, mobile-home park bills. 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. 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. Additionally, make sure to communicate any changes to tenants effectively. 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. Go to Top. (b) has complained to the landlord in writing of a violation under70-33-303; or Sec. Go to Top. Think there's a potential news story to be done about a bill or lawmaker you see here? 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. They need to read and sign the document. Personal Property Reporting. You may deduct the cost of rent for a mobile home you own if it is your principal residence. (6) A public or private sale authorized by this section must be conducted under the provisions of 30-9A-610 or the sheriffs sale provisions of Title 25, chapter 13, part 7. For specific advice or assistance, residents and park owners may contact the organizations listed here, or a private attorney. Landlords failure to maintain premises tenants remedies. 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. (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. The MHOCCA only applies to the rental of lots in manufactured home communities. The park owner himself didnt comply with the lease agreement. (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. After all, you will become the landlord for a number of tenants and their families and will be responsible for them to some degree. Go to Top. (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; These big corporations are coming in, buying up mobile home parks and making the once affordable unaffordable, Hill said. /ID [<28bf4e5e4e758a4164004e56fffa0108><28bf4e5e4e758a4164004e56fffa0108>] Just because you are the landlord and owner doesnt mean the tenants dont have a say. Remedies; The Property Assessment Division appraises and values properties and administers certain property taxes in Montana. Dont charge overdue fees for late rent. Unlawful ouster, exclusion, or diminution of services tenants remedies. Just like other types of real estate, mobile homes are subject to local real estate laws including zoning. 42, Ch. 70-33-410. 36, Ch. Whoops! Holdover remedies consent to continued occupancy. 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. (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; Its also the mobile home park owners responsibility to have a plan in place in case of an emergency. 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. Yes. Holdover remedies consent to continued occupancy. A mobile-home park just isnt like that.. Sec. The rental agreement terminates as provided in the notice subject to the following exceptions: 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. 70-33-401. endobj (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; However, all common grounds in the park should be kept as clean and sanitary as possible. /E 137596 real estate for sale 46; apartments / housing for rent 12; parking & storage 2; wanted: real estate 1 + show 8 more (b) (i) The tenant may make repairs that do not cost more than 1 months rent and deduct the cost from the rent if the tenant has given the landlord notice and the landlord has not made the repairs within a reasonable time. Go to Top. Bill calling for accountability in Montanas Native education moving through Legislature, Bill creates strict definition for sex, legally sidelining intersex and transgender people, Montana Indian Child Welfare Act passes key House vote, has been on the books for decades in New Hampshire, currently has 17 resident-owned cooperatives, exempting park owners from paying state capital gains tax, Committee votes on four wolf bills as legislative deadline nears, Broadband spending sideboards get initial House approval, 12-week abortion ban and other restrictions surge through House committee, Proudly powered by Newspack by Automattic. 0000135152 00000 n (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. /Outlines 88 0 R Its also one of the main reasons why many owners decide to hire managers or landlords so that they dont have to deal with the residents themselves. Thanks to your support, weve already covered three times as many legislative stories as in previous sessions. 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 It also covers the minimum number of mobile homes that are expected to be on a mobile home park before it can be a licensed mobile home park. After rent increases and added water, sewer and garbage fees, she said, her lot payment now averages $595 more than twice as much. LIENS. History:En. If there is noncompliance by the tenant with70-33-321affecting health and safety that can be remedied by repair, replacement of a damaged item, or cleaning and the tenant fails to comply as promptly as conditions require in case of emergency or within 14 days after written notice by the landlord specifying the breach and requesting that the tenant remedy the breach within that period of time, the landlord may enter the lot and cause the work to be done in a competent manner and submit an itemized bill for the actual and reasonable cost, the fair and reasonable cost, or the fair and reasonable value of the work as rent on the next date rent is due or, if the rental agreement has terminated, for immediate payment. In order to become law, both must pass the Montana House and Senate and then survive the governors veto pen. ! " "Resident" means a tenant who has occupied a lot in a park for nine months or more. (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. 267, L. 2007. (b) destroying or otherwise disposing of all or part of the property if the landlord reasonably believes that the value of the property is so low that the cost of storage or sale exceeds the reasonable value of the property. The mobile home owner must be provided with a minimum of sixty-days' written notice to sell or remove the home from the park. 2023 NicheInvestments LLC. Sign up to get our reporting sent straight to your inbox every weekday morning. 0000108683 00000 n (5) The maintenance of an action under subsection (4) of this section does not release the landlord from liability under70-33-404(2). They are not low-income government housing, Groven said. Sec. /L 430972 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. Sec. 70-33-430. Go to Top. Roads are the responsibility of the park. (2) If the rental agreement is terminated, the landlord shall return all security recoverable pursuant to Title 70, chapter 25, and any prepaid rent. (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. 70-33-430. 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. stream Click on your state for information on specific state Tenant / Landlord Laws. Often their concerns will help you improve the park in some way or stop further damage and chaos. Military personnel may give less than 30 days notice if they were also unaware. (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. Yes, Age-Restricted Communities Are Legal. The next is to have a system for collecting complaints and then providing arbitration. Landlords recovery of possession limited. Fire or casualty damage rights and obligations of tenant. Action for nonpayment of rent tenants counterclaim. 38, Ch. 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. Sec. /Length 857 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.). 2023 Personal Property Depreciations Schedules and Trend Tables are now available. Mobile home parks, also known as manufactured home parks, are usually subjected to local and state laws. (3) Regardless of where the landlord stores the mobile home, the landlord shall: You would be surprised how many potential hazards there are in a mobile home park. 35, Ch. 70-33-423. (c) If the tenancy is from month to month or week to week, the term of the rental agreement for the purposes of this subsection (2) is a month or a week, as appropriate. 8, Ch. Multiple park owners also scoffed at the notion that mobile-home park tenant associations can successfully keep up with maintenance and police resident behavior. Montana does not have laws protecting mobile home park residents from unfair rent increases. 45, Ch. (1) If the tenant refuses to allow lawful access, the landlord may either obtain injunctive relief to compel access or terminate the rental agreement. (i) the termination does not violate a provision of this section or any other state statute; and Waiver of landlords right to termination. History:En. Sec. 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. After satisfaction of the lien, the landlord shall remit to the mobile home owner the remaining proceeds, if any. 70-33-425. Civil Code 798.55. The park owner must mail you a "14-day notice" - sent first class mail, with proof of mailing. Going against the lease / agreement. There was an error and we couldn't process your subscription. 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. 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. (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. 29, Ch. 0000109847 00000 n General Provisions; Part 2. The sale proceeds are subject to any prior security interest of record. The purpose of these links are to provide manufactured home community tenants with online resources that address issues of Park / Tenant Laws. Depending on the type of park (co-op or PUP, for example), there should be regular meetings where tenants are allowed to voice their concerns. Just award-winning local journalism for the people, by the people. (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. 70-33-429. MONTANA RESIDENTIAL MOBILE HOME LOT RENTAL ACT Part 1. 70-33-408. A good first step is to have watertight rules in place so that its clear when one party was out of line. (h) any violation of70-33-321(3), for which the notice period is as provided in70-33-422(1); If the tenants holdover is purposeful and not in good faith, the landlord may recover an amount of not more than 3 months rent or treble damages, whichever is greater. History:En. (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. Especially when you have children in the park, which opens a whole can of worms regarding safety. Get A Quick Cash Offer For Your Mobile Home. A resident is late paying rent or utility charges owed to the park. In the first, the tenant owns the mobile home, but leases a space in a mobile home park from the park owner. 0000002246 00000 n As a general rule, mobile home owners should be aware that their home can be repossessed only in situations where they do not own the land the vehicle is currently sitting on. (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. Tenants failure to maintain lot landlords right to enter and repair. 70-33-431. 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. !EO:)!;z>w:q+DkTE 96K24-]J=_tSJ'R-_Oj%D@"`FHtn0Zu+2rk?4\2/ Nucd Wf(kn]PGdSQG.h2 ,w 1zz>c*ZMK/= Some parks have many more areas of concern than others. A bill of sale, as explained earlier, is used as proof of purchase of a property, in this case, a mobile home. Senate Bill 269 would require an owner trying to sell a mobile home park to notify its residents, as well as the Montana Board of Housing, of the sale at least 90 days in advance, and give a . Never miss Montanas biggest stories and breaking news. (d) send a notice by certified mail to the last-known address of the tenant and each known party having a lien or encumbrance of record, stating that at a specified time, not less than 15 days after mailing the notice, the property will be disposed of if not removed. 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 . 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 (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; A mobile home park landlord must "maintain fit premises" (A.R.S. Most states, including Montana, have special laws protecting residents of manufactured home communities. (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. Tenants failure to maintain lot landlords right to enter and repair. (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. In 2021, Montana passed a law that exempts mobile home park sales from capital gains taxes if the homes are sold to park residents. If you wish to suggest an update please contact us. (iii) The court may at any time release money paid into the court to any party if the parties agree or if the court finds a party is entitled to the money. For example, in instancesof a natural disaster or because of municipal maintenance or error. He is a jack of all trades type of guy. A mobile park owner has to ensure that these utilities are running and provided at all times unless it is out of their control. All lots must have at least enough space for two parked cars. 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. (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. The presumption does not arise if the tenant made the complaint after notice of a proposed rent increase or diminution of services. 70-33-410. Here is a friendly guide to help you handle these sticky situations. Purchasing a Manufactured Home When the subject of active adult communities comes up, people commonly wonder whether age-restricted communities are actually legal. Administration of remedies enforcement agreement. The Landlord must place the lien on the home within fifteen days after the rent or utilities are thirty days past due. 98 0 obj A manufactured (HUD) home purchased by a Tribal member that will be located within any Indian Country in South Dakota is subject to 11.25% of the 4% initial registration fee. 2 0 obj 119, Ch. 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. 267, L. 2007. 70-33-424. A tenant can also move out within 30 days if the home has a major defect that makes it unpleasant to live in and the park owner doesnt fix it. A good first step is to have watertight rules in place so that its clear when one party was out of line. /T 428908 housing. 9. After all, you will become the landlord for a number of tenants and their families and will be responsible for them to some degree. 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. Sign up for theCapitolizednewsletter and stay up-to-date on the latest legislative developments during the session. Well discuss this a little more in the following sections. 18.8.1007. The bill is signed by both the buyer and the seller in a compa ny of a notary witness. Prohibited provisions damages. (4) Treble damages may not be recovered for the tenants early termination of the tenancy. (4) All terms and conditions of the rental agreement remain in effect until the mobile home is removed from the premises and all required cleanup is completed. 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The subject of active adult communities comes up, people commonly wonder whether age-restricted communities are actually legal under70-33-303. With online resources that address issues of park / tenant laws home owner the remaining proceeds if. Must be administered so that an aggrieved party may recover appropriate damages any right maintenance... A private attorney for specific advice or assistance, residents and park owners contact... Legislative developments during the session ( 4 ) Treble damages may not recovered. All times unless it is your principal residence, make sure to communicate any to. Damage rights and obligations of tenant owners also scoffed at the notion that mobile-home park tenant associations can keep! We are all familiar with the Lease Agreement for Montana is for use by a landlord when renting mobile... Only are there comprehensive acts written on this topic but almost every state has its own as!

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