The bill is signed by both the buyer and the seller in a compa ny of a notary witness. Great Falls, MT 59403, Copyright 2020 HH Evictions Stout WordPress theme by. 70-33-432. (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. 267, L. 2007. ! " The park owner himself didnt comply with the lease agreement. 70-33-423. Usually, rent increases by 10% on a yearly basis to account for inflation and the rising cost of living. (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. He is a jack of all trades type of guy. Unlawful or unreasonable entry by landlord tenants remedies. >> A month-to-month lease? Make sure that all the homes in the park are up to safety codes and zoned correctly for the weather and wind conditions. (4) Subsections (1) through (3) do not prevent a landlord from bringing an action for possession if: The good news is that we have compiled this article to look at the most important and universal mobile home park owners responsibilities, expectations, and problems. 70-33-427. Another source of sanitary issues could be water that has been stagnant for a long time. 31, Ch. (1) If a landlord unlawfully removes or excludes the tenant from the premises or purposefully diminishes services to the tenant by interrupting or causing the interruption of running water, electricity, gas, or other essential services, the tenant may recover possession or terminate the rental agreement and, in either case, recover an amount of not more than 3 months periodic rent or treble damages, whichever is greater. Did you witness a violation of local or state COVID regulations? Here's a list of the greatest advantages of mobile home park living: Cost. 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. The landlord's lien may not exceed $2,000 or the total amount due, whichever is less. /Names << /Dests 81 0 R>> 41, Ch. 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. 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 (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. In the first, the tenant owns the mobile home, but leases a space in a mobile home park from the park owner. (3) After complying with subsections (1) and (2), the landlord shall: Mobile home park attendants and caretakers - 16-41-27-9 Sec. 70-33-431. Sec. A list of the home owners responsibilities. (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. (1) If the tenant refuses to allow lawful access, the landlord may either obtain injunctive relief to compel access or terminate the rental agreement. As part of every tenants right to privacy, you will need to make a request before entering their home. (2) If a landlord plans to change the use of all or part of the premises from mobile home lot rentals to some other use, each affected mobile home owner must receive notice from the landlord as follows: (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. Thank you for supporting public-service journalism when our state needs it most. Is that reasonable? Sec. No name calling. (b) notify the local law enforcement office of the property held by the landlord; For many of the concerns related to the rights of tenants and the landlord, respectively, the, Mobile Home Landlord and Tenant Rights Act. 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 Sign up and take advantage of access to the largest catalogue of legal forms. 2023 Montana's independent nonprofit news source. Sec. (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. Military personnel may give less than 30 days notice if they were also unaware. 267, L. 2007. History:En. Two possible foundation types exist: (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. In general, one months worth of rent is a more than adequate security deposit. 97 30 (l) changes in the use of the land if the requirements of subsection (2) are met, for which the notice period is 180 days; History: En. (a) make a reasonable attempt to notify the tenant in writing that the property must be removed from the place of safekeeping; 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 . Go to Top. There are two common types of mobile home leases. Disposition of abandoned mobile home. RV park tenants are no exception to this rule. 406-720-7919 (fax) Disposal may include having the mobile home removed to an appropriate disposal site. %%EOF The notice tells you that the park owner plans to get rid of your mobile home. A resident is late paying rent or utility charges owed to the park. 12/31/72; AMD, 1982 MAR p. 1098, Eff. The purpose of these links are to provide manufactured home community tenants with online resources that address issues of Park / Tenant Laws. Sign up for our free summaries and get the latest delivered directly to you. (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; /E 137596 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. Go to Top. In the case of a sheriffs sale, the sheriff shall conduct the sale upon receipt of an affidavit from the landlord stating facts sufficient to warrant a sale under this section. History:En. Refusal of access landlords remedies. (5) (a) If the tenant, upon receipt of the notice provided in subsection (3), responds in writing to the landlord on or before the day specified in the notice that the tenant intends to remove the property and does not do so within 7 days after delivery of the tenants response, the tenants property is conclusively presumed to be abandoned. 70-33-423. 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. We hope that this article will help you run a smooth, neat, safe, and pleasant mobile home park. MONTANA RESIDENTIAL MOBILE HOME LOT RENTAL ACT Part 1. (1) The remedies provided by this chapter must be administered so that an aggrieved party may recover appropriate damages. 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. Disposition of abandoned mobile home. The Fair Housing Act protects homebuyers and renters from discrimination based on several factors, so it seems like it should keep developers from closing their doors to . 70-33-434. 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. 799.31. Maurice A. (2) In an action for rent when the tenant is not in possession, the tenant may counterclaim as provided in subsection (1) but may not be required to pay any rent into court. Click on your state for information on specific state Tenant / Landlord Laws. (1) If the court, as a matter of law, finds that: Landlords failure to deliver premises tenants remedies. << (a) simplify and clarify the law governing the rental of land to owners of mobile homes and manufactured homes and the rights and obligations of landlords and tenants concerning lot rentals; and (b) encourage landlords and tenants to maintain and improve the quality of housing. You have 14 days to claim the mobile home before this happens. 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. Get free summaries of new opinions delivered to your inbox! It's that simple.Buying an existing mobile home park is a great idea. 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. Go to Top. endobj (4) The landlord may dispose of the property after complying with subsection (3) by: A mobile park owner has to ensure that these utilities are running and provided at all times unless it is out of their control. 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. In the notice the landlord shall disclose and describe in detail the nature of the change of use. After satisfaction of the lien, the landlord shall remit to the mobile home owner the remaining proceeds, if any. (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. 70-33-405. 4, Ch. 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. The sale proceeds are subject to any prior security interest of record. Go to Top. Think there's a potential news story to be done about a bill or lawmaker you see here? >> Landlords failure to provide essential services tenants remedies. housing. Go to Top. 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. Unlawful or unreasonable entry by landlord tenants remedies. The MHOCCA only applies to the rental of lots in manufactured home communities. They are not low-income government housing, Groven said. TITLE 70. Update 5:40 p.m. (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. 267, L. 2007. Sec. Montana's laws provide some important protections, but also have a . 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. Whatever the case may be, youll need to address the problems quickly. which contains specific sections devoted to Mobile Homes, including Mobile Homes and Lead (4100); Earthquake Straps on . 39, Ch. This is the situation described above. More by Eric Dietrich. 470, L. 1993; amd. Go to Top. 70-33-431. 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. Sec. History:En. In this case, the tenant doesnt have to provide notice. 70-33-427. 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. 0000115313 00000 n History:En. 267, L. 2007. No shouting. LIENS. 119, Ch. According to NeighborWorks Montana, the state currently has 17 resident-owned cooperatives, representing 670 homes in total. Sec. (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. 0000091893 00000 n In some states, like Oregon, the law treats this . (2) If the rental agreement is terminated pursuant to subsection (1), the landlord shall return any prepaid rent and all security recoverable pursuant to Title 70, chapter 25. 0000137401 00000 n (a) selling the mobile home at a public or private sale; or 267, L. 2007. 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. 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. Throughout Montana, local jurisdictions have not acknowledged tiny houses despite the fact that the state critically needs affordable housing solutions. Rights and Duties of Parties; Part 4. History:En. (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. Noncompliance of tenant generally landlords right of termination damages injunction. Montana does not have laws protecting mobile home park residents from unfair rent increases. "Tenant" means the owner or operator of a recreational vehicle who has occupied a lot in a park for more than 30 consecutive . After all, you will become the landlord for a number of tenants and their families and will be responsible for them to some degree. 267, L. 2007. This is another matter that might differ state to state. (a) the violation of the applicable building or housing code was caused primarily by lack of reasonable care by the tenant, a member of the tenants family, or any other persons on the premises with the tenants consent; /L 430972 Such laws often define the rights of the mobile home park owner to evict tenants. If your park is in a zone that experiences hurricanes or tornadoes, you will need to have plans in place for either event. Stop Mobile Home Repossession 4 0 obj Unlawful or unreasonable entry by landlord tenants remedies. Please contact him at edietrich@montanafreepress.org with bug reports, questions or suggestions. Sec. Refusal of access landlords remedies. 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. You're all set! The presumption does not arise if the tenant made the complaint after notice of a proposed rent increase or diminution of services. 40, Ch. 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 attorney helping you can write a letter to the mobile home park saying that the laws haven't been followed, and ask for them to respond. . (3) If the landlord consents to the tenants continued occupancy,70-33-201(2)(e) applies. (NRS 108.270 (1).) History:En. A bill of sale. Continually being vigilant for infringements, listening to complaints, and addressing concerns can quickly become a full-time job. (2) A right or obligation declared by this chapter is enforceable by action unless the provision declaring it specifies a different and limited effect. 0000001031 00000 n Tell us at tips@montanafreepress.org. (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; 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% . The property values appraised by the department are used by counties to determine property taxes. Retaliatory conduct by landlord prohibited. You can update your address by emailing: dorgallatinoffice@mt.gov or by calling 406-582-3400. Sec. Before you consider evicting a tenant from your RV Park, you must have a good and lawful reason to do so. Go to Top. Often their concerns will help you improve the park in some way or stop further damage and chaos. MONTANA: Chapter 26: NEBRASKA: Better Get A Big Cup Of Coffee: NEVADA: 118 . Also common, though, is a situation in which the landlord owns both the mobile home and the land. (a) notify the local law enforcement office of the storage; (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 next is to have a system for collecting complaints and then providing arbitration. 5-Day Notice to Quit. 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. 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. 33, Ch. Unlawful ouster, exclusion, or diminution of services tenants remedies. 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. (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. Reporting and web design was done primarily by MTFP Deputy Editor Eric Dietrich. This site is protected by reCAPTCHA and the Google, There is a newer version of the Montana Code Annotated, CHAPTER 24 RESIDENTIAL LANDLORD AND TENANT ACT OF 1977. 0000135152 00000 n 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. It also requires owners to review counteroffers if a residents' association uses that time to organize in an effort to purchase the park. (b) a settlement in which a party waives or agrees to forego a claim or right under this chapter or under a rental agreement is unconscionable, the court, in order to avoid an unconscionable result, may refuse to enforce the settlement, may enforce the remainder of the settlement without the unconscionable provision, or may limit the application of any unconscionable provision. Sec. Waiver of landlords right to termination. Electrical, plumbing, gas, water lines, and sewage are all basic human rights. endobj (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. Differentiate between lots and other park property so that there is no gray area regarding responsibilities. You should have a written agreement which sets the terms of your lease. /Length 857 (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. Any damage that was a direct result of poor roads or road planning falls on the park owner. Sign up to get our reporting sent straight to your inbox every weekday morning. 70-33-405. 0000108882 00000 n (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. Usually, committal of a crime is the only circumstance in which you can immediately evict a tenant. (7) (a) The landlord may deduct from the proceeds of the sale the reasonable costs of notice, storage, labor, and sale and, subject to any prior security interest of record, any delinquent rent or damages owing on the premises. 267, L. 2007. Disposition of abandoned personal property. Some parks are exempt if they only had one parking space per lot at the time of opening. The landlord shall remit to the tenant the remaining proceeds, if any, together with an itemized accounting. (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. Get A Quick Cash Offer For Your Mobile Home. (2) If a tenant removes a lock or replaces or adds a lock not supplied by the landlord to the premises and fails to provide a key as required by70-33-312(5), the landlord may either obtain injunctive relief or terminate the rental agreement. Holdover remedies consent to continued occupancy. Please reload the page and try again. History:En. Summary Generally revise mobile home park laws Tracking Information Register now for our free OneVote public service or GAITS Pro trial account and you can begin tracking this and other legislation, all driven by the real-time data of the LegiScan API. Security deposits shouldnt be ridiculous. For example, in instancesof a natural disaster or because of municipal maintenance or error. 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. This table may omit bill actions recorded since this guide's last update. (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; Nikolakakos and Yakawich told members of the House Judiciary Committee that mobile-home tenants deserve additional protections because they generally own the homes they live in but not the land beneath them, meaning theyre stuck with their landlords in ways other renters are not. 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 . A mobile-home park just isnt like that.. Here is a friendly guide to help you handle these sticky situations. Notice the landlord consents to the inner workings of our state needs it most ( 4100 ) ; Straps! Public-Service journalism when our state needs it most notice tells you that the state critically needs housing. This happens and addressing concerns can quickly become a full-time job park residents from unfair rent increases, of. The total amount due, whichever is less hope that this article will help you run a smooth,,. Is in a compa ny of a proposed rent increase or diminution of services remedies! 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