Attorney fees costs. /P 0 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. Disposal may include having the mobile home removed to an appropriate disposal site. (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. 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. Tenants failure to maintain lot landlords right to enter and repair. 70-33-402. Additionally, make sure to communicate any changes to tenants effectively. 2023 Montana's independent nonprofit news source. The rental agreement terminates as provided in the notice for one or more of the following reasons and subject to the following conditions: This is one area that not all landlords are as comfortable with as others, yet it is a very necessary part of park ownership. Some parks are exempt if they only had one parking space per lot at the time of opening. Sec. If you are renting a lot in an MHP that leases two or more lots, you are covered by the MHOCCA. (3) If the landlord consents to the tenants continued occupancy,70-33-201(2)(e) applies. 0000113737 00000 n Just because you are the landlord and owner doesnt mean the tenants dont have a say. Example: A HUD home that will be located on a reservation that sells for $100,000, is subject to $450. The good news is that we have compiled this article to look at the most important and universal mobile home park owners responsibilities, expectations, and problems. A landlord can place a lien on a mobile home for space rent or unpaid utilities. Great Falls, MT 59403, Copyright 2020 HH Evictions Stout WordPress theme by. Whether you are a new mobile home park owner or you are thinking of becoming one, you might be concerned about what your duties and responsibilities are. 267, L. 2007. Another source of sanitary issues could be water that has been stagnant for a long time. (ii) A party to whom a net amount is owed must be paid first from the money paid into court, and the balance must be paid by the other party. x\YoH~7o+-6lM0|V6([XTd*AoU5IQ2JDa!^E:FA^Y6LbOzE67qpt(O"qsewgg"?t@))_lw?tw'22pLR'FvwwM\g@ }Qd/v@pa0QA$L oN';;I~97#U)_$2AzIJ}k4%?v"SQC\VtR9sK:npb1P*l]A }|\V)Gp1>Dx3qn 267, L. 2007. These laws cover the rights of both the mobile home park owners and their tenants. 43, Ch. However, they are not permitted to perform a retaliatory eviction. Waiver of landlords right to termination. 70-33-405. 47, Ch. We hope that this article will help you run a smooth, neat, safe, and pleasant mobile home park. (3) After complying with subsections (1) and (2), the landlord shall: 51, Ch. . /Info 96 0 R Id. (1) If the court, as a matter of law, finds that: 0000130442 00000 n All lots must have at least enough space for two parked cars. They are not low-income government housing, Groven said. 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. How do you get rid of them? said Montana Landlords Association president John Sinrud. an act generally revising laws related to mobile home parks; revising the allowed capital gains tax exemptions for the sale of a mobile home park; requiring the notification of mobile home park owners; establishing a special revenue account; providing a statutory appropriation; and amending sections 15-31-163 and 17-7-502, mca. >> 267, L. 2007. Sec. Before you consider evicting a tenant from your RV Park, you must have a good and lawful reason to do so. In Montana, for all other lease violations, the landlord can serve them a 14-Day Notice to Cure or Vacate. 0 0000125292 00000 n Not only is this the law but its also just good manners and common decency. 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.). Bills would require advance notice of sales to help community ownership bids, extend eviction timelines. 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. 70-33-401. Often their concerns will help you improve the park in some way or stop further damage and chaos. 40, Ch. Dont charge overdue fees for late rent. The bill is signed by both the buyer and the seller in a compa ny of a notary witness. Help fund our coverage through the rest of the session. You have 14 days to claim the mobile home before this happens. 38, Ch. Prohibited provisions damages. You already receive all suggested Justia Opinion Summary Newsletters. Yes, Age-Restricted Communities Are Legal. (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. Both him and his partner, Dan Leighton, formed EZ Homes back in 2006 and have seen explosive growth ever since. 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. (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. stream That means preventing or stopping excessive noise and disturbance. 70-33-410. Sec. 31, Ch. Sec. 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. If you wish to suggest an update please contact us. This could be because of poor sanitary conditions, accessibility problems, safety concerns, etc. Owners will want to know what falls to them so that they are prepared and can keep up on their homes curb appeal. For many of the concerns related to the rights of tenants and the landlord, respectively, the, Mobile Home Landlord and Tenant Rights Act. 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. 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. Landlords failure to provide essential services tenants remedies. If you wish to suggest an update please contact us. 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 . 0000113944 00000 n What happens when youve got drug dealers or any other bad actors in a mobile-home park? 70-33-404. 32, Ch. This is atricky subject that often calls for very careful handling. 70-33-423. (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. It also requires owners to review counteroffers if a residents association uses that time to organize in an effort to purchase the park. 70-33-428. 29, Ch. A good first step is to have watertight rules in place so that its clear when one party was out of line. 70-33-428. Sec. (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. 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. Montana may have more current or accurate information. Not only are there comprehensive acts written on this topic but almost every state has its own laws as well. (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. Opponents also argued longer lease terms would make it harder for them to pass property tax increases onto residents. (b) demand performance of the rental agreement by the landlord and, if the tenant elects, maintain an action for possession of the lot against the landlord or a person wrongfully in possession and recover the actual damages sustained by the tenant. In 2021, Montana passed a law that exempts mobile home park sales from capital gains taxes if the homes are sold to park residents. (3) Regardless of where the landlord stores the mobile home, the landlord shall: 70-33-405. A resident is late paying rent or utility charges owed to the park. 70-33-431. This can happen because of natural causes, a direct result of tenant actions or just by pure accident. STEP TWO: Have a Valid Reason for Wanting to Evict a Tenant from Your RV Park. 267, L. 2007. /E 137596 Extermination or prevention of vermin or dangerous pests, such as ticks and mosquitoes, is also the responsibility of the landlord. If the owner cannot after due diligence be found, the remaining proceeds must be deposited in the general fund of the county in which the sale occurred and, if not claimed within 3 years, are forfeited to the county. 2 - They vary from location to location Some locations are more thorough than others in dictating the requirements placed on mobile home park landlords. Sec. Rights and Duties of Parties; Part 4. (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. Go to Top. More by Eric Dietrich. 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. Tell us at firstname.lastname@example.org. (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: Reporting and web design was done primarily by MTFP Deputy Editor Eric Dietrich. A good first step is to have watertight rules in place so that its clear when one party was out of line. 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. (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. Action for nonpayment of rent tenants counterclaim. 70-33-424. 70-33-432. 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. 70-33-408. 98 0 obj 4/28/95 . /Size 127 0000001031 00000 n Sec. A list of the home owners responsibilities. Professional Licensing Bureau P.O. 0000001961 00000 n Action for nonpayment of rent tenants counterclaim. /H [ 1031 930 ] refresh results with search filters open search menu. Landlords recovery of possession limited. This is the situation described above. (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. Landlords failure to maintain premises tenants remedies. U"lH&W (?@@`e aYU8|T.Q >^U2Wh /hAp;p.fK;G&nAuzblSd/60o|MZX;(t=76+:?TStg9.3. All tenants should receive a full copy of the rules and regulations that they can keep with them. /S 549 (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. Go to Top. Get free summaries of new opinions delivered to your inbox! (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. 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. Both bills now face initial votes in the House Judiciary Committee. 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. (c) make a reasonable effort to determine if the property is secured or otherwise encumbered; and Any damage that was a direct result of poor roads or road planning falls on the park owner. 70-33-405. There was an error and we couldn't process your subscription. Tenants will also expect information regarding how and when their security deposits will be returned to them when they move out of the home. 0000091691 00000 n 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; However, all common grounds in the park should be kept as clean and sanitary as possible. Attorney fees costs. 8, Ch. Sec. 33, Ch. Military personnel may give less than 30 days notice if they were also unaware. The attorney currently handling complaints under this law is, at the time of this writing, Steve Brist. Maybe thats not so easy in our current rental market, but thats an option. And thats just life, he said. History:En. (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. 42, Ch. initial registration fee - $100,000 x 4% x 11.25%.) The law gives you 3 days to fix these issues after such an event, but you will have to submit written proofof the delay. Expert reporting and insight from the Montana Capitol, emailed Tuesdays and Fridays. History:En. 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. Marshals identified the two people arrested Wednesday afternoon following a brief standoff at a Billings West End mobile home park. With six dedicated reporters on staff, weve already covered three times as many legislative stories as we did in previous sessions. (a) has complained of a violation applicable to the premises materially affecting health and safety to a governmental agency charged with responsibility for enforcement of a building or housing code; Never miss Montanas biggest stories and breaking news. Waiver of landlords right to termination. 44, Ch. Disclaimer: These codes may not be the most recent version. 267, L. 2007. 267, L. 2007. 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 . Sec. 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. 70-33-409. Right To Privacy Thank you for supporting public-service journalism when our state needs it most. 70-33-431. Grounds for termination of rental agreement. A mobile home community must be in the personal charge of an adult attendant or caretaker designated by the owner or operator of the mobile home community at the times when mobile homes and manufactured homes in the mobile home community are occupied by tenants. If they do own the land, a foreclosure process will be initiated rather than a repossession. 70-33-407. News apps are nice, but how many stories might you be missing? 126 0 obj 34, 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. The next is to have a system for collecting complaints and then providing arbitration. These communities are also known as mobile home parks, trailer courts, and trailer parks (MHP). REP. 7/29/1988. You'll never have to beat the ceiling with a broom again! /Length 857 Montana's laws provide some important protections, but also have a . Maurice A. Some parks are exempt if they only had one parking space per lot at the time of opening. Thanks to your support, weve already covered three times as many legislative stories as in previous sessions. (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. Click on your state for information on specific state Tenant / Landlord Laws. 41, Ch. (5) The maintenance of an action under subsection (4) of this section does not release the landlord from liability under70-33-404(2). (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. Retaliatory conduct by landlord prohibited. Especially when you have children in the park, which opens a whole can of worms regarding safety. Mobile home parks, also known as manufactured home parks, are usually subjected to local and state laws. Unlawful ouster, exclusion, or diminution of services tenants remedies. 70-33-403. 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. (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. Sign up for theCapitolizednewsletter and stay up-to-date on the latest legislative developments during the session. 0000126248 00000 n 70-33-423. History:En. This handbook explains the Minnesota laws concerning manufactured home park residents and park owners. 70-33-434. <> About the 2023 Montana Free Press Capitol Tracker. housing. However, it isimportant to run a safe, peaceful, and profitable mobile home park. Remedies for absence or abandonment. See the. Sec. Your donation funds transparency. 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% . Unlawful ouster, exclusion, or diminution of services tenants remedies. Hoven said he had proposed additional legislation. 35, Ch. Sign up and take advantage of access to the largest catalogue of legal forms. /Root 98 0 R Box 200516 Helena, MT 59620 Phone: (406) 841-2056 Fax: (406) 841-2050 Email Us amounts paid for utilities, furnishings, and parking if the landlord makes NO seperate charges for these items. Please check official sources. Please contact him at email@example.com with bug reports, questions or suggestions. 2023 Personal Property Depreciations Schedules and Trend Tables are now available. 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. <>/ExtGState<>/Font<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> Remedies for absence or abandonment. Administration of remedies enforcement agreement. Landlords failure to provide essential services tenants remedies. Civil Code 798.55. His bill, he said, is modeled after a law that has been on the books for decades in New Hampshire. 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. Sec. 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. 70-33-401. 119, Ch. is a friendly guide to help you handle these sticky situations. There are two common types of mobile home leases. You also need to know how and when to take action in cases of missed payments. Think there's a potential news story to be done about a bill or lawmaker you see here? 70-33-427. The aggrieved party has a duty to mitigate damages. If not properly looked after and maintained, branches can drop on houses, cars, people or on the road. 0000091893 00000 n Go to Top. Here is a friendly guide to help you handle these sticky situations. Go to Top 70-33-103. If the park itself is somehow unliveable. A right or privilege guaranteed by law cannot be waived. 3, Ch. Otherwise, your tenants may claim ignorance in defense. << 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. 0000131931 00000 n Sec. If the noncompliance results in a case of emergency and the landlord fails to remedy the situation within 3 working days after written notice by the tenant of the situation and the tenants intention to terminate the rental agreement, the tenant may terminate the rental agreement. Florida is the home of one of the first parks in the country, Parsley Trailer Park. Most First Right of Refusal clauses will also stipulate that anyone you do sell to . Just one example that people often take for granted is trees. 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. Trail maps are available from your local club, Forest Service offices, or the Montana Snowmobile Association. RV park tenants are no exception to this rule. Mobile home park attendants and caretakers - 16-41-27-9 Sec. 267, L. 2007. The landlord must send this notice to your "last known address." House Bill 428, sponsored by Rep. Mike Yakawich, R-Billings, would strengthen several tenant protections for mobile-home owners. This might be the first thing that comes to mind when thinking of becoming a landlord. /Prev 428896 "Recreational vehicle park" or "park" has the same meaning as defined in Section 18862.39 of the Health and Safety Code. 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. (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. 70-33-426. Remedies for absence or abandonment. 70-33-430. History:En. (b) notify the local law enforcement office of the property held by the landlord; 70-33-403. % 70-33-433. 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. No property taxes. A mobile home park landlord must "maintain fit premises" (A.R.S. (b) recover damages based upon the diminution in the fair rental value of the lot; or Landlords failure to provide essential services tenants remedies. (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. Get your insiders look into what's happening in and around the Capitol. (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). 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. endobj Refusal of access landlords remedies. Accountability reporting matters. History:En. Go to Top, 406-770-3535 (phone) 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. This is a project of Montana Free Press, a 501 (c) (3) nonprofit newsroom that aims to provide . (1) If the landlord fails to deliver possession of the lot to the tenant as provided in70-33-302, rent abates until possession is delivered and the tenant may: 70-33-424. Box 200513 Helena, MT 59620 Phone: (406) 444-6880 Email Us. This might include the pool, bbq, communal kitchen, roads, etc. 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. Sign up for our free daily newsletter to get unbiased, independent Montana news sent directly to you. 267, L. 2007. Please remember that mobile-home parks are private property. 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. Accidents happen and more often than not, this isnt allowed by law anyway. (a) selling all or part of the property at a public or private sale; or If you are someone that dreads reading long documents full of rules, sub-clauses, and a seemingly endless number of caveats, we have some bad news for you. 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. Anton said her family can go as many as three days without water,. (1) If the tenant refuses to allow lawful access, the landlord may either obtain injunctive relief to compel access or terminate the rental agreement. Sec. (4) A claim or right arising under this chapter or on a rental agreement, if disputed in good faith, may be settled by agreement. , cars, people or on the latest legislative developments during the session is! Home before this happens ) after complying with subsections ( 1 ) (. From the Montana Capitol, emailed Tuesdays and Fridays to Cure or Vacate actors in mobile-home... Clear when one party was out of line that comes to mind when thinking of becoming a landlord place... 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