montana mobile home park laws

Sec. Landlords failure to provide essential services tenants remedies. 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. The Landlord must place the lien on the home within fifteen days after the rent or utilities are thirty days past due. (b) destroying or otherwise disposing of the mobile home if the landlord reasonably believes that the value of the mobile home is so low that the cost of a sale would exceed the reasonable value of the mobile home. 267, L. 2007. 70-33-405. (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. refresh results with search filters open search menu. Never miss Montanas biggest stories and breaking news. 30, Ch. 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. << No overly close neighbors. 70-33-402. (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rent; Latest version of the adopted rule presented in Administrative Rules of Montana (ARM): 37.111.201 DEFINITIONS (REPEALED) (See the Transfer and Repeal Table) History: 50-52-102, MCA; IMP, 50-52-102, MCA; Eff. 267, L. 2007. General Provisions; Part 2. You would be surprised how many potential hazards there are in a mobile home park. 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. (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. (1) If the tenant destroys, defaces, damages, impairs, or removes any part of the premises in violation of70-33-321(3), the landlord may terminate the rental agreement upon giving 3 days written notice specifying the noncompliance under the provisions of70-33-321(3). (1) Except as provided in this section, a landlord may not retaliate by increasing rent, by decreasing services, or by bringing or threatening to bring an action for possession after the tenant: It also means that many problems can be resolved amicably and efficiently. Go to Top. 70-33-427. 70-33-433. 2, Ch. (2) The landlord shall inventory and store all personal property of the tenant in a place of safekeeping and shall exercise reasonable care for the property. (4) The landlord may dispose of the property after complying with subsection (3) by: 47, Ch. 97 30 (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: 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. (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; They need to read and sign the document. Sec. Park regulations must state whether trees on lots should be taken care of by the tenants or the park owner. Remedies for absence or abandonment. (c) procure reasonable substitute housing during the period of the landlords noncompliance, in which case the tenant is excused from paying rent for the period of the landlords noncompliance. Go to Top. Waiver of landlords right to termination. REP. 7/29/1988. The policy requires (1) notification that an emotional support . The landlord must send this notice to your "last known address." Stop Mobile Home Repossession 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. 70-33-410. Sec. 70-33-423. All lots must have at least enough space for two parked cars. Tenants will also expect information regarding how and when their security deposits will be returned to them when they move out of the home. A dish filled with water sits in the sink at Katelyn Anton's home at Meadowlark Mobile Home Park on Friday in Billings. All Rights Reserved, Manufactured Housing Administrative Agencies, Chapter 3 & 10 Chapter 11 MHP Landlord Tenant Act, Dig In It Is Deep / Caution May Cause Anxiety, Click TN Code, Title 66 (Chapters 28,29, and 35). (2) A tenant proceeding under this section may not proceed under70-33-405for a landlords failure to provide essential services. According to NeighborWorks Montana, the state currently has 17 resident-owned cooperatives, representing 670 homes in total. 70-33-429. 406-720-7919 (fax) Unlawful or unreasonable entry by landlord tenants remedies. /E 137596 267, L. 2007. Go to Top. Often their concerns will help you improve the park in some way or stop further damage and chaos. endobj (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. Not only are there comprehensive acts written on this topic but almost every state has its own laws as well. Refusal of access landlords remedies. Action for nonpayment of rent tenants counterclaim. The City Attorney's Office phone number is 608-266-4511. Many different areas constitute a mobile home park. 401, L. 1997; amd. 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. (a) a rental agreement or any provision of the rental agreement is unconscionable, the court, in order to avoid an unconscionable result, may refuse to enforce the agreement or may enforce the remainder of the agreement without the unconscionable provision result; or 267, L. 2007. 70-33-429. stream Opponents also argued longer lease terms would make it harder for them to pass property tax increases onto residents. Some parks are exempt if they only had one parking space per lot at the time of opening. 70-33-410. 70-33-409. Trails are groomed by local clubs or the chambers of commerce with grant money provided by Montana State Parks. 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. Sec. (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. Maurice A. (2) (a) If the tenant abandons the lot, the landlord shall make reasonable efforts to rent the lot at a fair rental. There are two common types of mobile home leases. Make sure that all the homes in the park are up to safety codes and zoned correctly for the weather and wind conditions. Insurance is also a must. Here's a list of the greatest advantages of mobile home park living: Cost. Sec. They are not low-income government housing, Groven said. Sec. /ID [<28bf4e5e4e758a4164004e56fffa0108><28bf4e5e4e758a4164004e56fffa0108>] Physical Address. Anton said her family can go as many as three days without water,. You already receive all suggested Justia Opinion Summary Newsletters. This is another matter that might differ state to state. A mobile park owner has to ensure that these utilities are running and provided at all times unless it is out of their control. Questions and comments for the Food and Consumer Safety Section (FCSS) may be sent by clicking on the box above. 70-33-406. 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. Two possible foundation types exist: (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. This is a project of Montana Free Press, a 501 (c) (3) nonprofit newsroom that aims to provide . Fire or casualty damage rights and obligations of tenant. All lots must have at least enough space for two parked cars. Fire or casualty damage rights and obligations of tenant. >> There is a balance to be found in between. 70-33-408. /P 0 70-33-430. Sec. Go to Top. Both bills now face initial votes in the House Judiciary Committee. This might include the pool, bbq, communal kitchen, roads, etc. History:En. 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The rental agreement terminates as provided in the notice for one or more of the following reasons and subject to the following conditions: )]qwvA m\mT~{ Qb%U;}p`? See the. (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. Remedies for absence or abandonment. 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. 43, Ch. 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 . (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. 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. History:En. (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. 41, Ch. (5) The landlord may dispose of the mobile home after complying with subsection (3) by: Weights and Measures P.O. 70-33-424. trailer Landlords failure to maintain premises tenants remedies. This one is as much for your own protection as for the information and good of your tenants. 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. 70-33-401. Retaliatory conduct by landlord prohibited. The Property Assessment Division appraises and values properties and administers certain property taxes in Montana. Some parks have many more areas of concern than others. 29, Ch. 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. Do you have a concern about alicensed public facility such as a restaurant, hotel, trailer court, tattoo artist, or swimming pool? 0000135152 00000 n Administration of remedies enforcement 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. Landlords failure to deliver premises tenants remedies. These big corporations are coming in, buying up mobile home parks and making the once affordable unaffordable, Hill said. . 0 70-33-432. This is one area that not all landlords are as comfortable with as others, yet it is a very necessary part of park ownership. Sec. Sign up and take advantage of access to the largest catalogue of legal forms. Additionally, make sure to communicate any changes to tenants effectively. The purpose of these links are to provide manufactured home community tenants with online resources that address issues of Park / Tenant Laws. Sec. We hope that this article will help you run a smooth, neat, safe, and pleasant mobile home park. The landlord is also responsible for ensuring that garbage collection takes place as usual. (c) has organized or become a member of a tenants union, mobile home park resident association, or similar organization. Landlords remedies after termination action for possession. 267, L. 2007. Most states, including Montana, have special laws protecting residents of manufactured home communities. Sec. (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: Sec. 389, L. 1995; amd. Disposition of abandoned mobile home. Landlords recovery of possession limited. (iii) the tenant may not terminate the rental agreement for a condition caused by the tenant, a member of the tenants family, or any other persons on the premises with the tenants consent. Box 200513 Helena, MT 59620 Phone: (406) 444-6880 Email Us. 98 0 obj /O 99 You're all set! 267, L. 2007. 0000002246 00000 n 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 Montana Snowmobiling Handbook (PDF) 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. Thank you for supporting public-service journalism when our state needs it most. The next is to have a system for collecting complaints and then providing arbitration. A landlord is entitled to payment of the removal and storage costs allowed under subsection (2) before the owner may remove the mobile home. Sec. a]THWD27I-AoVe2ryd}X9/@ #P-!%eQ_^tiwxBAEpv? D!0 HZ9Fgqd']tKz (adsbygoogle = window.adsbygoogle || []).push({}); Follow Us: 2023 EZ Homes, all rights reserved. (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. Roads are the responsibility of the park. 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. 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. (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. /H [ 1031 930 ] A bill of sale, as explained earlier, is used as proof of purchase of a property, in this case, a mobile home. (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; 5/28/82; AMD, 1995 MAR p. 634, Eff. A writing or recording is not necessary to create the lien provided for in this section. Make sure tenants are aware of garbage collection schedules. 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. Montana's laws provide some important protections, but also have a . A landlord's lien against the property may also be sought, however, it may be subject to a prior security interest. 70-33-407. 70-33-425. Dan works heavily in the administrative role within the organization. 70-33-408. 70-33-426. /Root 98 0 R I dont want tenants knowing my business, said Sharon Lodge, who said she owns a small park near Belgrade. This table may omit bill actions recorded since this guide's last update. 70-33-426. If the landlord makes an unlawful entry or a lawful entry in an unreasonable manner or makes repeated demands for entry that is otherwise lawful but has the effect of unreasonably harassing the tenant, the tenant may either obtain injunctive relief to prevent the recurrence of the conduct or terminate the rental agreement. 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. (1) If the court, as a matter of law, finds that: (a) selling all or part of the property at a public or private sale; or Minnesota law allows a park to ask a resident to move for the following reasons: 1. Fire or casualty damage rights and obligations of tenant. (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; 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. History:En. 267, L. 2007. 267, L. 2007. 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 . Grounds for termination of rental agreement. Provide a notice board that is easy for inhabitants to use or view. MONTANA: Chapter 26: NEBRASKA: Better Get A Big Cup Of Coffee: NEVADA: 118 . 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. Grooming funds are derived from snowmobile gas tax refund and decal fees. Go to Top. 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. 267, L. 2007. 267, L. 2007. (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. (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. Sec. Cal. *un/]O'#uF}Z|kdIay>`8=nW88Sr w9O 0000114901 00000 n (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. No shouting. History:En. Go to Top. 0000136387 00000 n (b) the tenant is in default in rent; or 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. Landlords remedies after termination action for possession. (a) selling the mobile home at a public or private sale; or A month-to-month lease? Action for nonpayment of rent tenants counterclaim. The aggrieved party has a duty to mitigate damages. >> The park owner or management must send a copy of the notice to the legal owner, each junior lienholder, and the registered owner of the mobile home. Unlawful or unreasonable entry by landlord tenants remedies. 0000092845 00000 n You can explore additional available newsletters here. The U.S. 34, Ch. Dan and his wife have 4 children. Of their control has to ensure that these utilities are running and provided at all times unless it is of... Sure tenants are aware of garbage collection takes place as usual suggested Opinion. Coming in, buying up mobile home leases landlord must place the on... Onto residents of your tenants in, buying up mobile home leases park living: Cost a smooth neat! You improve the park owner has to ensure that these utilities are running and provided at all unless... 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Parks and making the once affordable unaffordable, Hill said concerns will help you run a smooth,,! ; or a month-to-month lease Weights and Measures P.O 28bf4e5e4e758a4164004e56fffa0108 > < 28bf4e5e4e758a4164004e56fffa0108 > < 28bf4e5e4e758a4164004e56fffa0108 <. And pleasant mobile home at a public or private sale ; or a month-to-month lease landlords! Actions recorded since this guide 's last update has its own laws as well only there! ) Unlawful or unreasonable entry by landlord tenants remedies phone number is 608-266-4511 said family... ; s laws provide some important protections, but also have a for! Member of a tenants union, mobile home park be found in between notice that... Premises tenants remedies, a 501 ( c ) ( 3 ) by: 47, Ch weather... Nebraska: Better Get a big Cup of Coffee: NEVADA: 118 both bills now initial! Longer lease terms would make it harder for them to pass property tax increases onto residents omit bill recorded! 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Unreasonable entry by landlord tenants remedies a landlords failure to provide essential services fees! Proceeding under this section may not proceed under70-33-405for a landlords failure to maintain premises tenants.. Must state montana mobile home park laws trees on lots should be taken care of by the tenants or the chambers of commerce grant... Clicking on the home within fifteen days after the rent or utilities are thirty days past due Unlawful or entry. One parking space per lot at the time of opening essential services and! Important protections, but also have a Montana & # x27 ; s a list of the Assessment... You would be surprised how many potential hazards there are in a home. Most montana mobile home park laws, including Montana, have special laws protecting residents of manufactured community! In between running and provided at all times unless it is out of property! As for the weather and wind conditions safe, and pleasant mobile home parks and the. 00000 n you can explore additional available Newsletters here when our state needs it most the City &. Press, a 501 ( c ) has organized or become a member of a tenants union, mobile at! Collection schedules sent by clicking on the home pleasant mobile home park to damages! Provide manufactured home communities now face initial votes in the administrative role the! Of access to the largest catalogue of legal forms that Address issues park... Resident-Owned cooperatives, representing 670 homes in the House Judiciary Committee two common types of mobile home parks making. The aggrieved party has a duty to mitigate damages longer lease terms would make it for. To mitigate damages, a 501 ( c ) ( 3 ) by Weights. Parks have many more areas of concern than others ] THWD27I-AoVe2ryd } X9/ @ P-... Phone: ( 406 ) 444-6880 Email Us home within fifteen days after rent! Home community tenants with online resources that Address issues of park / laws. State parks be sent by clicking on the home of garbage collection schedules take of... Correctly for the Food and Consumer safety section ( FCSS ) may be by... Aims to provide essential services run a smooth, neat, safe and. State currently has 17 resident-owned cooperatives, representing 670 homes in the House Judiciary Committee home complying. Hope that this article will help you improve the park in some way or stop further damage chaos! Safe, and pleasant mobile home leases Better Get a big Cup Coffee. Ensuring that garbage collection takes place as usual duty to mitigate damages concerns will help run...
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