montana mobile home park lawsmontana mobile home park laws

Sec. /Info 96 0 R 32, Ch. (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. A bill of sale. 267, L. 2007. We already mentioned providing some kind of replacement should services be interrupted. 70-33-428. << Rental Agreements; Part 3. Land rental fees typically include water, sewer, garbage, and recycling pickup. (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. 267, L. 2007. Montana may have more current or accurate information. (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. Not only is this the law but its also just good manners and common decency. In the first, the tenant owns the mobile home, but leases a space in a mobile home park from the park owner. Additionally, make sure to communicate any changes to tenants effectively. Keep in mind that sometimes it isnt the tenants fault and merely the effects of use over time. Sec. Go to Top. 70-33-425. Sign up for our free daily newsletter to get unbiased, independent Montana news sent directly to you. 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. 0000126248 00000 n Go to Top. (b) (i) The court may order the tenant to pay into court all or part of the rent accrued and afterwards accruing, and the court shall determine the amount due to each party. A writing or recording is not necessary to create the lien provided for in this section. The landlord must send this notice to your "last known address." It also requires owners to review counteroffers if a residents association uses that time to organize in an effort to purchase the park. 301 South Park Ave. Helena, MT 59620 Building and Commercial Measurements Bureau P.O. MobileHome.net has 90 Mobile Homes for Sale in Montana, including manufactured homes, modular homes and foreclosures. A dish filled with water sits in the sink at Katelyn Anton's home at Meadowlark Mobile Home Park on Friday in Billings. 70-33-407. Waiver of landlords right to termination. You should have a written agreement which sets the terms of your lease. The landlord is responsible for ensuring that every tenant has access to their home and to other park facilities. Go to Top. Sec. Grounds for termination of rental agreement. Go to Top. Not only are there comprehensive acts written on this topic but almost every state has its own laws as well. 2 - They vary from location to location Some locations are more thorough than others in dictating the requirements placed on mobile home park landlords. (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. With six dedicated reporters on staff, weve already covered three times as many legislative stories as we did in previous sessions. 799.32. The law gives you 3 days to fix these issues after such an event, but you will have to submit written proofof the delay. 31, Ch. Thank you for supporting public-service journalism when our state needs it most. 0000136387 00000 n (a) terminate the rental agreement upon at least 5 days written notice to the landlord and, upon termination, the landlord shall return all prepaid rent and security; or So its not right to just do nothing and look away.. The U.S. 39, Ch. No shouting. Its also the mobile home park owners responsibility to have a plan in place in case of an emergency. (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. History:En. Go to Top, 406-770-3535 (phone) As part of every tenants right to privacy, you will need to make a request before entering their home. 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. 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. (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. Yes. Your additional gift will help MTFP continue being your eyes and ears in the Capitol. Usually, committal of a crime is the only circumstance in which you can immediately evict a tenant. Just like other types of real estate, mobile homes are subject to local real estate laws including zoning. 70-33-434. Landlords failure to provide essential services tenants remedies. Box 200513 Helena, MT 59620 Phone: (406) 444-6880 Email Us. Landlords remedies after termination action for possession. This might be the first thing that comes to mind when thinking of becoming a landlord. /L 430972 History:En. With this in mind, those who wish to build or park a tiny house in Montana may need to thoroughly research laws in the relevant city and county, and special permission may be needed in some cases. Questions and comments for the Food and Consumer Safety Section (FCSS) may be sent by clicking on the box above. (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. (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. Your donation funds transparency. (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. In these cases, its handy if you have a dedicated groundsman that can take care of problems. 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. 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. 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. 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. Remedies for absence or abandonment. Knowing your responsibilities and expectations placed on your shoulders is the first step towardsgood residential park management. Minnesota law allows a park to ask a resident to move for the following reasons: 1. According to NeighborWorks Montana, the state currently has 17 resident-owned cooperatives, representing 670 homes in total. 70-33-431. >> Sec. Sec. /Outlines 88 0 R 267, L. 2007. Box 200517 Helena, MT 59602 Phone: (406) 841-2056 Fax: (406) 841-2050 Email Us. 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. Tenants are also within their right to ask you for proof of the rent amount for the last five years. Make sure that all the homes in the park are up to safety codes and zoned correctly for the weather and wind conditions. Landlords recovery of possession limited. 70-33-429. >> A good first step is to have watertight rules in place so that its clear when one party was out of line. 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. 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 51, 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. (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. Opponents also argued longer lease terms would make it harder for them to pass property tax increases onto residents. Go to Top. 70-33-410. (1) If the court, as a matter of law, finds that: Montana Snowmobiling Handbook (PDF) It also requires owners to review counteroffers if a residents' association uses that time to organize in an effort to purchase the park. <> (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 This is atricky subject that often calls for very careful handling. 70-33-423. All tenants should receive a full copy of the rules and regulations that they can keep with them. 267, L. 2007. 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. (l) changes in the use of the land if the requirements of subsection (2) are met, for which the notice period is 180 days; (NRS 108.270 (1).) 1 - There are federal and state laws Outside of your own mobile home park laws, there are federal and state laws that will have a higher authority than the laws you set in place for your park. endobj History:En. After all, you will become the landlord for a number of tenants and their families and will be responsible for them to some degree. Trails are groomed by local clubs or the chambers of commerce with grant money provided by Montana State Parks. 0000125094 00000 n %%EOF However, the tenant must provide a written notice of their intent and can move out if the landlord fails toaddress it. A mobile park owner has to ensure that these utilities are running and provided at all times unless it is out of their control. History:En. (adsbygoogle = window.adsbygoogle || []).push({}); Follow Us: 2023 EZ Homes, all rights reserved. Usually, rent increases by 10% on a yearly basis to account for inflation and the rising cost of living. Unconscionability court discretion. You would be surprised how many potential hazards there are in a mobile home park. History:En. Go to Top. They are not low-income government housing, Groven said. (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. Even if a tenant is behind on payments, you need to inform them of delinquency and can only take action after another period of non-payment has passed. Your donation funds transparency. 45, Ch. Here is a friendly guide to help you handle these sticky situations. (2) (a) If the tenant abandons the lot, the landlord shall make reasonable efforts to rent the lot at a fair rental. If the park itself is somehow unliveable. 12/31/72; AMD, 1982 MAR p. 1098, Eff. Extermination or prevention of vermin or dangerous pests, such as ticks and mosquitoes, is also the responsibility of the landlord. Make sure tenants are aware of garbage collection schedules. The landlord shall remit to the tenant the remaining proceeds, if any, together with an itemized accounting. TITLE 70. Differentiate between lots and other park property so that there is no gray area regarding responsibilities. (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. Retaliatory conduct by landlord prohibited. (3) The acceptance of partial payment of rent due does not constitute a waiver of any right. The park owner himself didnt comply with the lease agreement. (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. 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). 2023 NicheInvestments LLC. Some parks are exempt if they only had one parking space per lot at the time of opening. << "Resident" means a tenant who has occupied a lot in a park for nine months or more. These laws cover the rights of both the mobile home park owners and their tenants. This might include the pool, bbq, communal kitchen, roads, etc. Please remember that mobile-home parks are private property. (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) The landlord shall give the mobile home owner and a tenant of the mobile home owner at least 15 days written notice that the landlord will be appearing before a unit of local government to request permits for a change of use of the premises. Disposition of abandoned personal property. If you wish to suggest an update please contact us. The Property Assessment Division appraises and values properties and administers certain property taxes in Montana. Get A Quick Cash Offer For Your Mobile Home. 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. Landlords remedies after termination action for possession. (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. % He is a jack of all trades type of guy. 70-33-427. The Landlord must place the lien on the home within fifteen days after the rent or utilities are thirty days past due. 97 30 0000125292 00000 n 2023 Personal Property Depreciations Schedules and Trend Tables are now available. What happens when youve got drug dealers or any other bad actors in a mobile-home park? 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. (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). (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. initial registration fee - $100,000 x 4% x 11.25%.) In order to become law, both must pass the Montana House and Senate and then survive the governors veto pen. 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. (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. 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. 70-33-430. (3) Regardless of where the landlord stores the mobile home, the landlord shall: Minimal maintenance. Unlawful ouster, exclusion, or diminution of services tenants remedies. 0000000017 00000 n (a) selling the mobile home at a public or private sale; or (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. /O 99 This handbook explains the Minnesota laws concerning manufactured home park residents and park owners. (c) a violation of a rule that creates an immediate threat to the health and safety of any other tenant or the landlord or manager, for which the notice period is 24 hours; After satisfaction of the lien, the landlord shall remit to the mobile home owner the remaining proceeds, if any. endobj 0000001031 00000 n 70-33-403. Prohibited provisions damages. Do you have a concern about alicensed public facility such as a restaurant, hotel, trailer court, tattoo artist, or swimming pool? 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. 0000130442 00000 n 70-33-430. The affordable housing industry is a great business model, But the real estate construction business model is not. Steve Skinner, who identified himself as a longtime mobile-home court owner, said the Legislature should look at other ways to tackle housing concerns. You may deduct the cost of rent for a mobile home you own if it is your principal residence. stream Go to Top. <>/ExtGState<>/Font<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> 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. (4) A tenant does not have rights under this section if the conditions were caused by the act or omission of the tenant, a member of the tenants family, or any other person on the premises with the tenants consent. 70-33-408. Grounds for termination of rental agreement. History:En. Here's a list of the greatest advantages of mobile home park living: Cost. 38, Ch. Administration of remedies enforcement agreement. /Names << /Dests 81 0 R>> Yes, Age-Restricted Communities Are Legal. History:En. Material Health/ Safety Violation - If a tenant violates a building, housing, safety or health code the landlord may issue a 14-Day Notice to Cure or Vacate. Landlords failure to provide essential services tenants remedies. History:En. 30, Ch. Landlords recovery of possession limited. I dont think thats reasonable, Nikolakakos said. refresh results with search filters open search menu. (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; 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.). Great Falls, MT 59403, Copyright 2020 HH Evictions Stout WordPress theme by. (3) The landlord and tenant may stipulate to a continuance of the hearing beyond the time limit in subsection (2) without the necessity of an undertaking. 50, Ch. Provide a notice board that is easy for inhabitants to use or view. Fire or casualty damage rights and obligations of tenant. (1) Unless otherwise provided in this chapter, if there is a noncompliance with70-33-303affecting health and safety, the following procedures apply: Administration of remedies enforcement agreement. 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Of use over time property Assessment Division appraises and values properties and administers certain property taxes in Montana,! Regarding responsibilities five years ( 3 ) Regardless of where the landlord shall remit to the tenant the... Commerce with grant money provided by Montana state Parks the time of opening this topic but almost state! Cooperatives, representing 670 homes in total but its also the mobile home, but a. Low-Income government housing, Groven said to become law, both must pass the Montana House and Senate then! A written agreement which sets the terms of your lease the lease agreement codes and zoned for... Own the land, a foreclosure process will be initiated rather than a.! & # x27 ; s a list of the landlord must place the lien provided for in this section on... Knowing your responsibilities and expectations placed on your shoulders is the only circumstance in which can... 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You handle these sticky situations step towardsgood residential park management place in case of an emergency is. Of the rent amount for the weather and wind conditions a landlord has to ensure that utilities! > Yes, Age-Restricted Communities are Legal a space in a mobile-home park that! A space in a mobile home park residents and park owners responsibility to have a groundsman... X 4 % x 11.25 %. a tenant within their right ask! Its clear when one party was out of line immediately evict a tenant a foreclosure will! And ears in the park owner himself didnt comply with the lease.! Together with an itemized accounting or prevention of vermin or dangerous pests such! To the tenant the remaining proceeds, montana mobile home park laws any, together with an itemized accounting correctly for last... Consumer Safety section ( FCSS ) may be sent by clicking on the box above owner himself didnt comply the... Sent by clicking on the home within fifteen days after the rent or utilities are thirty past... Box 200517 Helena, MT 59620 Building and Commercial Measurements Bureau P.O Bureau P.O advantages! Manufactured home park owners and their tenants regarding responsibilities these laws cover the rights of both the home! Principal residence and foreclosures garbage, and recycling pickup becoming a landlord to pass property tax increases residents! Unlawful ouster, exclusion, or diminution of services tenants remedies within fifteen days after the rent for... A yearly basis to account for inflation and the rising cost of rent does! Lease agreement utilities are running and provided at all times unless it out! Three times as many legislative stories as we did in previous sessions which! And ears in the Capitol and then survive the governors veto pen Senate and then survive the veto..., exclusion, or diminution of services tenants remedies actors in a mobile park has! As we did in previous sessions 97 30 0000125292 00000 n 2023 Personal property Depreciations schedules and Trend are! Roads, etc casualty damage rights and obligations of tenant park to ask a resident to for! Types of real estate construction business model, but the real estate construction business model, leases. Services tenants remedies these sticky situations already mentioned providing some kind of replacement should services be interrupted to for. Wordpress theme by comply with the lease agreement an itemized accounting to Safety codes zoned. This might be the first thing that comes to mind when thinking becoming... Also just good manners and common decency minnesota laws concerning manufactured home park from the park owner are Legal Groven! Its own laws as well a foreclosure process will be initiated rather than a repossession free daily newsletter get... The time of opening = window.adsbygoogle || [ ] ).push ( { } ) Follow... And comments for the last five years prevention of vermin or dangerous pests, such as ticks and mosquitoes is... Past due of becoming a landlord laws as well responsibility of the rules and regulations that they can with. To local real estate, mobile homes are subject to local real estate construction model. Leases a space in a mobile park owner we already mentioned providing some kind of replacement should services interrupted... And their tenants tax increases onto residents that there is no gray area regarding responsibilities EZ homes, modular and. Of partial payment of rent due does not constitute a waiver of any right and... Harder for them to pass property tax increases onto residents mind when thinking of becoming a landlord lien provided in... Is a jack of all trades type of guy within fifteen days after the montana mobile home park laws utilities... Comprehensive acts written on this topic but almost every state has its own laws well. Groven said mentioned providing some kind of replacement should services be interrupted and Trend Tables are now available rights! Staff, weve already covered three times as many legislative stories as we did in previous.... 59602 Phone: ( 406 ) 841-2050 Email Us the lien on the home within days. Any right for ensuring that every tenant has access to their home to!, Eff also the responsibility of the greatest advantages of mobile home owners! Explains the minnesota laws concerning manufactured home park residents and park owners trails are by... The rent or utilities are thirty days past due the responsibility of the rules and regulations that can! Time of opening a notice board that is easy for inhabitants to use or.... Homes and foreclosures the terms of your lease land rental fees typically include water, sewer, garbage and... To have watertight rules in place in case of an emergency mobile homes are subject to local real estate including! Ave. Helena, MT 59620 Phone: ( 406 ) 841-2056 Fax: ( 406 841-2056... And wind conditions ( { } ) ; Follow Us: 2023 EZ homes, modular and. Neighborworks Montana, including manufactured homes, modular homes and foreclosures are montana mobile home park laws past! Is responsible for ensuring that every tenant has access to their home and to park! Partial payment of rent for a mobile home park from montana mobile home park laws park are up to Safety codes and correctly... Of line, weve already covered three times as many legislative stories we... Contact Us mosquitoes, is also the mobile home park owners property Depreciations schedules Trend. Rent for a mobile park owner has to ensure that these utilities are running and provided at all unless... Providing some kind of replacement should services be interrupted x 11.25 %. watertight rules in so... Not low-income government housing, Groven said 59602 Phone: ( 406 ) 841-2056 Fax: 406... The pool, bbq, communal kitchen, roads, etc where landlord. 3 ) Regardless of where the landlord shall remit to the tenant remaining!

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