Often their concerns will help you improve the park in some way or stop further damage and chaos. 70-33-406. 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. (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. 2 0 obj (j) any other noncompliance or violation not covered by subsections (1)(a) through (1)(i) that endangers other tenants or mobile home park personnel or the landlord or manager or causes substantial damage to the premises, for which the notice period is 14 days; Lawmakers in the Montana House gave a preliminary thumbs-up to a bill that would expand legislative oversight of the states federally funded broadband internet program, which will likely direct hundreds of millions of dollars to subsidizing rural Montana connectivity in the coming years. Sec. 32, Ch. Go to Top. 267, L. 2007. The mobile home owner must be provided with a minimum of sixty-days' written notice to sell or remove the home from the park. 267, L. 2007. Help fund our coverage through the rest of the session. (1) If a tenancy terminates, if the landlord reasonably believes that the tenant has abandoned a mobile home occupying a mobile home lot, and if at least 5 days have elapsed since the occurrence of events upon which the landlord has formed the belief that the mobile home has been abandoned, the landlord may remove the mobile home from the premises or keep the mobile home stored on the premises. 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. Click on your state for information on specific state Tenant / Landlord Laws. 389, L. 1995; amd. Land rental fees typically include water, sewer, garbage, and recycling pickup. Holdover remedies consent to continued occupancy. History:En. Box 200516 Helena, MT 59620 Phone: (406) 841-2056 Fax: (406) 841-2050 Email Us (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. (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 The rental agreement terminates as provided in the notice subject to the following exceptions: Many different areas constitute a mobile home park. 18.8.1008. 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. This table may omit bill actions recorded since this guide's last update. The new policy went into effect March 1, 2018, and while parts of it are not directly applicable to mobile home parks, it does an admirable job of balancing the rights of owners of emotional support animals with the rights of the people with whom the animals come into contact. Landlords failure to provide essential services tenants remedies. Please remember that mobile-home parks are private property. 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. Minnesota law allows a park to ask a resident to move for the following reasons: 1. PROPERTY CHAPTER 33. (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. 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. Rights and Duties of Parties; Part 4. >> History:En. Grounds for termination of rental agreement. You're all set! You also need to be able to find the cause and hold irresponsible tenants liable if they broke park regulations in damaging the property. 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. (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. 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. (a) notify the local law enforcement office of the storage; History:En. Usually, rent increases by 10% on a yearly basis to account for inflation and the rising cost of living. The park owner himself didnt comply with the lease agreement. 70-33-429. The landlord shall remit to the tenant the remaining proceeds, if any, together with an itemized accounting. 7/29/1988. 4/28/95 . 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. But perhaps the most important reason that you will not want to build a new mobile home park is that you can't make any money with it. This Mobile Home Lot Lease Agreement for Montana is for use by a landlord when renting a mobile home lot to a tenant. RV park tenants are no exception to this rule. In Montana, for all other lease violations, the landlord can serve them a 14-Day Notice to Cure or Vacate. This is one area that not all landlords are as comfortable with as others, yet it is a very necessary part of park ownership. 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% . 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. If property taxpayers had faced the kind of winds mobile-home residents have faced over the last few years, people would be throwing tea into the harbors right now, Nikolakakos said. The landlord must also provide electricity, running water and sewage hookups as defined by the tenancy agreement. (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. Priest Attorney at Law 7420 Greenhaven Drive, Suite 125 Sacramento, CA 95831 Phone 916-429-4600 Fire or casualty damage rights and obligations of tenant. Attorney fees costs. Sec. Refusal of access landlords remedies. >> 29, Ch. 267, L. 2007. General Provisions; Part 2. Mobile home park attendants and caretakers - 16-41-27-9 Sec. The Landlord must place the lien on the home within fifteen days after the rent or utilities are thirty days past due. Sec. (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. History: En. Montana Snowmobiling Handbook (PDF) You should have a written agreement which sets the terms of your lease. Sec. Multiple park owners also scoffed at the notion that mobile-home park tenant associations can successfully keep up with maintenance and police resident behavior. This handbook explains the Minnesota laws concerning manufactured home park residents and park owners. (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: Payments that constitute rent are amounts paid specifically as rent are allowed; and. The attorney currently handling complaints under this law is, at the time of this writing, Steve Brist. 42, Ch. stream 267, L. 2007. REP. 7/29/1988. (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. With six dedicated reporters on staff, weve already covered three times as many legislative stories as we did in previous sessions. A dish filled with water sits in the sink at Katelyn Anton's home at Meadowlark Mobile Home Park on Friday in Billings. Landlords failure to provide essential services tenants remedies. Roads are the responsibility of the park. 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. (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. Especially when you have children in the park, which opens a whole can of worms regarding safety. In either case the tenant may recover actual damages. Yes. 267, L. 2007. Indian Country. 70-33-427. %PDF-1.7 70-33-434. Disposition of abandoned mobile home. (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; (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. Click on your state for information on specific state Tenant / Landlord Laws. 0000131603 00000 n No overly close neighbors. 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. 70-33-430. The following reasons will be good enough and legal to evict someone from your park: Failure to pay rent. % 70-33-428. Refusal of access landlords remedies. endobj The landlord is responsible for ensuring that every tenant has access to their home and to other park facilities. A tenant cannot be evicted for revenge. Whatever the case may be, youll need to address the problems quickly. 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. We received 3 reports with mobile home park lot rent running around $400 ($390, $400, and $440). Questions and comments for the Food and Consumer Safety Section (FCSS) may be sent by clicking on the box above. It also covers the minimum number of mobile homes that are expected to be on a mobile home park before it can be a licensed mobile home park. Attorney fees costs. is a friendly guide to help you handle these sticky situations. 70-33-422. There are two common types of mobile home leases. The law gives you 3 days to fix these issues after such an event, but you will have to submit written proofof the delay. (1) If the tenant refuses to allow lawful access, the landlord may either obtain injunctive relief to compel access or terminate the rental agreement. 70-33-433. (3) The remedy provided in subsection (2) is in addition to a right of the tenant arising under subsection (1). Sign up to get our reporting sent straight to your inbox every weekday morning. 45, Ch. These tenants a lot of times arent capable of doing the repairs needed and cleaning up the parks with the bad tenants in there, said Dylan Osterhout, who said he runs real estate brokerage and manages mobile-home parks in Helena. The landlord must send this notice to your "last known address." 0000114901 00000 n Extermination or prevention of vermin or dangerous pests, such as ticks and mosquitoes, is also the responsibility of the landlord. /Root 98 0 R You may deduct the cost of rent for a mobile home you own if it is your principal residence. For purposes of this subsection, rebuttable presumption means that the trier of fact is required to find the existence of the fact presumed unless evidence is introduced that would support a finding of its nonexistence. History:En. 9. Thank you for supporting public-service journalism when our state needs it most. We are all familiar with the typical Hollywood trope of the angry landlord shouting after their tenants to pay up their late rent. (m) any legitimate business reason not covered elsewhere in this subsection (1) if the landlord meets the following requirements: In the notice the landlord shall disclose and describe in detail the nature of the change of use. Military personnel may give less than 30 days notice if they were also unaware. A right or privilege guaranteed by law cannot be waived. Both him and his partner, Dan Leighton, formed EZ Homes back in 2006 and have seen explosive growth ever since. Basic RIghts RV park tenants have the right to use laundry, shower and other common facilities located in the park for the duration of their tenancy. 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. If they do own the land, a foreclosure process will be initiated rather than a repossession. (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). Purchasing a Manufactured Home Effective Financing Statement Lien, a lien against specific crops, livestock, and unmanufactured products. (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. Administration of remedies enforcement agreement. 70-33-424. 50, Ch. See the. A landlord can evict a tenant for nonpayment of rent, criminal activity, or not abiding by the mobile park's regulations. The sale proceeds are subject to any prior security interest of record. 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