Go to Top. 267, L. 2007. Go to Top. Some expressed concern that the bill would require them to share information about a potential sale price, the buyers name and other contract terms with residents. 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% . (4) Treble damages may not be recovered for the tenants early termination of the tenancy. 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. 41, Ch. 70-33-430. 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. 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. 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. Sec. Unconscionability court discretion. startxref 39, Ch. Grounds for termination of rental agreement. They could ask it for a variety of reasons, such as establishing how much rent has increased or so that they know when an irregular rise in rent takes place. Tell us at tips@montanafreepress.org. 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. Both bills now face initial votes in the House Judiciary Committee. For specific advice or assistance, residents and park owners may contact the organizations listed here, or a private attorney. Unlawful ouster, exclusion, or diminution of services tenants remedies. Roads are the responsibility of the park. (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; 3, Ch. A mobile-home park just isnt like that.. 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. Whatever the case may be, youll need to address the problems quickly. History:En. 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 tenant cannot be evicted for revenge. 44, Ch. 70-33-427. Going against the lease / agreement. Box 200513 Helena, MT 59620 Phone: (406) 444-6880 Email Us. Noting that mobile-home residents often have tens of thousands of dollars invested in their trailers, Nikolakakos countered that lawmakers should think about mobile-home evictions as akin to a quasi-foreclosure.. The property values appraised by the department are used by counties to determine property taxes. (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. This table may omit bill actions recorded since this guide's last update. If you wish to suggest an update please contact us. Fire or casualty damage rights and obligations of tenant. (5) The maintenance of an action under subsection (4) of this section does not release the landlord from liability under70-33-404(2). 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. Sign up to get our reporting sent straight to your inbox every weekday morning. (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: Two possible foundation types exist: (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. 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 Sec. Any damage that was a direct result of poor roads or road planning falls on the park owner. (1) If the rental agreement is terminated, the landlord has a claim for possession and for rent and a separate claim for actual damages for any breach of the rental agreement. For example, in instancesof a natural disaster or because of municipal maintenance or error. (a) selling the mobile home at a public or private sale; or 70-33-407. Minimal maintenance. Rights and Duties of Parties; Part 4. Disposition of abandoned personal property. Please contact him at edietrich@montanafreepress.org with bug reports, questions or suggestions. (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. Remedies; 4, Ch. 70-33-409. Sec. 2023 Personal Property Depreciations Schedules and Trend Tables are now available. Except as provided in subsection (4) of this section, if the tenants noncompliance is purposeful, the landlord may recover treble damages. Disposition of abandoned personal 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. I know there are times where its not fair. 97 0 obj 70-33-408. This handbook explains the Minnesota laws concerning manufactured home park residents and park owners. 70-33-410. (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; 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. 70-33-404. (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. 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. A mobile home park landlord must "maintain fit premises" (A.R.S. Personal Property Reporting. 267, L. 2007. In either case, the landlord may recover actual damages. ! " >> Here's a list of the greatest advantages of mobile home park living: Cost. 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. Marshals identified the two people arrested Wednesday afternoon following a brief standoff at a Billings West End mobile home park. More by Eric Dietrich. TITLE 70. And thats just life, he said. History:En. Every tenant has the right to enjoy peace and quiet on their own lot or site. Anton said her family can go as many as three days without water,. (h) any violation of70-33-321(3), for which the notice period is as provided in70-33-422(1); 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. 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. 70-33-406. Sec. Box 3703 70-33-429. In the notice the landlord shall disclose and describe in detail the nature of the change of use. 5-Day Notice to Quit. 37, Ch. % The next is to have a system for collecting complaints and then providing arbitration. Prohibited provisions damages. (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: 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. (a) selling all or part of the property at a public or private sale; or 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. (1) Acceptance by the landlord of full payment of rent due is a waiver of a claimed breach of a rental agreement only when the claimed breach is the nonpayment of rent. 267, L. 2007. Key points to remember: Safety Rent collection Proper eviction practices As part of every tenants right to privacy, you will need to make a request before entering their home. . Administration of remedies enforcement agreement. No property taxes. 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. Additionally, make sure to communicate any changes to tenants effectively. 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. No shouting. trailer After satisfaction of the lien, the landlord shall remit to the mobile home owner the remaining proceeds, if any. 7/29/1988. 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. Just award-winning local journalism for the people, by the people. About the 2023 Montana Free Press Capitol Tracker. (3) The acceptance of partial payment of rent due does not constitute a waiver of any right. 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. 0000108683 00000 n They need to read and sign the document. Subchapter: Trailer Courts and Tourist Campgrounds. Administration of remedies enforcement agreement. Weights and Measures P.O. After rent increases and added water, sewer and garbage fees, she said, her lot payment now averages $595 more than twice as much. Sec. 401, L. 1997; amd. 0000109847 00000 n 42, Ch. 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. (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. 267, L. 2007. xref 70-33-426. Sec. Purchasing a Manufactured Home Go to Top. Refusal of access landlords remedies. Go to Top. 0000131931 00000 n Did you witness a violation of local or state COVID regulations? A landlord's lien against the property may also be sought, however, it may be subject to a prior security interest. (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. Before we leave you with all this information, we would like to give you one final tip: You can never go wrong by promoting good landlord-tenant relationships. Rental Agreements; Part 3. Usually, committal of a crime is the only circumstance in which you can immediately evict a tenant. (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. 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. Physical Address. 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. 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. It's that simple.Buying an existing mobile home park is a great idea. Payments that constitute rent are amounts paid specifically as rent are allowed; and. Some parks are exempt if they only had one parking space per lot at the time of opening. Attorney fees costs. 45, Ch. (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. History:En. %PDF-1.7 << A tenant can also move out within 30 days if the home has a major defect that makes it unpleasant to live in and the park owner doesnt fix it. Sec. P.O. 70-33-405. 31, Ch. (b) During an absence of the tenant in excess of 7 days, the landlord may enter the lot when reasonably necessary. 8, Ch. 70-33-432. The rental agreement terminates as provided in the notice for one or more of the following reasons and subject to the following conditions: 4/28/95 . The attorney currently handling complaints under this law is, at the time of this writing, Steve Brist. Tenants are also within their right to ask you for proof of the rent amount for the last five years. If there is noncompliance by the tenant with70-33-321affecting health and safety that can be remedied by repair, replacement of a damaged item, or cleaning and the tenant fails to comply as promptly as conditions require in case of emergency or within 14 days after written notice by the landlord specifying the breach and requesting that the tenant remedy the breach within that period of time, the landlord may enter the lot and cause the work to be done in a competent manner and submit an itemized bill for the actual and reasonable cost, the fair and reasonable cost, or the fair and reasonable value of the work as rent on the next date rent is due or, if the rental agreement has terminated, for immediate payment. (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. No name calling. Multiple park owners also scoffed at the notion that mobile-home park tenant associations can successfully keep up with maintenance and police resident behavior. If you are renting a manufactured home in an MHP, you are covered Cal. Id. 799.31. 70-33-425. On Tuesday, the Cheney City Council unanimously voted to table the first reading of a proposed land zone change ordinance that could be a precursor to closing the North Cheney Mobile Home Park. Go to Top. (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. (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. 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. There are a few circumstances where a tenant is allowed to move out unexpectedly without warning: This is atricky subject that often calls for very careful handling. Help fund our coverage through the rest of the session. History:En. You'll never have to beat the ceiling with a broom again! Refusal of access landlords remedies. 456, L. 2001; amd. Sec. Go to Top, 406-770-3535 (phone) Refusal of access landlords remedies. Disposition of abandoned mobile home. (a) notify the local law enforcement office of the storage; In these cases, its handy if you have a dedicated groundsman that can take care of problems. Sec. 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. This might be the first thing that comes to mind when thinking of becoming a landlord. Most First Right of Refusal clauses will also stipulate that anyone you do sell to . Minnesota law allows a park to ask a resident to move for the following reasons: 1. Montana's laws provide some important protections, but also have a . /S 549 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. A list of the home owners responsibilities. In an apartment complex, you get mad at your landlord, you get a U-Haul, load up with your stuff and find another place, Nikolakakos said. Please remember that mobile-home parks are private property. 0000137401 00000 n (a) The tenant may deliver a written notice to the landlord specifying the nature of the breach and that the rental agreement will terminate upon a date not less than 30 days after receipt of the notice if the breach is not remedied in 14 days. Sec. 70-33-423. 0000002246 00000 n Thank you for supporting public-service journalism when our state needs it most. History:En. Park owners and landlords also pushed back on the tenant protections bill, saying its provisions would make it harder for them to evict problematic tenants. %%EOF The landlord shall remit to the tenant the remaining proceeds, if any, together with an itemized accounting. /Linearized 1 (1) Unless otherwise provided in this chapter, if there is a noncompliance with70-33-303affecting health and safety, the following procedures apply: Some parks are exempt if they only had one parking space per lot at the time of opening. Noncompliance of tenant generally landlords right of termination damages injunction. (1) If a tenancy terminates in any manner except by court order, if the landlord reasonably believes that the tenant has abandoned all personal property that the tenant has left on the premises, and if at least 5 days have elapsed since the occurrence of the events upon which the landlord has based the belief of abandonment, the landlord may remove the property from the premises. endobj This Mobile Home Lot Lease Agreement for Montana is for use by a landlord when renting a mobile home lot to a tenant. 70-33-433. 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. Tenants failure to maintain lot landlords right to enter and repair. Insurance is also a must. which contains specific sections devoted to Mobile Homes, including Mobile Homes and Lead (4100); Earthquake Straps on . 2, Ch. 70-33-432. A right or privilege guaranteed by law cannot be waived. Accountability reporting matters. 30, Ch. (iii) The court may at any time release money paid into the court to any party if the parties agree or if the court finds a party is entitled to the money. (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: Landlords failure to provide essential services tenants remedies. 267, L. 2007. Just like other types of real estate, mobile homes are subject to local real estate laws including zoning. Remedies for absence or abandonment. 70-33-434. Often their concerns will help you improve the park in some way or stop further damage and chaos. History:En. >> 70-33-422. Provide a notice board that is easy for inhabitants to use or view. 119, Ch. (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. +}7>j>q8X[-.`/7pRw:rRB/c .]#vo*a[LRR`uG|Tx6R=^7EAr?b2,?kndo_ dA\aUMokQ! (3) After complying with subsections (1) and (2), the landlord shall: Holdover remedies consent to continued occupancy. Mobile home park tenancies have their own special set of laws under Chapter 723 of the Florida Statutes. 2 - They vary from location to location Some locations are more thorough than others in dictating the requirements placed on mobile home park landlords. Go to Top. I dont want tenants knowing my business, said Sharon Lodge, who said she owns a small park near Belgrade. 267, L. 2007. 267, L. 2007. (c) has organized or become a member of a tenants union, mobile home park resident association, or similar organization. MONTANA RESIDENTIAL MOBILE HOME LOT RENTAL ACT Part 1. (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. 0000108882 00000 n 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. 70-33-424. /P 0 70-33-430. A mobile park owner has to ensure that these utilities are running and provided at all times unless it is out of their control. /Length 857 In general, one months worth of rent is a more than adequate security deposit. 0000002246 00000 n Did you witness a violation of local or state regulations! Damage rights and obligations of tenant generally landlords right to ask a resident to move for last. 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