How do you get rid of them? said Montana Landlords Association president John Sinrud. 70-33-422. However, all common grounds in the park should be kept as clean and sanitary as possible. (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; (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. . A bill of sale, as explained earlier, is used as proof of purchase of a property, in this case, a mobile home. 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. Administration of remedies enforcement agreement. 267, L. 2007. (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. (3) The rights of a tenant under this section do not arise until the tenant has given notice to the landlord and the landlord has had a reasonable opportunity to correct the conditions. In the notice the landlord shall disclose and describe in detail the nature of the change of use. Just because you are the landlord and owner doesnt mean the tenants dont have a say. *un/]O'#uF}Z|kdIay>`8=nW88Sr w9O 267, L. 2007. 0000000929 00000 n 0000126592 00000 n History: En. Go to Top 70-33-103. 70-33-429. Multiple park owners also scoffed at the notion that mobile-home park tenant associations can successfully keep up with maintenance and police resident behavior. which contains specific sections devoted to Mobile Homes, including Mobile Homes and Lead (4100); Earthquake Straps on . 70-33-424. 70-33-430. Also common, though, is a situation in which the landlord owns both the mobile home and the land. 70-33-429. Noncompliance of tenant generally landlords right of termination damages injunction. A mobile-home park just isnt like that.. Help fund our coverage through the rest of the session. Prohibited provisions damages. << +}7>j>q8X[-.`/7pRw:rRB/c .]#vo*a[LRR`uG|Tx6R=^7EAr?b2,?kndo_ dA\aUMokQ! /L 430972 (k) conviction of the mobile home owner or a tenant of the mobile home owner of a violation of a federal or state law or local ordinance, when the violation is detrimental to the health, safety, or welfare of other tenants or the landlord or manager or the landlords documentation of a violation of the provisions of Title 45, chapter 9, for which the notice period is 14 days; Go to Top. It offered some amazing things like ballroom dancing, full community parties, boat docks, indoor pools, and gorgeous views. (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; 70-33-410. <>/ExtGState<>/Font<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> A landlord is entitled to payment of the storage costs allowed under this subsection before the tenant may remove the property. (2) If the landlord does not keep the mobile home stored on the premises, the landlord shall store the mobile home in a place of safekeeping and in either case shall exercise reasonable care for the mobile home. May 31, 2019 4:43 PM. This is a project of Montana Free Press, a 501(c)(3) nonprofit newsroom that aims to provide Montanans with in-depth, nonpartisan news coverage. Holdover remedies consent to continued occupancy. 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. Landlords failure to deliver premises tenants remedies. Except as provided in subsection (4) of this section, if the tenants noncompliance is purposeful, the landlord may recover treble damages. (b) make a reasonable effort to determine if the mobile home is secured or otherwise encumbered; and (2) A tenant proceeding under this section may not proceed under70-33-405for a landlords failure to provide essential services. (1) If the court, as a matter of law, finds that: A mobile park owner has to ensure that these utilities are running and provided at all times unless it is out of their control. 70-33-401. (2) If the rental agreement is terminated, the landlord shall return all security recoverable pursuant to Title 70, chapter 25, and any prepaid rent. Montana Lease or Rental of Space in a Mobile Home Park and Lease of Mobile Home with Option to Purchase - Lease or Rent to Own US Legal Forms offers multiple state-specific forms available to fill out, modify and print. Go to Top. 0000108683 00000 n 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. (5) The maintenance of an action under subsection (4) of this section does not release the landlord from liability under70-33-404(2). We hope that this article will help you run a smooth, neat, safe, and pleasant mobile home park. Sec. Sec. (b) the tenant is in default in rent; or 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. Tenants failure to maintain lot landlords right to enter and repair. 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. Sec. They are not low-income government housing, Groven said. Depending on the type of park (co-op or PUP, for example), there should be regular meetings where tenants are allowed to voice their concerns. History:En. In either case, the landlord may recover actual damages. (1) If there is a noncompliance by the tenant with the rental agreement or with a provision of70-33-321, the landlord may deliver a written notice to the tenant pursuant to70-33-106specifying the acts or omissions constituting the noncompliance and stating that the rental agreement will terminate upon the date specified in the notice that may not be less than the minimum number of days after receipt of the notice provided for in this section. /N 6 Action for nonpayment of rent tenants counterclaim. You'll never have to beat the ceiling with a broom again! Sec. Sec. Go to Top. 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. (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. Sign up and take advantage of access to the largest catalogue of legal forms. 70-33-425. Sign up for theCapitolizednewsletter and stay up-to-date on the latest legislative developments during the session. The following reasons will be good enough and legal to evict someone from your park: Failure to pay rent. Your donation funds transparency. 0000136104 00000 n Stop Mobile Home Repossession History:En. Every tenant has the right to enjoy peace and quiet on their own lot or site. It also means that many problems can be resolved amicably and efficiently. (1) If the tenant destroys, defaces, damages, impairs, or removes any part of the premises in violation of 70-33-321 (3), the landlord may terminate the rental agreement upon giving 3 days' written notice specifying the noncompliance under the provisions of 70-33-321 (3). In general, one months worth of rent is a more than adequate security deposit. Continually being vigilant for infringements, listening to complaints, and addressing concerns can quickly become a full-time job. 0000113944 00000 n (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. (a) nonpayment of rent, late charges, or common area maintenance fees as established in the rental agreement, for which the notice period is 7 days; A writing or recording is not necessary to create the lien provided for in this section. refresh results with search filters open search menu. Prohibited provisions damages. 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. 267, L. 2007. %PDF-1.7 70-33-426. Go to Top. (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. No shouting. The attorney currently handling complaints under this law is, at the time of this writing, Steve Brist. (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). 406-720-7919 (fax) History:En. It also requires owners to review counteroffers if a residents' association uses that time to organize in an effort to purchase the park. If you wish to suggest an update please contact us. Some parks are exempt if they only had one parking space per lot at the time of opening. >> PROPERTY CHAPTER 33. The most common remedy for a failure to pay rent is a contact action to recover money damages. This is a project of Montana Free Press, a 501 (c) (3) nonprofit newsroom that aims to provide . (2) (a) If the tenant abandons the lot, the landlord shall make reasonable efforts to rent the lot at a fair rental. At the start, make sure that every tenant receives a list of the rules and regulations of the park when joining. He has worked as a professional journalist in Montana since 2013, with stints at the Great Falls Tribune, Bozeman Daily Chronicle, and Solutions Journalism Network before joining the Montana Free Press newsroom in Helena full time in 2019. This guide is an effort to make the quantifiable aspects of the Montana Legislature more accessible to the public by compiling information about lawmakers, proposed bills and the legislative process. You're all set! "Tenant" means the owner or operator of a recreational vehicle who has occupied a lot in a park for more than 30 consecutive . 267, L. 2007. Sec. History:En. 70-33-433. 799.31. Keep in mind that sometimes it isnt the tenants fault and merely the effects of use over time. You also want to have a degree of approachability among your tenants so that they dont hesitate to reach out to you when they have concerns. 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. Often their concerns will help you improve the park in some way or stop further damage and chaos. Foreclosure can also be treated differently based on your state. Sec. Professional Licensing Bureau P.O. Unconscionability court discretion. Do you have a concern about alicensed public facility such as a restaurant, hotel, trailer court, tattoo artist, or swimming pool? (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. Landlords failure to maintain premises tenants remedies. 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. 70-33-402. 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. Get free summaries of new opinions delivered to your inbox! 0000109847 00000 n Landlords failure to provide essential services tenants remedies. History:En. Rights and Duties of Parties; Part 4. 35, Ch. <> Nathan Groven, who said he and his wife own three trailer parks in Great Falls, said that under current law it already takes months for landlords to evict mobile-home tenants or win permission to dispose of an abandoned trailer. Most First Right of Refusal clauses will also stipulate that anyone you do sell to . Becoming a mobile home park owner can either be one of the best or worst decisions of your life, depending on how well you start off. 45, Ch. 46, Ch. 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. In the first, the tenant owns the mobile home, but leases a space in a mobile home park from the park owner. I know there are times where its not fair. Retaliatory conduct by landlord prohibited. Did you witness a violation of local or state COVID regulations? (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 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. 70-33-403. 267, L. 2007. They need to read and sign the document. Not only are there comprehensive acts written on this topic but almost every state has its own laws as well. (b) recover damages based upon the diminution in the fair rental value of the lot; or We hope that this article will help you run a smooth, neat, safe, and pleasant mobile home park. 70-33-422. (3) Regardless of where the landlord stores the mobile home, the landlord shall: Accountability reporting matters. Montana may have more current or accurate information. The affordable housing industry is a great business model, But the real estate construction business model is not. Summary Generally revise mobile home park laws Tracking Information Register now for our free OneVote public service or GAITS Pro trial account and you can begin tracking this and other legislation, all driven by the real-time data of the LegiScan API. This is one area that not all landlords are as comfortable with as others, yet it is a very necessary part of park ownership. 114, L. 2003. We are all familiar with the typical Hollywood trope of the angry landlord shouting after their tenants to pay up their late rent. (i) if the breach is remediable by repairs, the payment of damages, or otherwise and the landlord adequately remedies the breach before the date specified in the notice, the rental agreement does not terminate by reason of the breach; 50, Ch. (NRS 108.270 (1).) However, it isimportant to run a safe, peaceful, and profitable mobile home park. (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; 39, Ch. Most tenants will also request that you give them projections of the rent price over the next three years. 267, L. 2007. Fire or casualty damage rights and obligations of tenant. Minimal maintenance. 70-33-406. x\YoH~7o+-6lM0|V6([XTd*AoU5IQ2JDa!^E:FA^Y6LbOzE67qpt(O"qsewgg"?t@))_lw?tw'22pLR'FvwwM\g@ }Qd/v@pa0QA$L oN';;I~97#U)_$2AzIJ}k4%?v"SQC\VtR9sK:npb1P*l]A }|\V)Gp1>Dx3qn Sec. (1) If the tenant refuses to allow lawful access, the landlord may either obtain injunctive relief to compel access or terminate the rental agreement. Disposition of abandoned mobile home. Holdover remedies consent to continued occupancy. /Type /Catalog Maybe thats not so easy in our current rental market, but thats an option. Mobile home park tenancies have their own special set of laws under Chapter 723 of the Florida Statutes. 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Accidents happen and more often than not, this isnt allowed by law anyway. 70-33-432. Thanks to your support, weve already covered three times as many legislative stories as in previous sessions. (b) If the landlord fails to use reasonable efforts to rent the lot at a fair rental or if the landlord accepts the abandonment as a surrender, the rental agreement is terminated by the landlord as of the date the landlord has notice of the abandonment. Box 200517 Helena, MT 59602 Phone: (406) 841-2056 Fax: (406) 841-2050 Email Us. There is a balance to be found in between. 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. 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. Reporting and web design was done primarily by MTFP Deputy Editor Eric Dietrich. Go to Top. /S 549 After all, you will become the landlord for a number of tenants and their families and will be responsible for them to some degree. Reasonable storage costs are allowed to a landlord who stores the property, and actual storage costs are allowed to a landlord who stores the property in a commercial storage company. (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. (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. 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. Sec. (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. Disposition of abandoned mobile home. (ii) If the landlord fails to comply with the rental agreement or70-33-303and the reasonable cost of compliance is less than 1 months rent, the tenant may recover damages for the breach under subsection (2). No overly close neighbors. Disposition of abandoned mobile home. This is another matter that might differ state to state. History:En. >> Any damage that was a direct result of poor roads or road planning falls on the park owner. 4 0 obj Your donation funds transparency. (g) two or more violations of70-33-321(1) within a 12-month period, for which the notice period for the final violation is 14 days; Unlawful or unreasonable entry by landlord tenants remedies. Eric came to journalism in a roundabout way after studying engineering at Montana State University in Bozeman (credit, or blame, for his career direction rests with the campus's student newspaper, the Exponent). %%EOF 70-33-402. The bill is signed by both the buyer and the seller in a compa ny of a notary witness. However, the tenant must provide a written notice of their intent and can move out if the landlord fails toaddress it. A resident is late paying rent or utility charges owed to the park. 70-33-433. This eviction notice gives the tenant 14 calendar days to fix the issue or move out. /Size 127 For many of the concerns related to the rights of tenants and the landlord, respectively, the, Mobile Home Landlord and Tenant Rights Act. 119, Ch. 301 South Park Ave. Helena, MT 59620 Building and Commercial Measurements Bureau P.O. 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. Hoven said he had proposed additional legislation. In either case the tenant may recover actual damages. Not only are there comprehensive acts written on this topic but almost every state has its own laws as well. The tenant generally owns the mobile home itself but ground and utility hook-ups on which the home stands are the property of the lot or mobile home park owner. Going against the lease / agreement. 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. Five days is the usual amount of time a tenant has after the due date to square his account before there is any penalty. Right To Privacy A landlord is entitled to payment of the removal and storage costs allowed under subsection (2) before the owner may remove the mobile home. Unlawful ouster, exclusion, or diminution of services tenants remedies. [emailprotected], HH Evictions, Inc. Military personnel may give less than 30 days notice if they were also unaware. Carla Hill, who said she owns a home in the Cherry Creek mobile-home park in Billings, said she paid $285 a month to rent a lot before a corporation purchased the park in 2020. Land rental fees typically include water, sewer, garbage, and recycling pickup. The mobile home owner must be provided with a minimum of sixty-days' written notice to sell or remove the home from the park. The landlord may issue a 3-Day Notice to Quit. The policy requires (1) notification that an emotional support . Several residents who testified Monday said lot rents in their parks have been raised by hundreds of dollars a month following sales, causing some of their neighbors to lose their homes. Go to Top. 70-33-432. The landlord is responsible for ensuring that every tenant has access to their home and to other park facilities. 456, L. 2001; amd. Owners will want to know what falls to them so that they are prepared and can keep up on their homes curb appeal. A month-to-month lease? 267, L. 2007. (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; (h) any violation of70-33-321(3), for which the notice period is as provided in70-33-422(1); The U.S. (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. 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.. 2, Ch. After all, you will become the landlord for a number of tenants and their families and will be responsible for them to some degree. RV park tenants are no exception to this rule. (b) During an absence of the tenant in excess of 7 days, the landlord may enter the lot when reasonably necessary. 2 0 obj 51, Ch. They need to read and sign the document. 0000125292 00000 n (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. 70-33-404. 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. trailer If the park itself is somehow unliveable. The Landlord must place the lien on the home within fifteen days after the rent or utilities are thirty days past due. Go to Top. 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. If not properly looked after and maintained, branches can drop on houses, cars, people or on the road. Many different areas constitute a mobile home park. (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. The rental agreement terminates as provided in the notice for one or more of the following reasons and subject to the following conditions: 267, L. 2007. Both him and his partner, Dan Leighton, formed EZ Homes back in 2006 and have seen explosive growth ever since. 70-33-410. (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: a]THWD27I-AoVe2ryd}X9/@ #P-!%eQ_^tiwxBAEpv? D!0 HZ9Fgqd']tKz startxref amounts paid for utilities, furnishings, and parking if the landlord makes NO seperate charges for these items. 0000137401 00000 n Well discuss this a little more in the following sections. (1) Unless otherwise provided in this chapter, if there is a noncompliance with70-33-303affecting health and safety, the following procedures apply: Please contact him at edietrich@montanafreepress.org with bug reports, questions or suggestions. About the 2023 Montana Free Press Capitol Tracker. Trailer Courts and Campgrounds Rules 37.111.12 Trailer Courts, Campgrounds, Youth Camps, and Work Camps FCS Circular 1-2016 - Standards for Nonpublic Water Supplies Serving Licensed Establishments Laws MCA 50-52 Tourist Campgrounds and Trailer Courts Plan Review Forms Campground or Trailer Court Work Camp In most cases, the park then has 7-10 days to accept or decline the offer. (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 mobile home park. 126 0 obj (2) If the landlord acts in violation of subsection (1) of this section, the tenant is entitled to the remedies provided in70-33-409and has a defense in any retaliatory action against the tenant for possession. (1) A provision prohibited by70-33-202that is included in a rental agreement is unenforceable. Just one example that people often take for granted is trees. In an action on a rental agreement or arising under this chapter, reasonable attorney fees, together with costs and necessary disbursements, may be awarded to the prevailing party notwithstanding an agreement to the contrary. Writing, Steve Brist right of Refusal clauses will also stipulate that anyone you do sell to an support... To the largest catalogue of legal forms fault and merely the effects of use or Stop further and... * un/ ] O ' # uF } Z|kdIay > ` 8=nW88Sr w9O 267, L. 2007 agreement! ) 841-2050 Email us one example that people often take for granted is trees one example that people often for! Their Homes curb appeal sewer, garbage, and pleasant mobile home, the landlord both. Legal forms are there comprehensive acts written on this topic but almost every state has its own laws as.! Parking space per lot at the notion that mobile-home park tenant associations can successfully keep with. 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