This is a project of Montana Free Press, a 501 (c) (3) nonprofit newsroom that aims to provide . 97 0 obj Tenants are also within their right to ask you for proof of the rent amount for the last five years. 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. This handbook explains the Minnesota laws concerning manufactured home park residents and park owners. Thanks to your support, weve already covered three times as many legislative stories as in previous sessions. History:En. If the park itself is somehow unliveable. 0000110186 00000 n STEP TWO: Have a Valid Reason for Wanting to Evict a Tenant from Your RV Park. Please contact him at edietrich@montanafreepress.org with bug reports, questions or suggestions. The following reasons will be good enough and legal to evict someone from your park: Failure to pay rent. A landlord can place a lien on a mobile home for space rent or unpaid utilities. (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. They are not low-income government housing, Groven said. LIENS. No overly close neighbors. 70-33-429. (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; (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. (b) During an absence of the tenant in excess of 7 days, the landlord may enter the lot when reasonably necessary. 0000091691 00000 n 0000001961 00000 n The landlord shall remit to the tenant the remaining proceeds, if any, together with an itemized accounting. (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: (4) A claim or right arising under this chapter or on a rental agreement, if disputed in good faith, may be settled by agreement. This is the situation described above. The U.S. Montana's independent nonprofit news source. (1) If the court, as a matter of law, finds that: Questions and comments for the Food and Consumer Safety Section (FCSS) may be sent by clicking on the box above. 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. 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. (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 History:En. He is a jack of all trades type of guy. 0000137401 00000 n History:En. (b) If the tenant cannot after due diligence be found, the remaining proceeds must be deposited with the county treasurer of the county in which the sale occurred and, if not claimed within 3 years, must revert to the general fund of the county. 42, Ch. Provide a notice board that is easy for inhabitants to use or view. (a) selling all or part of the property at a public or private sale; or 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 It's that simple.Buying an existing mobile home park is a great idea. (b) make a reasonable effort to determine if the mobile home is secured or otherwise encumbered; and Sec. Help fund our coverage through the rest of the session. 46, Ch. See the. Holdover remedies consent to continued occupancy. 70-33-410. 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. Before you consider evicting a tenant from your RV Park, you must have a good and lawful reason to do so. Accounting or apportionment for rent in the event of termination must be made as of the date of the fire or casualty. <>/Metadata 118 0 R/ViewerPreferences 119 0 R>> Often their concerns will help you improve the park in some way or stop further damage and chaos. Most First Right of Refusal clauses will also stipulate that anyone you do sell to . 0000134984 00000 n (3) The acceptance of partial payment of rent due does not constitute a waiver of any right. 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Dan and his wife have 4 children. Trail maps are available from your local club, Forest Service offices, or the Montana Snowmobile Association. Waiver of landlords right to termination. 267, L. 2007. Mobile home park attendants and caretakers - 16-41-27-9 Sec. Montana Code Annotated 2021. 70-33-428. (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; 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. No name calling. 267, L. 2007. Its also the mobile home park owners responsibility to have a plan in place in case of an emergency. Unlawful or unreasonable entry by landlord tenants remedies. Disposition of abandoned mobile home. (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; Go to Top. A good first step is to have watertight rules in place so that its clear when one party was out of line. 70-33-427. Throughout Montana, local jurisdictions have not acknowledged tiny houses despite the fact that the state critically needs affordable housing solutions. Stop Mobile Home Repossession No shouting. Landlords remedies after termination action for possession. (2) A right or obligation declared by this chapter is enforceable by action unless the provision declaring it specifies a different and limited effect. 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. 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. Landlords recovery of possession limited. Unconscionability court discretion. >> endobj A manufactured (HUD) home purchased by a Tribal member that will be located within any Indian Country in South Dakota is subject to 11.25% of the 4% initial registration fee. 406-720-7919 (fax) 0000114901 00000 n The Property Assessment Division appraises and values properties and administers certain property taxes in Montana. Sec. (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; Make sure tenants are aware of garbage collection schedules. Homeowners and emergency vehicles must have access to their homes and the rest of the park respectively. /S 549 267, L. 2007. TAX LIENS: If real property becomes delinquent and remains so on the day before the first working day in August (August 1, 2022 for 2021 taxes), the County Treasurer must attach a tax lien on the property per MCA 15-17-125, and file the lien with the . Knowing your responsibilities and expectations placed on your shoulders is the first step towardsgood residential park management. 267, L. 2007. (a) has complained of a violation applicable to the premises materially affecting health and safety to a governmental agency charged with responsibility for enforcement of a building or housing code; Usually, rent increases by 10% on a yearly basis to account for inflation and the rising cost of living. Landlords failure to deliver premises tenants remedies. 2023 NicheInvestments LLC. Unlawful ouster, exclusion, or diminution of services tenants remedies. 70-33-425. >> endobj (c) has organized or become a member of a tenants union, mobile home park resident association, or similar organization. 456, L. 2001; amd. 267, L. 2007. 70-33-427. Yes, Age-Restricted Communities Are Legal. 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. In either case the tenant may recover actual damages. In order to become law, both must pass the Montana House and Senate and then survive the governors veto pen. We are all familiar with the typical Hollywood trope of the angry landlord shouting after their tenants to pay up their late rent. /Linearized 1 (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. Get your insiders look into what's happening in and around the Capitol. Disposal may include having the mobile home removed to an appropriate disposal site. A mobile park owner has to ensure that these utilities are running and provided at all times unless it is out of their control. 70-33-405. However, in most cases, you have to give notice to the tenant that you tend to evict them, on what grounds, and provide the dates and details of the reason if there are any. (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. Sec. They need to read and sign the document. The attorney currently handling complaints under this law is, at the time of this writing, Steve Brist. PROPERTY CHAPTER 33. 0000136387 00000 n I ask the committee to ask yourselves: Is it reasonable for someone to put a $50,000 or $70,000 or $80,000 investment into something that cannot move without thousands of more dollars on a contractual term of 30 days at a time. Extermination or prevention of vermin or dangerous pests, such as ticks and mosquitoes, is also the responsibility of the landlord. *un/]O'#uF}Z|kdIay>`8=nW88Sr w9O The landlord's lien may not exceed $2,000 or the total amount due, whichever is less. Except as provided in subsection (4) of this section, if the tenants noncompliance is purposeful, the landlord may recover treble damages. 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 Opponents also argued longer lease terms would make it harder for them to pass property tax increases onto residents. TITLE 70. We received 3 reports with mobile home park lot rent running around $400 ($390, $400, and $440). 12/31/72; AMD, 1982 MAR p. 1098, Eff. 0000125094 00000 n << His bill, he said, is modeled after a law that has been on the books for decades in New Hampshire. 8, Ch. The park owner must mail you a "14-day notice" - sent first class mail, with proof of mailing. Attorney fees costs. 70-33-424. 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. 70-33-433. Not only is this the law but its also just good manners and common decency. In the notice the landlord shall disclose and describe in detail the nature of the change of use. (5) The landlord may dispose of the mobile home after complying with subsection (3) by: Sign up for our free daily newsletter to get unbiased, independent Montana news sent directly to you. Yes. If you wish to make an additional gift toward our accountability coverage, it will go directly toward funding the tools and resources that help bring clarity to the inner workings of our state government. Bills would require advance notice of sales to help community ownership bids, extend eviction timelines. 70-33-433. 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. Click on your state for information on specific state Tenant / Landlord Laws. History:En. If you are renting a manufactured home in an MHP, you are covered 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. 267, L. 2007. With six dedicated reporters on staff, weve already covered three times as many legislative stories as we did in previous sessions. /Pages 95 0 R 70-33-409. /O 99 This might include the pool, bbq, communal kitchen, roads, etc. Subchapter: Trailer Courts and Tourist Campgrounds. 32, Ch. Go to Top. The rental agreement terminates as provided in the notice subject to the following exceptions: 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. 70-33-410. All lots must have at least enough space for two parked cars. You would be surprised how many potential hazards there are in a mobile home park. In Montana, for all other lease violations, the landlord can serve them a 14-Day Notice to Cure or Vacate. 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. 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. 50, Ch. It also means that many problems can be resolved amicably and efficiently. \tCHa;iZCDm_Z):td:A-<=Gwns8w (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. 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. The most common remedy for a failure to pay rent is a contact action to recover money damages. 70-33-402. 70-33-401. Effective Financing Statement Lien, a lien against specific crops, livestock, and unmanufactured products. The rental agreement terminates as provided in the notice for one or more of the following reasons and subject to the following conditions: The landlord may issue a 3-Day Notice to Quit. You already receive all suggested Justia Opinion Summary Newsletters. (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. (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. A landlord is entitled to payment of the storage costs allowed under this subsection before the tenant may remove the property. 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. 267, L. 2007. 0000113944 00000 n In general, one months worth of rent is a more than adequate security deposit. 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. Five days is the usual amount of time a tenant has after the due date to square his account before there is any penalty. (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. Action for nonpayment of rent tenants counterclaim. The landlord may charge the mobile home owner reasonable removal and storage charges. Tenants failure to maintain lot landlords right to enter and repair. (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; >> History:En. History:En. (2) If one party purposefully uses a rental agreement containing provisions known by that party to be prohibited, the other party may recover, in addition to actual damages, an amount up to 3 months rent. You can update your address by emailing: dorgallatinoffice@mt.gov or by calling 406-582-3400. 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. Weights and Measures P.O. 5-Day Notice to Quit. 70-33-408. A landlord is entitled to payment of the removal and storage costs allowed under subsection (2) before the owner may remove the mobile home. Sec. Disposition of abandoned personal property. 70-33-426. 70-33-424. startxref Fire or casualty damage rights and obligations of tenant. Accidents happen and more often than not, this isnt allowed by law anyway. Please remember that mobile-home parks are private property. 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. However, they are not permitted to perform a retaliatory eviction. Differentiate between lots and other park property so that there is no gray area regarding responsibilities. /Info 96 0 R 39, Ch. 70-33-428. Security deposits shouldnt be ridiculous. 0000000017 00000 n Sec. This one is as much for your own protection as for the information and good of your tenants. (1) The remedies provided by this chapter must be administered so that an aggrieved party may recover appropriate damages. The policy requires (1) notification that an emotional support . Going against the lease / agreement. Sign up for theCapitolizednewsletter and stay up-to-date on the latest legislative developments during the session. 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. A good first step is to have watertight rules in place so that its clear when one party was out of line. Otherwise, your tenants may claim ignorance in defense. 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.. Go to Top. However, the tenant must provide a written notice of their intent and can move out if the landlord fails toaddress it. (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: Dan Paton has been working full-time in this field for over a decade. Electrical, plumbing, gas, water lines, and sewage are all basic human rights. Park regulations must state whether trees on lots should be taken care of by the tenants or the park owner. Retaliatory conduct by landlord prohibited. (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). MONTANA RESIDENTIAL MOBILE HOME LOT RENTAL ACT Part 1. 44, Ch. % Waiver of landlords right to termination. (c) make a reasonable effort to determine if the property is secured or otherwise encumbered; and /Length 857 Is that reasonable? You are expected to provide notification of changes to park rules before they go into effect (usually 30 days) and try to make sure that every occupant sees them. (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. These communities are also known as mobile home parks, trailer courts, and trailer parks (MHP). 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