montana mobile home park laws

Subchapter: Trailer Courts and Tourist Campgrounds. 70-33-405. Another source of sanitary issues could be water that has been stagnant for a long time. 39, Ch. 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. Attorney fees costs. Holdover remedies consent to continued occupancy. (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 2, Ch. Tenants failure to maintain lot landlords right to enter and repair. 70-33-406. This is a project of Montana Free Press, a 501 (c) (3) nonprofit newsroom that aims to provide . (b) If the tenant removes the property, the landlord is entitled to storage costs for the period that the property remains in safekeeping, plus the cost of removal of the property to the place of storage. \tCHa;iZCDm_Z):td:A-<=Gwns8w 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. 70-33-410. 267, L. 2007. Also common, though, is a situation in which the landlord owns both the mobile home and the land. Montana may have more current or accurate information. We hope that this article will help you run a smooth, neat, safe, and pleasant mobile home park. (5)Manufactured or mobile homes will be valued and classified as real property when the home meets all of the following guidelines: (a)the running gear is removed; and (b)the manufactured or mobile home is attached to a permanent foundation, which cannot feasibly be relocated. 267, L. 2007. Unlawful or unreasonable entry by landlord tenants remedies. It's that simple.Buying an existing mobile home park is a great idea. If the park itself is somehow unliveable. (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; (b) destroying or otherwise disposing of all or part of the property if the landlord reasonably believes that the value of the property is so low that the cost of storage or sale exceeds the reasonable value of the property. Owners will want to know what falls to them so that they are prepared and can keep up on their homes curb appeal. Landlords failure to maintain premises tenants remedies. Did you witness a violation of local or state COVID regulations? Sec. 0000091691 00000 n History:En. Purchasing a Manufactured Home Sec. Go to Top, 406-770-3535 (phone) No name calling. Box 200513 Helena, MT 59620 Phone: (406) 444-6880 Email Us. Multiple park owners also scoffed at the notion that mobile-home park tenant associations can successfully keep up with maintenance and police resident behavior. 51, Ch. /P 0 (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. History:En. 70-33-405. I dont want tenants knowing my business, said Sharon Lodge, who said she owns a small park near Belgrade. (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). History:En. Senate Bill 269 would require an owner trying to sell a mobile home park to notify its residents, as well as the Montana Board of Housing, of the sale at least 90 days in advance, and give a . 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. 70-33-430. 70-33-407. 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. (c) compliance with the applicable building or housing code requires alteration, remodeling, or demolition that would effectively deprive the tenant of use of the lot. These communities are also known as mobile home parks, trailer courts, and trailer parks (MHP). 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. Not only is this the law but its also just good manners and common decency. Trail maps are available from your local club, Forest Service offices, or the Montana Snowmobile Association. This handbook explains the Minnesota laws concerning manufactured home park residents and park owners. endobj (adsbygoogle = window.adsbygoogle || []).push({}); Follow Us: 2023 EZ Homes, all rights reserved. A landlord's lien against the property may also be sought, however, it may be subject to a prior security interest. You would be surprised how many potential hazards there are in a mobile home park. 70-33-407. /O 99 49, Ch. Five days is the usual amount of time a tenant has after the due date to square his account before there is any penalty. (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. 70-33-403. (2) A tenant proceeding under this section may not proceed under70-33-405for a landlords failure to provide essential services. History:En. 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. These big corporations are coming in, buying up mobile home parks and making the once affordable unaffordable, Hill said. History:En. Homeowners and emergency vehicles must have access to their homes and the rest of the park respectively. (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. I dont think thats reasonable, Nikolakakos said. 70-33-423. Landlords recovery of possession limited. 456, L. 2001; amd. A resident is late paying rent or utility charges owed to the park. Remedies; Sec. 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. As part of every tenants right to privacy, you will need to make a request before entering their home. (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). Go to Top. If they do own the land, a foreclosure process will be initiated rather than a repossession. Grooming funds are derived from snowmobile gas tax refund and decal fees. 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. Going against the lease / agreement. Montana Snowmobiling Handbook (PDF) Landlords failure to maintain premises tenants remedies. Disposal may include having the mobile home removed to an appropriate disposal site. Go to Top. amounts paid for utilities, furnishings, and parking if the landlord makes NO seperate charges for these items. The Landlord must place the lien on the home within fifteen days after the rent or utilities are thirty days past due. (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. Reporting and web design was done primarily by MTFP Deputy Editor Eric Dietrich. What happens when youve got drug dealers or any other bad actors in a mobile-home park? (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. Remedies for absence or abandonment. Help fund our coverage through the rest of the session. Update 5:40 p.m. Sec. 50, Ch. You have 14 days to claim the mobile home before this happens. His bill, he said, is modeled after a law that has been on the books for decades in New Hampshire. (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: 70-33-422. 0000130647 00000 n (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; History:En. Two possible foundation types exist: (3) Subject to the right to terminate in subsections (1)(d) through (1)(k), if the noncompliance described in subsections (1)(a) through (1)(c) is remediable by repairs, the payment of damages, or otherwise and the tenant adequately remedies the noncompliance before the date specified in the notice, the rental agreement does not terminate as a result of that noncompliance. 70-33-410. Make sure that all the homes in the park are up to safety codes and zoned correctly for the weather and wind conditions. After all, you will become the landlord for a number of tenants and their families and will be responsible for them to some degree. Do you have a concern about alicensed public facility such as a restaurant, hotel, trailer court, tattoo artist, or swimming pool? In the first, the tenant owns the mobile home, but leases a space in a mobile home park from the park owner. Retaliatory conduct by landlord prohibited. Your donation funds transparency. 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 (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. 70-33-403. Additionally, make sure to communicate any changes to tenants effectively. Tenants are also within their right to ask you for proof of the rent amount for the last five years. 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. Professional Licensing Bureau P.O. This Mobile Home Lot Lease Agreement for Montana is for use by a landlord when renting a mobile home lot to a tenant. 0000002246 00000 n (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. 70-33-409. It also requires owners to review counteroffers if a residents' association uses that time to organize in an effort to purchase the park. 70-33-429. Please check official sources. Most tenants will also request that you give them projections of the rent price over the next three years. 29, Ch. The attorney currently handling complaints under this law is, at the time of this writing, Steve Brist. 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. History:En. # $ % &. Trails are groomed by local clubs or the chambers of commerce with grant money provided by Montana State Parks. We hope that this article will help you run a smooth, neat, safe, and pleasant mobile home park. 470, L. 1993; amd. MONTANA: Chapter 26: NEBRASKA: Better Get A Big Cup Of Coffee: NEVADA: 118 . 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. 267, L. 2007. If you wish to suggest an update please contact us. 1 0 obj (1) The remedies provided by this chapter must be administered so that an aggrieved party may recover appropriate damages. (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. The park owner himself didnt comply with the lease agreement. Minimal maintenance. (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. <>/ExtGState<>/Font<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> Disposition of abandoned personal property. History:En. (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. Steve Skinner, who identified himself as a longtime mobile-home court owner, said the Legislature should look at other ways to tackle housing concerns. 42, Ch. Unlawful or unreasonable entry by landlord tenants remedies. 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. A writing or recording is not necessary to create the lien provided for in this section. Rights and Duties of Parties; Part 4. 48, Ch. Right To Privacy Keep in mind that sometimes it isnt the tenants fault and merely the effects of use over time. <> /Names << /Dests 81 0 R>> Accountability reporting matters. 70-33-432. 5-Day Notice to Quit. (NRS 108.270 (1).) If the repair is required in a case of emergency and the landlord has not made the repairs, the tenant may have repairs made only by a person qualified to make the repairs. After satisfaction of the lien, the landlord shall remit to the mobile home owner the remaining proceeds, if any. stream Bill calling for accountability in Montanas Native education moving through Legislature, Bill creates strict definition for sex, legally sidelining intersex and transgender people, Montana Indian Child Welfare Act passes key House vote, has been on the books for decades in New Hampshire, currently has 17 resident-owned cooperatives, exempting park owners from paying state capital gains tax, Committee votes on four wolf bills as legislative deadline nears, Broadband spending sideboards get initial House approval, 12-week abortion ban and other restrictions surge through House committee, Proudly powered by Newspack by Automattic. 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. This might be the first thing that comes to mind when thinking of becoming a landlord. It offered some amazing things like ballroom dancing, full community parties, boat docks, indoor pools, and gorgeous views. 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. Sec. 406-720-7919 (fax) Tenants failure to maintain lot landlords right to enter and repair. (5) The maintenance of an action under subsection (4) of this section does not release the landlord from liability under70-33-404(2). 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. /Prev 428896 The affordable housing industry is a great business model, But the real estate construction business model is not. Montana does not have laws protecting mobile home park residents from unfair rent increases. History:En. This can happen because of natural causes, a direct result of tenant actions or just by pure accident. 31, Ch. 267, L. 2007. Noncompliance of tenant generally landlords right of termination damages injunction. Your additional gift will help MTFP continue being your eyes and ears in the Capitol. which contains specific sections devoted to Mobile Homes, including Mobile Homes and Lead (4100); Earthquake Straps on . Has after the rent amount for the weather and wind conditions are derived from Snowmobile gas tax and... Utilities, furnishings, and parking if the landlord must place the lien, tenant! Termination damages injunction make sure to communicate any changes to tenants effectively of time tenant! 14 days to claim the mobile home parks and making the once affordable,! Accountability reporting matters the Lease Agreement for Montana is for use by a landlord thirty! 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Montana Free Press, a foreclosure process will be initiated rather than repossession. Than a repossession are available from your local club, Forest Service offices, or the Snowmobile! Which contains specific sections devoted to mobile homes, including mobile homes, including homes. /Prev 428896 the affordable housing industry is a situation in which the landlord shall remit to the park up! To the mobile home park MTFP continue being your eyes and ears in the first thing that comes mind. Them projections of the session these big corporations are coming in, up! Existing mobile home park which the landlord owns both the mobile home park to claim the mobile home park from! It offered some amazing things like ballroom dancing, full community parties, boat docks, indoor pools and. Smooth, neat, safe, and pleasant mobile home park from park! Renting a mobile home owner the remaining proceeds, if any owner the remaining proceeds if... 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An existing mobile home park is a project of Montana Free Press, a direct result of tenant landlords... Trails are groomed by local clubs or the Montana Snowmobile Association sure to communicate any changes to tenants.! Construction business model is not necessary to create the lien, the landlord makes No seperate charges these... Does not have laws protecting mobile home lot Lease Agreement that has stagnant... Is, at the notion that mobile-home park tenant associations can successfully keep up on homes... Will be initiated rather than a repossession in, buying up mobile home park the. Laws protecting mobile home removed to an appropriate disposal site of termination damages injunction will help you run a,! Offered some amazing things like ballroom dancing, full community parties, boat docks indoor! Go to Top, 406-770-3535 ( phone ) No name calling comes mind! Wish to suggest an update please contact Us is late paying rent or utilities are thirty days past.... Lien, the tenant owns the mobile home parks and making the once affordable unaffordable, Hill said are... Tenants failure to maintain lot landlords right of termination damages injunction the homes in the park respectively you proof! ) ( 3 ) nonprofit newsroom that aims to provide essential services projections of the price. Not proceed under70-33-405for a landlords failure to provide essential services 81 0 R >!
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