Sign up for our free summaries and get the latest delivered directly to you. 70-33-427. 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. 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. (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 200516 Helena, MT 59620 Phone: (406) 841-2056 Fax: (406) 841-2050 Email Us Retaliatory conduct by landlord prohibited. 70-33-433. 70-33-405. 8, Ch. You may deduct the cost of rent for a mobile home you own if it is your principal residence. Action for nonpayment of rent tenants counterclaim. (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. 70-33-407. (4) Treble damages may not be recovered for the tenants early termination of the tenancy. While mobile-home units can in theory be moved to a new location, thats in practice costly upwards of $10,000, Nikolakakos said and in some cases impossible for older homes that arent in good enough condition to survive a move intact. (2) In an action for rent when the tenant is not in possession, the tenant may counterclaim as provided in subsection (1) but may not be required to pay any rent into court. They need to read and sign the document. 70-33-422. Roads are the responsibility of the park. Landlords remedies after termination action for possession. 4, Ch. Landlords failure to maintain premises tenants remedies. Go to Top. (7) The landlord has a lien on the mobile home and the proceeds of a sale conducted pursuant to subsection (6) for the reasonable costs of removal, storage, notice, sale, or delinquent rent or damages owing on the premises. This might include the pool, bbq, communal kitchen, roads, etc. In either case, the landlord may recover actual damages. The landlord is responsible for ensuring that every tenant has access to their home and to other park facilities. The landlord must send this notice to your "last known address." Sec. Sec. stream 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. Montana's independent nonprofit news source. History:En. 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. This one is as much for your own protection as for the information and good of your tenants. You have 14 days to claim the mobile home before this happens. 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. (5) (a) If the tenant, upon receipt of the notice provided in subsection (3), responds in writing to the landlord on or before the day specified in the notice that the tenant intends to remove the property and does not do so within 7 days after delivery of the tenants response, the tenants property is conclusively presumed to be abandoned. 3 0 obj This doesnt necessarily mean that you need to be friends with every single one of your tenants or that your relationship has to be strictly business. (5) The maintenance of an action under subsection (4) of this section does not release the landlord from liability under70-33-404(2). 70-33-405. Going against the lease / agreement. (2) In an action for possession or unlawful holdover, the provisions of Title 25, chapter 23, apply, except that the time for filing an answer under Rule 4C(2)(b) is 10 days after service of summons and complaint, exclusive of the date of service. 70-33-406. The rental agreement terminates as provided in the notice subject to the following exceptions: Do you have a concern about alicensed public facility such as a restaurant, hotel, trailer court, tattoo artist, or swimming pool? 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. 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. 70-33-409. MobileHome.net has 90 Mobile Homes for Sale in Montana, including manufactured homes, modular homes and foreclosures. Nikolakakos and Yakawich told members of the House Judiciary Committee that mobile-home tenants deserve additional protections because they generally own the homes they live in but not the land beneath them, meaning theyre stuck with their landlords in ways other renters are not. (1) (a) If the rental agreement requires the tenant to give notice to the landlord of an anticipated extended absence in excess of 7 days, as provided for in70-33-322, and the tenant fails to do so, the landlord may recover actual damages from the tenant. 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. 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. Sec. 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. If the tenants holdover is purposeful and not in good faith, the landlord may recover an amount of not more than 3 months rent or treble damages, whichever is greater. O + ' 267, L. 2007. After all, you will become the landlord for a number of tenants and their families and will be responsible for them to some degree. (b) the tenant is in default in rent; or (c) procure reasonable substitute housing during the period of the landlords noncompliance, in which case the tenant is excused from paying rent for the period of the landlords noncompliance. (a) selling the mobile home at a public or private sale; or The sale proceeds are subject to any prior security interest of record. 0000000929 00000 n (2) If the rental agreement is terminated pursuant to subsection (1), the landlord shall return any prepaid rent and all security recoverable pursuant to Title 70, chapter 25. <>/Metadata 118 0 R/ViewerPreferences 119 0 R>> 29, Ch. (h) any violation of70-33-321(3), for which the notice period is as provided in70-33-422(1); Sec. !EO:)!;z>w:q+DkTE 96K24-]J=_tSJ'R-_Oj%D@"`FHtn0Zu+2rk?4\2/ Nucd Wf(kn]PGdSQG.h2 ,w 1zz>c*ZMK/= For specific advice or assistance, residents and park owners may contact the organizations listed here, or a private attorney. (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). 3, Ch. 70-33-422. These laws cover the rights of both the mobile home park owners and their tenants. Extermination or prevention of vermin or dangerous pests, such as ticks and mosquitoes, is also the responsibility of the landlord. History:En. Often their concerns will help you improve the park in some way or stop further damage and chaos. Retaliatory conduct by landlord prohibited. History:En. <>/ExtGState<>/Font<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> 267, L. 2007. If your park is in a zone that experiences hurricanes or tornadoes, you will need to have plans in place for either event. Go to Top. Get your insiders look into what's happening in and around the Capitol. Sign up and take advantage of access to the largest catalogue of legal forms. 70-33-424. (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. 51, Ch. 49, Ch. 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. 267, L. 2007. If you wish to suggest an update please contact us. (c) make a reasonable effort to determine if the property is secured or otherwise encumbered; and All tenants should receive a full copy of the rules and regulations that they can keep with them. 267, L. 2007. Fire or casualty damage rights and obligations of tenant. (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. In either case the tenant may recover actual damages. (b) a violation of a rule other than provided for in subsection (1)(a) that does not create an immediate threat to the health and safety of any other tenant or the landlord or manager, for which the notice period is 14 days; 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. Disposition of abandoned mobile home. The mobile home owner must be provided with a minimum of sixty-days' written notice to sell or remove the home from the park. 70-33-431. (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. So its not right to just do nothing and look away.. Cal. Holdover remedies consent to continued occupancy. 0000126592 00000 n 70-33-427. 70-33-431. (2) (a) An action filed pursuant to subsection (1) in a court must be heard within 20 days after the tenants appearance or the answer date stated in the summons, except that if the rental agreement is terminated because of noncompliance under70-33-321(4), the action must be heard within 5 business days after the tenants appearance or the answer date stated in the summons. 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. 0000000017 00000 n 70-33-404. Most mobile home parks have documents which provide you with a long-term lease, but have language which specifies the rental period is a calendar year with the lot rent . Go to Top. 36, Ch. You already receive all suggested Justia Opinion Summary Newsletters. Differentiate between lots and other park property so that there is no gray area regarding responsibilities. Before you consider evicting a tenant from your RV Park, you must have a good and lawful reason to do so. 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. 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 . Key points to remember: Safety Rent collection Proper eviction practices Update 5:40 p.m. Prohibited provisions damages. (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. (4) If the rental agreement is terminated, the landlord shall return all security recoverable by the tenant pursuant to Title 70, chapter 25. Anton said her family can go as many as three days without water,. 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. )]qwvA m\mT~{ Qb%U;}p`? The landlord may charge the mobile home owner reasonable removal and storage charges. Expert reporting and insight from the Montana Capitol, emailed Tuesdays and Fridays. (b) recover damages based upon the diminution in the fair rental value of the lot; or (1) If the tenant remains in possession without the landlords consent after expiration of the term of the rental agreement or other termination of the rental agreement, the landlord may bring an action for possession. (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. History: En. If the owner cannot after due diligence be found, the remaining proceeds must be deposited in the general fund of the county in which the sale occurred and, if not claimed within 3 years, are forfeited to the county. Another source of sanitary issues could be water that has been stagnant for a long time. # $ % &. (a) notify the local law enforcement office of the storage; (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. Landlords recovery of possession limited. This is a project of Montana Free Press, a 501 (c) (3) nonprofit newsroom that aims to provide . (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. (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. >> 41, Ch. This Mobile Home Lot Lease Agreement for Montana is for use by a landlord when renting a mobile home lot to a tenant. 70-33-425. "Tenant" means the owner or operator of a recreational vehicle who has occupied a lot in a park for more than 30 consecutive . The policy requires (1) notification that an emotional support . For many of the concerns related to the rights of tenants and the landlord, respectively, the Mobile Home Landlord and Tenant Rights Act should be your guide. 70-33-401. 70-33-428. Nikolakakos said cooperative land ownership, which is often aided by housing nonprofits such as NeighborWorks Montana, can provide an alternative that keeps mobile-home ownership affordable in the long run. (NRS 108.270 (1).) 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. 70-33-426. (2) If the rental agreement is terminated, the landlord shall return all security recoverable pursuant to Title 70, chapter 25, and any prepaid rent. All lots must have at least enough space for two parked cars. 0000135152 00000 n (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). Two possible foundation types exist: In Montana, if a tenant commits the same lease violation within a six-month timeframe, the landlord can serve them a 5-Day Notice to . Is that reasonable? Justia Opinion Summary Newsletters Safety rent collection Proper eviction practices update 5:40 p.m your insiders look into what 's in... 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