98 0 obj They need to read and sign the document. 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. Before you consider evicting a tenant from your RV Park, you must have a good and lawful reason to do so. Please check official sources. 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. Remedies for absence or abandonment. 267, L. 2007. 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. 0000109847 00000 n (a) simplify and clarify the law governing the rental of land to owners of mobile homes and manufactured homes and the rights and obligations of landlords and tenants concerning lot rentals; and (b) encourage landlords and tenants to maintain and improve the quality of housing. 119, Ch. 70-33-427. Go to Top. In Montana, for all other lease violations, the landlord can serve them a 14-Day Notice to Cure or Vacate. 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. Usually, rent increases by 10% on a yearly basis to account for inflation and the rising cost of living. They need to read and sign the document. !EO:)!;z>w:q+DkTE 96K24-]J=_tSJ'R-_Oj%D@"`FHtn0Zu+2rk?4\2/ Nucd Wf(kn]PGdSQG.h2 ,w 1zz>c*ZMK/= Otherwise, your tenants may claim ignorance in defense. Weights and Measures P.O. % (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. Do you have a concern about alicensed public facility such as a restaurant, hotel, trailer court, tattoo artist, or swimming pool? Sec. Dont charge overdue fees for late rent. Sec. 70-33-403. (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. xref (2) (a) If the tenant abandons the lot, the landlord shall make reasonable efforts to rent the lot at a fair rental. endobj (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 landlord must also provide electricity, running water and sewage hookups as defined by the tenancy agreement. 49, Ch. Right To Privacy Landlords failure to maintain premises tenants remedies. 41, Ch. Effective Financing Statement Lien, a lien against specific crops, livestock, and unmanufactured products. (2) A right or obligation declared by this chapter is enforceable by action unless the provision declaring it specifies a different and limited effect. History:En. 0000125292 00000 n 470, L. 1993; amd. endobj 70-33-429. Most tenants will also request that you give them projections of the rent price over the next three years. 0000115313 00000 n Go to Top. Multiple park owners also scoffed at the notion that mobile-home park tenant associations can successfully keep up with maintenance and police resident behavior. 0000091691 00000 n 0 (ii) the landlord has given the mobile home owner or tenant of the mobile home owner a minimum of 90 days written notice of the termination. (c) If there is no rent remaining due after application of this section, judgment must be entered for the tenant in an action for possession. (3) The landlord and tenant may stipulate to a continuance of the hearing beyond the time limit in subsection (2) without the necessity of an undertaking. (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: These laws cover the rights of both the mobile home park owners and their tenants. The City Attorney's Office phone number is 608-266-4511. 8, Ch. This Mobile Home Lot Lease Agreement for Montana is for use by a landlord when renting a mobile home lot to a tenant. Personal Property Reporting. 267, L. 2007. The rental agreement terminates as provided in the notice for one or more of the following reasons and subject to the following conditions: See the. 0000001031 00000 n 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. /O 99 There are two common types of mobile home leases. (2) The landlord shall inventory and store all personal property of the tenant in a place of safekeeping and shall exercise reasonable care for the property. 267, L. 2007. A month-to-month lease? /ID [<28bf4e5e4e758a4164004e56fffa0108><28bf4e5e4e758a4164004e56fffa0108>] 401, L. 1997; amd. Landlords failure to deliver premises tenants remedies. The attorney currently handling complaints under this law is, at the time of this writing, Steve Brist. 267, L. 2007. Sec. Click on your state for information on specific state Tenant / Landlord Laws. Sec. Some parks are exempt if they only had one parking space per lot at the time of opening. 70-33-401. Action for nonpayment of rent tenants counterclaim. 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. 267, L. 2007. Go to Top. (3) Except as otherwise provided in this chapter, the landlord may recover actual damages and obtain injunctive relief for any noncompliance by the tenant with the rental agreement or70-33-321. 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. Mobile home parks, also known as manufactured home parks, are usually subjected to local and state laws. This eviction notice gives the tenant 14 calendar days to fix the issue or move out. (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) 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. According to NeighborWorks Montana, the state currently has 17 resident-owned cooperatives, representing 670 homes in total. History:En. 40, Ch. 12/31/72; AMD, 1982 MAR p. 1098, Eff. We already mentioned providing some kind of replacement should services be interrupted. 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; 70-33-427. 70-33-406. Make sure that all the homes in the park are up to safety codes and zoned correctly for the weather and wind conditions. 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. You're all set! Lucas Hancock, 32 of Spokane . Whoops! Sign up for our free summaries and get the latest delivered directly to you. The notice tells you that the park owner plans to get rid of your mobile home. This is a project of Montana Free Press, a 501 (c) (3) nonprofit newsroom that aims to provide . 70-33-423. Sec. Grounds for termination of rental agreement. (b) a settlement in which a party waives or agrees to forego a claim or right under this chapter or under a rental agreement is unconscionable, the court, in order to avoid an unconscionable result, may refuse to enforce the settlement, may enforce the remainder of the settlement without the unconscionable provision, or may limit the application of any unconscionable provision. A tenant cannot be evicted for revenge. 70-33-422. Go to Top. (b) the tenant is in default in rent; or Insurance is also a must. 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. 3 0 obj %%EOF History: En. You can update your address by emailing: dorgallatinoffice@mt.gov or by calling 406-582-3400. Landlords recovery of possession limited. 5-Day Notice to Quit. 267, L. 2007. Did you witness a violation of local or state COVID regulations? << 37, Ch. 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. (2) If the rental agreement is terminated, the landlord shall return all security recoverable pursuant to Title 70, chapter 25, and any prepaid rent. At the start, make sure that every tenant receives a list of the rules and regulations of the park when joining. (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. In 2021, Montana passed a law that exempts mobile home park sales from capital gains taxes if the homes are sold to park residents. The next is to have a system for collecting complaints and then providing arbitration. Sec. %PDF-1.4 >> Subchapter: Trailer Courts and Tourist Campgrounds. (4) If the mobile home owner, within 15 days after receipt of the notice provided for in subsection (3)(c), responds in writing to the landlord that the owner intends to remove the mobile home from where it is stored and does not do so within 20 days after delivery of the owners response, the mobile home may be conclusively presumed to be abandoned. (m) any legitimate business reason not covered elsewhere in this subsection (1) if the landlord meets the following requirements: 0000114901 00000 n 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. 70-33-424. 267, L. 2007. Montana does not have laws protecting mobile home park residents from unfair rent increases. >> For many of the concerns related to the rights of tenants and the landlord, respectively, the, Mobile Home Landlord and Tenant Rights Act. 70-33-425. (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. Waiver of landlords right to termination. 267, L. 2007. (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. 36, Ch. Dan works heavily in the administrative role within the organization. The following reasons will be good enough and legal to evict someone from your park: Failure to pay rent. Disclaimer: These codes may not be the most recent version. The reason is to have the document notarized, and once it has been, you will then stand as the owner since the bill is a legal binder. History:En. Montana's independent nonprofit news source. Expert reporting and insight from the Montana Capitol, emailed Tuesdays and Fridays. 70-33-402. (3) If the tenants mobile home is damaged or destroyed by fire or casualty to an extent that enjoyment of the mobile home is substantially impaired and70-33-430does not apply, it is the obligation of the mobile home owner to remove the mobile home from the lot within 30 days of the damage or destruction. Go to Top. /Pages 95 0 R 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. And then providing arbitration the issue or move out usually, rent increases Steve. 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