No overly close neighbors. The attorney currently handling complaints under this law is, at the time of this writing, Steve Brist. (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. 43, Ch. Landlords recovery of possession limited. Go to Top, 406-770-3535 (phone) 70-33-409. (b) demand performance of the rental agreement by the landlord and, if the tenant elects, maintain an action for possession of the lot against the landlord or a person wrongfully in possession and recover the actual damages sustained by the tenant. 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. (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. In Montana, for all other lease violations, the landlord can serve them a 14-Day Notice to Cure or Vacate. Other tenants are affected by a bad tenants behavior, not just the owner. Sec. History:En. When the subject of active adult communities comes up, people commonly wonder whether age-restricted communities are actually legal. (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. A landlord's lien against the property may also be sought, however, it may be subject to a prior security interest. Sec. (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. 2023 Montana's independent nonprofit news source. (2) If the rental agreement is terminated, the landlord shall return all security recoverable pursuant to Title 70, chapter 25, and any prepaid rent. If they do own the land, a foreclosure process will be initiated rather than a repossession. 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Unconscionability court discretion. 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. This might be the first thing that comes to mind when thinking of becoming a landlord. Prohibited provisions damages. 799.32. Refusal of access landlords remedies. Yes, Age-Restricted Communities Are Legal. Some parks have many more areas of concern than others. Whoops! 30, Ch. 7/29/1988. Attorney fees costs. (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; Please reload the page and try again. After all, you will become the landlord for a number of tenants and their families and will be responsible for them to some degree. See the. It's that simple.Buying an existing mobile home park is a great idea. Otherwise, your tenants may claim ignorance in defense. 51, Ch. (b) has complained to the landlord in writing of a violation under70-33-303; or Foreclosure can also be treated differently based on your state. 70-33-423. Waiver of landlords right to termination. However, it isimportant to run a safe, peaceful, and profitable mobile home park. 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. The landlord may charge a reasonable storage and labor charge if the property is stored by the landlord, plus the cost of removal of the property to the place of storage. About the 2023 Montana Free Press Capitol Tracker. Thank you for supporting public-service journalism when our state needs it most. 42, Ch. 70-33-434. 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. 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 Unlawful ouster, exclusion, or diminution of services tenants remedies. A right or privilege guaranteed by law cannot be waived. The U.S. A month-to-month lease? (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. 5-Day Notice to Quit. Steve Skinner, who identified himself as a longtime mobile-home court owner, said the Legislature should look at other ways to tackle housing concerns. Provide a notice board that is easy for inhabitants to use or view. <> If the park itself is somehow unliveable. Agricultural Lien, a lien against goods used or bought for farming or ranching purposes. Just because you are the landlord and owner doesnt mean the tenants dont have a say. 267, L. 2007. Well discuss this a little more in the following sections. 70-33-427. (2) Unless otherwise provided in this chapter, the tenant may recover actual damages and obtain injunctive relief for any noncompliance by the landlord with the rental agreement or70-33-303. 97 30 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. Box 200516 Helena, MT 59620 Phone: (406) 841-2056 Fax: (406) 841-2050 Email Us Get your insiders look into what's happening in and around the Capitol. (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. %%EOF initial registration fee - $100,000 x 4% x 11.25%.) Tell us at tips@montanafreepress.org. Additionally, make sure to communicate any changes to tenants effectively. A landlord can place a lien on a mobile home for space rent or unpaid utilities. Disposition of abandoned mobile home. 0000126248 00000 n That means preventing or stopping excessive noise and disturbance. Go to Top. Sec. Fire or casualty damage rights and obligations of tenant. 267, L. 2007. 70-33-432. History:En. 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. 70-33-410. << Remember that manufactured homes are supposed to be affordable housing and most tenants will be conscientious of their finances. MONTANA RESIDENTIAL MOBILE HOME LOT RENTAL ACT Part 1. Box 200517 Helena, MT 59602 Phone: (406) 841-2056 Fax: (406) 841-2050 Email Us. <> 456, L. 2001; amd. The park owner himself didnt comply with the lease agreement. We hope that this article will help you run a smooth, neat, safe, and pleasant mobile home park. Prohibited provisions damages. Remedies for absence or abandonment. Landlords failure to deliver premises tenants remedies. which contains specific sections devoted to Mobile Homes, including Mobile Homes and Lead (4100); Earthquake Straps on . 70-33-426. However, they are not permitted to perform a retaliatory eviction. endobj (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 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. Unlawful or unreasonable entry by landlord tenants remedies. 70-33-432. The landlord shall remit to the tenant the remaining proceeds, if any, together with an itemized accounting. U"lH&W (?@@`e aYU8|T.Q >^U2Wh /hAp;p.fK;G&nAuzblSd/60o|MZX;(t=76+:?TStg9.3. Park regulations must state whether trees on lots should be taken care of by the tenants or the park owner. >> 37, Ch. A resident is late paying rent or utility charges owed to the park. Homeowners and emergency vehicles must have access to their homes and the rest of the park respectively. 70-33-401. 0000113737 00000 n 401, L. 1997; amd. 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. Trails are groomed by local clubs or the chambers of commerce with grant money provided by Montana State Parks. 70-33-410. Knowing your responsibilities and expectations placed on your shoulders is the first step towardsgood residential park management. 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). 267, L. 2007. Please contact him at edietrich@montanafreepress.org with bug reports, questions or suggestions. The park owner or management must send a copy of the notice to the legal owner, each junior lienholder, and the registered owner of the mobile home. Sec. Did you witness a violation of local or state COVID regulations? 0000137401 00000 n Florida is the home of one of the first parks in the country, Parsley Trailer Park. Whatever the case may be, youll need to address the problems quickly. Refusal of access landlords remedies. (c) make a reasonable effort to determine if the property is secured or otherwise encumbered; and 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. 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. History: En. Both him and his partner, Dan Leighton, formed EZ Homes back in 2006 and have seen explosive growth ever since. This might include the pool, bbq, communal kitchen, roads, etc. In the first, the tenant owns the mobile home, but leases a space in a mobile home park from the park owner. Mobile home parks, also known as manufactured home parks, are usually subjected to local and state laws. 2, Ch. Your tax-deductible gift will go directly toward funding the tools and resources that help bring clarity to the inner workings of our state government. 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. 70-33-405. Sec. A dish filled with water sits in the sink at Katelyn Anton's home at Meadowlark Mobile Home Park on Friday in Billings. 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 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. 301 South Park Ave. Helena, MT 59620 Building and Commercial Measurements Bureau P.O. Except as provided in subsection (4) of this section, if the tenants noncompliance is purposeful, the landlord may recover treble damages. 9. Landlords failure to provide essential services tenants remedies. 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