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. Physical Address. Landlords failure to provide essential services tenants remedies. Go to Top. A mobile-home park just isnt like that.. Another bill sponsored by Sen. Hoven, Senate Bill 362 , would have changed that, with provisions protecting homeowners from retaliatory actions by landlords and providing for an appeal process for residents if a landlord increases rent by more than 3% . The landlord may store the property in a commercial storage company, in which case the storage cost includes the actual storage charge plus the cost of removal of the property to the place of storage. (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; Waiver of landlords right to termination. Refusal of access landlords remedies. The bill is signed by both the buyer and the seller in a compa ny of a notary witness. We already mentioned providing some kind of replacement should services be interrupted. (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; As part of every tenants right to privacy, you will need to make a request before entering their home. 0000130442 00000 n Here is a friendly guide to help you handle these sticky situations. History:En. Sec. Unlawful ouster, exclusion, or diminution of services tenants remedies. Marshals identified the two people arrested Wednesday afternoon following a brief standoff at a Billings West End mobile home park. /ID [<28bf4e5e4e758a4164004e56fffa0108><28bf4e5e4e758a4164004e56fffa0108>] /H [ 1031 930 ] Sec. Think there's a potential news story to be done about a bill or lawmaker you see here? Holdover remedies consent to continued occupancy. /Type /Catalog You should have a written agreement which sets the terms of your lease. 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. Go to Top 70-33-103. 70-33-423. (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. It also means that many problems can be resolved amicably and efficiently. 38, Ch. (k) conviction of the mobile home owner or a tenant of the mobile home owner of a violation of a federal or state law or local ordinance, when the violation is detrimental to the health, safety, or welfare of other tenants or the landlord or manager or the landlords documentation of a violation of the provisions of Title 45, chapter 9, for which the notice period is 14 days; Go to Top. 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. Administration of remedies enforcement agreement. Weights and Measures P.O. 0000093414 00000 n Retaliatory conduct by landlord prohibited. ! " 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. At the start, make sure that every tenant receives a list of the rules and regulations of the park when joining. Agricultural Lien, a lien against goods used or bought for farming or ranching purposes. Your donation funds transparency. Stop Mobile Home Repossession 0000136104 00000 n As a general rule, mobile home owners should be aware that their home can be repossessed only in situations where they do not own the land the vehicle is currently sitting on. (a) the violation of the applicable building or housing code was caused primarily by lack of reasonable care by the tenant, a member of the tenants family, or any other persons on the premises with the tenants consent; Except as provided in subsection (4) of this section, if the tenants noncompliance is purposeful, the landlord may recover treble damages. Often their concerns will help you improve the park in some way or stop further damage and chaos. (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. Going against the lease / agreement. Sec. Questions and comments for the Food and Consumer Safety Section (FCSS) may be sent by clicking on the box above. 119, Ch. Payments that constitute rent are amounts paid specifically as rent are allowed; and. Unconscionability court discretion. Accountability reporting matters. (a) notify the local law enforcement office of the storage; 70-33-431. (1) If the tenant destroys, defaces, damages, impairs, or removes any part of the premises in violation of70-33-321(3), the landlord may terminate the rental agreement upon giving 3 days written notice specifying the noncompliance under the provisions of70-33-321(3). These communities are also known as mobile home parks, trailer courts, and trailer parks (MHP). /L 430972 You may deduct the cost of rent for a mobile home you own if it is your principal residence. 70-33-434. \tCHa;iZCDm_Z):td:A-<=Gwns8w Keep in mind that sometimes it isnt the tenants fault and merely the effects of use over time. 799.31. Sec. Landlords failure to deliver premises tenants remedies. 0000109847 00000 n His bill, he said, is modeled after a law that has been on the books for decades in New Hampshire. x\YoH~7o+-6lM0|V6([XTd*AoU5IQ2JDa!^E:FA^Y6LbOzE67qpt(O"qsewgg"?t@))_lw?tw'22pLR'FvwwM\g@ }Qd/v@pa0QA$L oN';;I~97#U)_$2AzIJ}k4%?v"SQC\VtR9sK:npb1P*l]A }|\V)Gp1>Dx3qn 0000125094 00000 n Mobile-home park owners countered that they believe the sale notice bill interferes with their property rights by making it harder for them to sell their holdings. 470, L. 1993; amd. 97 0 obj 267, L. 2007. 70-33-424. Landlords failure to maintain premises tenants remedies. (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. A mobile home park landlord must "maintain fit premises" (A.R.S. (a) selling the mobile home at a public or private sale; or STEP TWO: Have a Valid Reason for Wanting to Evict a Tenant from Your RV Park. Go to Top. 267, L. 2007. 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. 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. 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. 267, L. 2007. 0000125292 00000 n A writing or recording is not necessary to create the lien provided for in this section. They are not low-income government housing, Groven said. 70-33-427. 70-33-430. 70-33-410. Prohibited provisions damages. (c) has organized or become a member of a tenants union, mobile home park resident association, or similar organization. History:En. House Bill 428, sponsored by Rep. Mike Yakawich, R-Billings, would strengthen several tenant protections for mobile-home owners. Box 200513 Helena, MT 59620 Phone: (406) 444-6880 Email Us. General Provisions; Part 2. Go to Top. 0000001961 00000 n Disposition of abandoned mobile home. # $ % &. 47, Ch. Such laws often define the rights of the mobile home park owner to evict tenants. After rent increases and added water, sewer and garbage fees, she said, her lot payment now averages $595 more than twice as much. Please contact him at edietrich@montanafreepress.org with bug reports, questions or suggestions. We hope that this article will help you run a smooth, neat, safe, and pleasant mobile home park. 0000113944 00000 n The landlord is responsible for ensuring that every tenant has access to their home and to other park facilities. Get free summaries of new opinions delivered to your inbox! >> 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. Unlawful or unreasonable entry by landlord tenants remedies. Landlords push back on pro-tenant, mobile-home park bills. The City Attorney's Office phone number is 608-266-4511. 267, L. 2007. Box 3703 /N 6 70-33-432. trailer Sec. Fire or casualty damage rights and obligations of tenant. (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. 2023 Montana's independent nonprofit news source. O + ' History:En. 3, Ch. The landlord shall remit to the tenant the remaining proceeds, if any, together with an itemized accounting. (2) (a) If the tenant abandons the lot, the landlord shall make reasonable efforts to rent the lot at a fair rental. (1) If the tenant refuses to allow lawful access, the landlord may either obtain injunctive relief to compel access or terminate the rental agreement. A bill of sale. refresh results with search filters open search menu. Many different areas constitute a mobile home park. (b) notify the local law enforcement office of the property held by the landlord; 32, Ch. The Landlord must place the lien on the home within fifteen days after the rent or utilities are thirty days past due. Sec. Tenants will also expect information regarding how and when their security deposits will be returned to them when they move out of the home. /Info 96 0 R Grooming funds are derived from snowmobile gas tax refund and decal fees. Two wolf-related bills will advance to the full House for a vote, while two others are likely dead in process following votes cast by the House Fish, Wildlife and Parks Committee on Feb. 28. 0000131931 00000 n Personal Property Reporting. 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. (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. <>/ExtGState<>/Font<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> (4) Treble damages may not be recovered for the tenants early termination of the tenancy. When the subject of active adult communities comes up, people commonly wonder whether age-restricted communities are actually legal. 70-33-431. Minimal maintenance. 70-33-404. Two possible foundation types exist: Both him and his partner, Dan Leighton, formed EZ Homes back in 2006 and have seen explosive growth ever since. Prohibited provisions damages. (a) terminate the rental agreement upon at least 5 days written notice to the landlord and, upon termination, the landlord shall return all prepaid rent and security; or 70-33-404. (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. Tell us at tips@montanafreepress.org. Tenants failure to maintain lot landlords right to enter and repair. (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. Remedies for absence or abandonment. 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. Usually, committal of a crime is the only circumstance in which you can immediately evict a tenant. >> Noncompliance of tenant generally landlords right of termination damages injunction. 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. Administration of remedies enforcement agreement. Unlawful or unreasonable entry by landlord tenants remedies. (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. (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. Sec. Its also the mobile home park owners responsibility to have a plan in place in case of an emergency. Especially when you have children in the park, which opens a whole can of worms regarding safety. Landlords recovery of possession limited. This Mobile Home Lot Lease Agreement for Montana is for use by a landlord when renting a mobile home lot to a tenant. << 267, L. 2007. Remember that manufactured homes are supposed to be affordable housing and most tenants will be conscientious of their finances. %PDF-1.4 Sec. 48, Ch. How do you get rid of them? said Montana Landlords Association president John Sinrud. The park owner must mail you a "14-day notice" - sent first class mail, with proof of mailing. (b) has complained to the landlord in writing of a violation under70-33-303; or 126 0 obj Montana Snowmobiling Handbook (PDF) /Length 857 (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. (2) Acceptance of full payment of rent due when a claimed breach is something other than the nonpayment of rent does not constitute a waiver of any right. 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. This is the situation described above. 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. All lots must have at least enough space for two parked cars. (2) A right or obligation declared by this chapter is enforceable by action unless the provision declaring it specifies a different and limited effect. Sec. 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. Land rental fees typically include water, sewer, garbage, and recycling pickup. 70-33-428. These big corporations are coming in, buying up mobile home parks and making the once affordable unaffordable, Hill said. Landlords failure to provide essential services tenants remedies. Sec. (4) A tenant does not have rights under this section if the conditions were caused by the act or omission of the tenant, a member of the tenants family, or any other person on the premises with the tenants consent. In Montana, for all other lease violations, the landlord can serve them a 14-Day Notice to Cure or Vacate. 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. Throughout Montana, local jurisdictions have not acknowledged tiny houses despite the fact that the state critically needs affordable housing solutions. Roads are the responsibility of the park. +}7>j>q8X[-.`/7pRw:rRB/c .]#vo*a[LRR`uG|Tx6R=^7EAr?b2,?kndo_ dA\aUMokQ! Your additional gift will help MTFP continue being your eyes and ears in the Capitol. Some parks have many more areas of concern than others. (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. 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. Dont charge overdue fees for late rent. (1) The remedies provided by this chapter must be administered so that an aggrieved party may recover appropriate damages. <> In general, one months worth of rent is a more than adequate security deposit. After satisfaction of the lien, the landlord shall remit to the mobile home owner the remaining proceeds, if any. /Outlines 88 0 R (4) A claim or right arising under this chapter or on a rental agreement, if disputed in good faith, may be settled by agreement. (i) disorderly conduct that results in disruption of the rights of others to the peaceful enjoyment and use of the premises, for which the notice period is 30 days; Also common, though, is a situation in which the landlord owns both the mobile home and the land. (2) If a tenant removes a lock or replaces or adds a lock not supplied by the landlord to the premises and fails to provide a key as required by70-33-312(5), the landlord may either obtain injunctive relief or terminate the rental agreement. (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). 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. (4) If the rental agreement is terminated, the landlord shall return all security recoverable by the tenant pursuant to Title 70, chapter 25. 0000115313 00000 n Knowing your responsibilities and expectations placed on your shoulders is the first step towardsgood residential park management. 97 30 Landlords failure to provide essential services tenants remedies. Usually, rent increases by 10% on a yearly basis to account for inflation and the rising cost of living. History:En. 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