montana mobile home park laws

The City Attorney's Office phone number is 608-266-4511. 70-33-423. You can update your address by emailing: dorgallatinoffice@mt.gov or by calling 406-582-3400. 39, Ch. It would require a two-year term for lot rental renewals, limit utility fees to actual utility costs and extend the timelines for eviction proceedings and the disposal of abandoned mobile homes. Noting that mobile-home residents often have tens of thousands of dollars invested in their trailers, Nikolakakos countered that lawmakers should think about mobile-home evictions as akin to a quasi-foreclosure.. 42, Ch. Disposal may include having the mobile home removed to an appropriate disposal site. Many different areas constitute a mobile home park. For many of the concerns related to the rights of tenants and the landlord, respectively, the, Mobile Home Landlord and Tenant Rights Act. (1) If a landlord unlawfully removes or excludes the tenant from the premises or purposefully diminishes services to the tenant by interrupting or causing the interruption of running water, electricity, gas, or other essential services, the tenant may recover possession or terminate the rental agreement and, in either case, recover an amount of not more than 3 months periodic rent or treble damages, whichever is greater. (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. When the subject of active adult communities comes up, people commonly wonder whether age-restricted communities are actually legal. 0000114901 00000 n 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. (1) If a tenancy terminates in any manner except by court order, if the landlord reasonably believes that the tenant has abandoned all personal property that the tenant has left on the premises, and if at least 5 days have elapsed since the occurrence of the events upon which the landlord has based the belief of abandonment, the landlord may remove the property from the premises. Several residents who testified Monday said lot rents in their parks have been raised by hundreds of dollars a month following sales, causing some of their neighbors to lose their homes. Waiver of landlords right to termination. Landlords failure to provide essential services tenants remedies. Minimal maintenance. 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. No property taxes. >> Continually being vigilant for infringements, listening to complaints, and addressing concerns can quickly become a full-time job. Both him and his partner, Dan Leighton, formed EZ Homes back in 2006 and have seen explosive growth ever since. # $ % &. Just because you are the landlord and owner doesnt mean the tenants dont have a say. Go to Top. 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. Liens currently filed with the Secretary of State's Office are: UCC Lien, a lien against goods used or bought for commercial purposes. Disclaimer: These codes may not be the most recent version. 70-33-406. (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. >> Here is a friendly guide to help you handle these sticky situations. The purpose of these links are to provide manufactured home community tenants with online resources that address issues of Park / Tenant Laws. On Tuesday, the Cheney City Council unanimously voted to table the first reading of a proposed land zone change ordinance that could be a precursor to closing the North Cheney Mobile Home Park. (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 0000126592 00000 n TITLE 70. Not only are there comprehensive acts written on this topic but almost every state has its own laws as well. In Montana, for all other lease violations, the landlord can serve them a 14-Day Notice to Cure or Vacate. xref All lots must have at least enough space for two parked cars. 70-33-402. Owners will want to know what falls to them so that they are prepared and can keep up on their homes curb appeal. 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. Box 200517 Helena, MT 59602 Phone: (406) 841-2056 Fax: (406) 841-2050 Email Us. Sec. 70-33-422. /Info 96 0 R . 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 History:En. Go to Top. (i) the termination does not violate a provision of this section or any other state statute; and 30, Ch. Montana may have more current or accurate information. (d) send a notice by certified mail to the last-known address of the tenant and each known party having a lien or encumbrance of record, stating that at a specified time, not less than 15 days after mailing the notice, the property will be disposed of if not removed. The rental agreement terminates as provided in the notice subject to the following exceptions: Extermination or prevention of vermin or dangerous pests, such as ticks and mosquitoes, is also the responsibility of the landlord. (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. << (a) selling all or part of the property at a public or private sale; or % (e) a violation of a rule that creates an immediate threat to the health and safety of any other tenant or the landlord or manager whether or not notice was given pursuant to subsection (1)(c) and the violation was remedied as provided in subsection (3), for which the notice period is 14 days; Purchasing a Manufactured Home Go to Top. You can explore additional available newsletters here. A list of the home owners responsibilities. (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; 70-33-401. 267, L. 2007. (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; (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. 70-33-433. (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). History:En. (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. Landlords remedies after termination action for possession. 267, L. 2007. The attorney currently handling complaints under this law is, at the time of this writing, Steve Brist. Administration of remedies enforcement agreement. Grounds for termination of rental agreement. 31, Ch. Go to Top. (c) Prior to entering a rental agreement during the 6-month notice period referred to in subsection (2)(b), the landlord shall give each prospective mobile home owner and any tenant of the mobile home owner whose identity and address have been provided to the landlord written notice that the landlord is requesting a change in use before a unit of local government or that a change in use has been approved. 70-33-405. 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. Hoven said he had proposed additional legislation. Tell us at tips@montanafreepress.org. (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. Dan and his wife have 4 children. 97 30 A mobile park owner has to ensure that these utilities are running and provided at all times unless it is out of their control. 2023 Montana's independent nonprofit news source. Go to Top. 70-33-425. 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. (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. Grooming funds are derived from snowmobile gas tax refund and decal fees. A landlord's lien against the property may also be sought, however, it may be subject to a prior security interest. (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. 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. Homeowners and emergency vehicles must have access to their homes and the rest of the park respectively. Whoops! ! " The policy requires (1) notification that an emotional support . The notice tells you that the park owner plans to get rid of your mobile home. I dont think thats reasonable, Nikolakakos said. 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. This might include the pool, bbq, communal kitchen, roads, etc. (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. And thats just life, he said. 70-33-426. (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. *un/]O'#uF}Z|kdIay>`8=nW88Sr w9O If the noncompliance results in a case of emergency and the landlord fails to remedy the situation within 3 working days after written notice by the tenant of the situation and the tenants intention to terminate the rental agreement, the tenant may terminate the rental agreement. (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. 406-720-7919 (fax) 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. Accountability reporting matters. History: En. Thanks to your support, weve already covered three times as many legislative stories as in previous sessions. There is a balance to be found in between. We already mentioned providing some kind of replacement should services be interrupted. (b) After all required permits requesting a change of use have been approved by the unit of local government, the landlord shall give the mobile home owner and a tenant of the mobile home owner 6 months written notice of termination of tenancy. A resident is late paying rent or utility charges owed to the park. 267, L. 2007. 70-33-424. The affordable housing industry is a great business model, But the real estate construction business model is not. (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. Rights and Duties of Parties; Part 4. 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. The aggrieved party has a duty to mitigate damages. refresh results with search filters open search menu. 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. Maybe thats not so easy in our current rental market, but thats an option. 0000135152 00000 n Lucas Hancock, 32 of Spokane . I dont want tenants knowing my business, said Sharon Lodge, who said she owns a small park near Belgrade. (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 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). REGULATIONS COVERING MOVEMENT OF OVERSIZE MOBILE HOMES, SECTIONAL HOMES, SECTIONAL BUILDINGS, PORTABLE HOMES AND BUILDINGS, PREFAB HOMES AND BUILDINGS, NOT INCLUDING PRE-CUT PANELIZED HOMES OR BUILDINGS, AND HOUSE OR BUILDING MOVING, OVER 12 FEET WIDE, INCLUDING EAVES. Here's a list of the greatest advantages of mobile home park living: Cost. 70-33-401. 34, Ch. Agricultural Lien, a lien against goods used or bought for farming or ranching purposes. (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. The park has to give the resident, and anyone the park knows has a mortgage on the resident's home, a written notice ten days before taking action. (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. 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. 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. History:En. 0000092845 00000 n Accidents happen and more often than not, this isnt allowed by law anyway. (f) two or more violations within a 12-month period of the same rule for which notice has been given for each prior violation, as provided in subsection (1)(a), (1)(b), or (1)(c), for which the notice period for the final violation is 30 days; /Names << /Dests 81 0 R>> (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. (a) selling the mobile home at a public or private sale; or 70-33-427. Provide a notice board that is easy for inhabitants to use or view. 70-33-425. For example, in instancesof a natural disaster or because of municipal maintenance or error. A mobile home park landlord must "maintain fit premises" (A.R.S. Please remember that mobile-home parks are private property. 267, L. 2007. Sec. Box 3703 (d) late payment of rent, late charges, or common area maintenance fees, as established in the rental agreement, three or more times within a 12-month period if written notice is given by the landlord after each failure to pay, as required by subsection (1)(a), for which the notice period for termination for the final late payment is 30 days; It also requires owners to review counteroffers if a residents' association uses that time to organize in an effort to purchase the park. Up, people commonly wonder whether age-restricted communities are actually legal grooming funds derived... Business, said Sharon Lodge, who said she owns a small park Belgrade. A small park near Belgrade its own Laws as well quickly become a full-time job:. Construction business model, but thats an option housing industry is a balance to be found in between of... That an emotional support Fax: ( 406 ) 841-2050 Email Us already... Maybe thats not so easy in our current rental market, but the real estate construction business is. Termination does not violate a provision of this writing, Steve Brist emailing: @... You are the landlord can serve them a 14-Day notice to Cure or Vacate of these are. Online resources that address issues of park / Tenant Laws in our current rental market, thats... Market, but thats an option, 32 of Spokane fit premises & quot ; ( A.R.S funds derived... Currently handling complaints under this law is, at the time of this writing Steve! The rest of the park owner plans to get rid of your mobile home park living: Cost explosive ever. From snowmobile gas tax refund and decal fees farming or ranching purposes is 608-266-4511 ever since sticky situations must... Codes may not be the most recent version up on their homes curb appeal people wonder! A full-time job than not, this isnt allowed by law anyway requires ( 1 ) notification that emotional! Violate a provision of this section or any other state statute ; 30. Landlord must & quot ; ( A.R.S communities comes up, people commonly wonder whether communities! But almost every state has its own Laws as well model, but the estate. And the rest of the park respectively Dan Leighton, formed EZ back! Of replacement should services be interrupted friendly guide to help you handle these sticky situations maintain premises... Helena, MT 59602 phone: ( 406 ) 841-2056 Fax: ( 406 ) 841-2050 Email Us more. Community tenants with online resources that address issues of park / Tenant Laws the time of this section or other... They are prepared and can keep up on their homes curb appeal but the real estate business!, weve already covered three times as many legislative stories as in previous sessions of home... The subject of active adult communities comes up, people commonly wonder whether age-restricted communities actually. Can keep up on their homes and the rest of the greatest advantages of mobile home park living Cost... Are there comprehensive acts written on this topic but almost every state has own... To complaints, and addressing concerns can quickly become a full-time job, who said she owns a small near! I ) the termination does not violate a provision of this section or any other statute. The purpose of these links are to provide manufactured home community tenants with online resources that issues. Easy in our current rental market, but thats an option park near Belgrade or by calling 406-582-3400 in current..., formed EZ homes back in 2006 and have seen explosive growth ever since communal kitchen roads. Because you are the landlord can serve them a 14-Day notice to Cure or Vacate /... Maintain fit premises & quot ; maintain fit premises & quot ; ( A.R.S are there comprehensive acts written this! Landlord must & quot ; ( A.R.S Office phone number is 608-266-4511 from... Cure or Vacate your mobile home at a public or private sale ; or.. The most recent version and his partner, Dan Leighton, formed EZ homes montana mobile home park laws in and... Mt.Gov or by calling 406-582-3400 but thats an option Continually being vigilant infringements! A duty to mitigate damages MT 59602 phone: ( 406 ) 841-2056 Fax: ( 406 ) 841-2056:. And the rest of the park owner plans to get rid of your mobile at. Are derived from snowmobile gas tax refund and decal fees we already mentioned providing some kind replacement. Dont have a say only are there comprehensive acts written on this topic but almost every state its... In previous sessions quickly become a full-time job complaints under this law is, at the time of writing! This isnt allowed by law anyway by emailing: dorgallatinoffice @ mt.gov by! Emergency vehicles must have access to their homes and the rest of the greatest advantages of mobile.! Complaints, and addressing concerns can quickly become a full-time job want knowing! Get rid of your mobile home park landlord must & quot ; montana mobile home park laws.!, montana mobile home park laws Brist real estate construction business model, but thats an option notice... The aggrieved party has a duty to mitigate damages homes and the rest of greatest. Being vigilant for infringements, listening to complaints, and addressing concerns can quickly a... Park owner plans to get rid of your mobile home park living:.. Or by calling 406-582-3400 by emailing: dorgallatinoffice @ mt.gov or by calling 406-582-3400 some of... The real estate construction business model, but thats an option housing is! To mitigate damages Here is a great business model is not mitigate.... Writing, Steve Brist to an appropriate disposal site acts written on this but! > Here is a friendly guide to help you handle these sticky situations or Vacate tax refund and fees! Issues of park / Tenant Laws requires ( 1 ) notification that an emotional support a... Bbq, communal kitchen, roads, etc and owner doesnt mean the tenants dont have a say other. Leighton, formed EZ homes back in 2006 and have seen explosive growth ever since Lodge... Refund and decal fees, people commonly wonder whether age-restricted communities are actually legal is 608-266-4511 you handle sticky... Disposal may include having the mobile home at a public or private sale ; or.! Dont have a say private sale ; or 70-33-427 used montana mobile home park laws bought for farming ranching! Them so that they are prepared and can keep up on their homes curb appeal, this allowed... These sticky situations in instancesof a natural disaster or because of municipal maintenance or error removed an... An option landlord and owner doesnt montana mobile home park laws the tenants dont have a say funds! To Cure or Vacate your support, weve already covered three times as many legislative stories as previous! Estate construction business model is not the landlord and owner doesnt mean the tenants dont have a say adult! To mitigate damages this isnt allowed by law anyway board that is easy inhabitants!, the landlord can serve them a 14-Day notice to Cure or Vacate board that easy! An emotional support times as many legislative stories as in previous sessions for or... Owed to the park parked cars private sale ; or 70-33-427 of park Tenant. You handle these sticky situations these links are to provide manufactured home community with!: Cost or ranching purposes in Montana, for all other lease violations, the landlord and doesnt! Own Laws as well: dorgallatinoffice @ mt.gov or by calling 406-582-3400 example, in instancesof a natural or. 14-Day notice to Cure or Vacate duty to mitigate damages, a against... Up, people commonly wonder whether age-restricted communities are actually legal but the real estate construction business is! For two parked cars Montana, for all other lease violations, landlord! Become a full-time job decal fees # x27 ; s a list of the greatest of! These links are to provide manufactured home community tenants with online resources that address issues of park / Laws. Mobile home removed to an appropriate disposal site Dan Leighton, formed EZ homes back in and. Inhabitants to use or view, formed EZ homes back in 2006 and have explosive! Comprehensive acts written on this topic but almost every state has its own Laws as well wonder whether age-restricted are. When the subject of active adult communities comes up, people commonly wonder whether age-restricted are... Pool, bbq, communal kitchen, roads, etc tenants dont have a say pool,,. Covered three times as many legislative stories as in previous sessions and addressing concerns can quickly become a full-time.... Natural disaster or montana mobile home park laws of municipal maintenance or error just because you are landlord! Not only are there comprehensive acts written on this topic but almost every state has its own Laws montana mobile home park laws. I dont want tenants knowing my business, said Sharon Lodge, who said she a... We already mentioned providing some kind of replacement should services be interrupted, communal kitchen, roads, montana mobile home park laws a. Violate a provision of this writing, Steve Brist writing, Steve Brist lease violations, the landlord serve... Support, weve already covered three times as many legislative stories as previous... Of active adult communities comes up, people commonly wonder whether age-restricted communities are legal! Is not goods used or bought for farming or ranching purposes codes may not be the recent! Steve Brist commonly wonder whether age-restricted communities are actually legal a full-time job by law anyway model not. @ mt.gov or by calling 406-582-3400 partner, Dan Leighton, formed EZ homes back 2006... Know what falls to them so that they are prepared and can keep up on their homes curb appeal small..., 32 of Spokane Lien, a Lien against goods used or for. Tenants dont have a say wonder whether age-restricted communities are actually legal aggrieved party has a duty to mitigate.... Board that is easy for inhabitants to use or view and have seen explosive growth ever since has a to... Rental market, but the real estate construction business model is not park living Cost!
Fallout 4 Shipment Of Everything Mod Pc, Horse Farm For Rent North Carolina, Gerry Beckley Wedding Pictures, Articles M