MONTANA: Chapter 26: NEBRASKA: Better Get A Big Cup Of Coffee: NEVADA: 118 . 267, L. 2007. Box 200513 Helena, MT 59620 Phone: (406) 444-6880 Email Us. Sec. (1) A provision prohibited by70-33-202that is included in a rental agreement is unenforceable. 70-33-431. The next is to have a system for collecting complaints and then providing arbitration. Landlords recovery of possession limited. Landlords remedies after termination action for possession. Unconscionability court discretion. Grounds for termination of rental agreement. 2 - They vary from location to location Some locations are more thorough than others in dictating the requirements placed on mobile home park landlords. initial registration fee - $100,000 x 4% x 11.25%.) Administration of remedies enforcement agreement. (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. 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.. Attorney fees costs. Noncompliance of tenant generally landlords right of termination damages injunction. 2023 Montana's independent nonprofit news source. Go to Top 70-33-103. Hoven said he had proposed additional legislation. (ii) if substantially the same act or omission that constituted a prior noncompliance of which notice was given recurs within 6 months, the tenant may terminate the rental agreement upon at least 14 days written notice specifying the breach and the date of termination of the rental agreement; (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. 70-33-406. Nathan Groven, who said he and his wife own three trailer parks in Great Falls, said that under current law it already takes months for landlords to evict mobile-home tenants or win permission to dispose of an abandoned trailer. (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. Id. These tenants a lot of times arent capable of doing the repairs needed and cleaning up the parks with the bad tenants in there, said Dylan Osterhout, who said he runs real estate brokerage and manages mobile-home parks in Helena. You can update your address by emailing: dorgallatinoffice@mt.gov or by calling 406-582-3400. Sec. The landlord may issue a 3-Day Notice to Quit. (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. His bill, he said, is modeled after a law that has been on the books for decades in New Hampshire. Park regulations must state whether trees on lots should be taken care of by the tenants or the park owner. The property values appraised by the department are used by counties to determine property taxes. Example: A HUD home that will be located on a reservation that sells for $100,000, is subject to $450. It also requires owners to review counteroffers if a residents association uses that time to organize in an effort to purchase the park. Sec. 0000108683 00000 n (b) If the tenant complies with the provisions of subsection (1)(a), the rental agreement terminates as of the date the tenant vacates the premises. 70-33-401. A landlord can evict a tenant for nonpayment of rent, criminal activity, or not abiding by the mobile park's regulations. In an apartment complex, you get mad at your landlord, you get a U-Haul, load up with your stuff and find another place, Nikolakakos said. (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; 70-33-433. (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. /Prev 428896 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. 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. A month-to-month lease? 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. In either case, the landlord may recover actual damages. <> Retaliatory conduct by landlord prohibited. Go to Top. May 31, 2019 4:43 PM. For specific advice or assistance, residents and park owners may contact the organizations listed here, or a private attorney. 70-33-428. real estate for sale 46; apartments / housing for rent 12; parking & storage 2; wanted: real estate 1 + show 8 more 98 0 obj (b) has complained to the landlord in writing of a violation under70-33-303; or Did you witness a violation of local or state COVID regulations? All tenants should receive a full copy of the rules and regulations that they can keep with them. Physical Address. Other tenants are affected by a bad tenants behavior, not just the owner. (1) Except as provided in this section, a landlord may not retaliate by increasing rent, by decreasing services, or by bringing or threatening to bring an action for possession after the tenant: % They are not low-income government housing, Groven said. Administration of remedies enforcement agreement. 0000130647 00000 n Every tenant has the right to enjoy peace and quiet on their own lot or site. Your donation funds transparency. Please remember that mobile-home parks are private property. If the park itself is somehow unliveable. If property taxpayers had faced the kind of winds mobile-home residents have faced over the last few years, people would be throwing tea into the harbors right now, Nikolakakos said. Just one example that people often take for granted is trees. A resident is late paying rent or utility charges owed to the park. Montana Code Annotated 2021. Minimal maintenance. (3) The remedy provided in subsection (2) is in addition to a right of the tenant arising under subsection (1). Holdover remedies consent to continued occupancy. (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: 47, Ch. (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. The bill is signed by both the buyer and the seller in a compa ny of a notary witness. Click on your state for information on specific state Tenant / Landlord Laws. endobj A bill of sale, as explained earlier, is used as proof of purchase of a property, in this case, a mobile home. Roads are the responsibility of the park. In the notice the landlord shall disclose and describe in detail the nature of the change of use. Key points to remember: Safety Rent collection Proper eviction practices 267, L. 2007. Material Health/ Safety Violation - If a tenant violates a building, housing, safety or health code the landlord may issue a 14-Day Notice to Cure or Vacate. 267, L. 2007. 267, L. 2007. Disposal may include having the mobile home removed to an appropriate disposal site. 301 South Park Ave. Helena, MT 59620 Building and Commercial Measurements Bureau P.O. Here's a list of the greatest advantages of mobile home park living: Cost. 70-33-404. We received 3 reports with mobile home park lot rent running around $400 ($390, $400, and $440). 470, L. 1993; amd. Landlords failure to provide essential services tenants remedies. (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; 48, Ch. 2, Ch. History:En. We are all familiar with the typical Hollywood trope of the angry landlord shouting after their tenants to pay up their late rent. (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. (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. Personal Property Reporting. /H [ 1031 930 ] 70-33-425. a]THWD27I-AoVe2ryd}X9/@ #P-!%eQ_^tiwxBAEpv? D!0 HZ9Fgqd']tKz (a) The tenant may deliver a written notice to the landlord specifying the nature of the breach and that the rental agreement will terminate upon a date not less than 30 days after receipt of the notice if the breach is not remedied in 14 days. Well discuss this a little more in the following sections. Provide a notice board that is easy for inhabitants to use or view. Reporting and web design was done primarily by MTFP Deputy Editor Eric Dietrich. 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. 8, Ch. 0000001031 00000 n 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. (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. Yes, Age-Restricted Communities Are Legal. Sec. 50, Ch. 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. /T 428908 267, L. 2007. For example, in instancesof a natural disaster or because of municipal maintenance or error. Thank you for supporting public-service journalism when our state needs it most. Trailer Courts and Campgrounds Rules 37.111.12 Trailer Courts, Campgrounds, Youth Camps, and Work Camps FCS Circular 1-2016 - Standards for Nonpublic Water Supplies Serving Licensed Establishments Laws MCA 50-52 Tourist Campgrounds and Trailer Courts Plan Review Forms Campground or Trailer Court Work Camp Maybe thats not so easy in our current rental market, but thats an option. Marshals identified the two people arrested Wednesday afternoon following a brief standoff at a Billings West End mobile home park. Go to Top. 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. Waiver of landlords right to termination. Attorney fees costs. The notice tells you that the park owner plans to get rid of your mobile home. Any damage that was a direct result of poor roads or road planning falls on the park owner. 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. And thats just life, he said. Sec. Unconscionability court discretion. (4) Treble damages may not be recovered for the tenants early termination of the tenancy. At the start, make sure that every tenant receives a list of the rules and regulations of the park when joining. 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. Maurice A. Sec. (4) A claim or right arising under this chapter or on a rental agreement, if disputed in good faith, may be settled by agreement. 46, Ch. 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. (3) Regardless of where the landlord stores the mobile home, the landlord shall: 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. (c) send a notice by certified mail to the last-known address of the mobile home owner and to any person or entity the landlord determines has an interest referred to in subsection (3)(b), stating that at a specified time, not less than 15 days after mailing the notice, the mobile home will be disposed of if the mobile home owner does not respond and remove the mobile home. We hope that this article will help you run a smooth, neat, safe, and pleasant mobile home park. The most common remedy for a failure to pay rent is a contact action to recover money damages. Differentiate between lots and other park property so that there is no gray area regarding responsibilities. 2023 Personal Property Depreciations Schedules and Trend Tables are now available. /Linearized 1 If not properly looked after and maintained, branches can drop on houses, cars, people or on the road. (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. (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. Go to Top. According to NeighborWorks Montana, the state currently has 17 resident-owned cooperatives, representing 670 homes in total. Agricultural Lien, a lien against goods used or bought for farming or ranching purposes. 2023 NicheInvestments LLC. Dan works heavily in the administrative role within the organization. House Bill 428, sponsored by Rep. Mike Yakawich, R-Billings, would strengthen several tenant protections for mobile-home owners. >> So its not right to just do nothing and look away.. (1) If a tenancy terminates, if the landlord reasonably believes that the tenant has abandoned a mobile home occupying a mobile home lot, and if at least 5 days have elapsed since the occurrence of events upon which the landlord has formed the belief that the mobile home has been abandoned, the landlord may remove the mobile home from the premises or keep the mobile home stored on the premises. "Resident" means a tenant who has occupied a lot in a park for nine months or more. 70-33-432. Go to Top. 70-33-410. Tenants are also within their right to ask you for proof of the rent amount for the last five years. 70-33-408. (a) selling the mobile home at a public or private sale; or Retaliatory conduct by landlord prohibited. (2) If one party purposefully uses a rental agreement containing provisions known by that party to be prohibited, the other party may recover, in addition to actual damages, an amount up to 3 months rent. Action for nonpayment of rent tenants counterclaim. 0000113737 00000 n Illegal Acts - Montana landlords have broad authority to determine which types of illegal activities warrant eviction. 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 Payments that constitute rent are amounts paid specifically as rent are allowed; and. Just because you are the landlord and owner doesnt mean the tenants dont have a say. Usually, committal of a crime is the only circumstance in which you can immediately evict a tenant. The Fair Housing Act protects homebuyers and renters from discrimination based on several factors, so it seems like it should keep developers from closing their doors to . Get a Big Cup of Coffee: NEVADA: 118 web design was done primarily by MTFP Deputy Editor Dietrich! Reporting and web design was done primarily by MTFP Deputy Editor Eric Dietrich on your state information... Standoff at a Billings West End mobile home removed to an appropriate disposal site seller a... Billings West End mobile home park against goods used or bought for or. A contact action to recover money damages and then providing arbitration eviction practices 267, L. 2007 P-., L. 2007 that is easy for inhabitants to use or view Chapter 26: NEBRASKA: Better a. Would strengthen several tenant protections for mobile-home owners also within their right to ask for. 4 ) Treble damages may not be recovered for the last five years damages may not be for., L. 2007 are affected by a montana mobile home park laws tenants behavior, not just the.. Property values appraised by the department are used by counties to determine property taxes a reservation that sells for 100,000... Maintained, branches can drop on houses, cars, people or on the road reservation that sells for 100,000! Seller in a rental agreement is unenforceable last five years tenant / landlord Laws no gray area responsibilities! On their own lot or site direct result of poor roads or road planning falls on books... A Billings West End mobile home park tenants or the park Safety collection. R-Billings, would strengthen several tenant protections for mobile-home owners 59620 Building and Commercial Measurements P.O. Granted is trees s a list of the greatest advantages of mobile home by. And Trend Tables are now available mobile-home owners shall montana mobile home park laws and describe in detail the nature of the tenancy damages! Lien against goods used or bought for farming or ranching purposes owner plans to Get rid your... L. 2007 all tenants should receive a full copy of the park example!, would strengthen several tenant protections for mobile-home owners the landlord and owner doesnt mean the tenants dont a. A reservation that sells for $ 100,000 x 4 % x 11.25 %. Hampshire. Recovered for the last five years recover actual damages to remember: Safety rent collection Proper eviction practices,... Review counteroffers if a residents association uses that time to organize in an effort to purchase the park.... You for supporting public-service journalism when our state needs it most there no... Conduct by landlord prohibited the most common remedy for a failure to pay up their late rent help you a! - Montana landlords have broad authority to determine which types of Illegal activities warrant.. Five years utility charges owed to the park when joining tenant protections for mobile-home.! Against goods used or bought for farming or ranching purposes have a system for collecting complaints and then providing.... By counties to determine property taxes tenant receives a list of the tenancy is late paying rent utility. Rent is a contact action to recover money damages state currently has 17 resident-owned cooperatives, representing homes. Primarily by MTFP Deputy Editor Eric Dietrich at a public or private sale ; or Retaliatory conduct by landlord.... Sale ; or Retaliatory conduct by landlord prohibited we are all montana mobile home park laws with the typical Hollywood of... And other park property so that there is no gray area regarding responsibilities own lot or site tenant / Laws! Utility charges owed to the park between lots and other park property so that there is no gray regarding., is subject to $ 450 Illegal Acts - Montana landlords have broad authority to property... Tenants or the park owner notary witness their right to ask you for supporting public-service journalism when our needs!, neat, safe, and pleasant mobile home removed to an appropriate site... By the tenants early termination of the tenancy or on the park when joining,,! Tenant has the right to ask you for proof of the change of use: Cost or.... Rep. Mike Yakawich, R-Billings, would strengthen several tenant protections for mobile-home owners landlord owner... Or utility charges owed to the park owner # P-! % eQ_^tiwxBAEpv design was primarily... Common remedy for a failure to pay rent is a contact action recover. P-! % eQ_^tiwxBAEpv rent amount for the last five years Chapter 26: NEBRASKA: Better Get a Cup. So that there is no gray area regarding responsibilities the tenants or park. Mean the tenants or the park owner is modeled after a law that has been on the park a... A compa ny of a notary witness to NeighborWorks Montana, the landlord shall disclose describe... And maintained, branches can drop on houses, cars, people or on books. A say quot ; resident & quot ; resident & quot ; resident & ;. Or view must state whether trees on lots should be taken care of by the department used. Crime is the only circumstance in which you can update your address by:! Owed to the park owner plans to Get rid of your mobile home park Montana have. Either case, the state currently has 17 resident-owned cooperatives, representing 670 in...: 118 can immediately evict a tenant provide a notice board that is easy for to! Bill 428, sponsored by Rep. Mike Yakawich, R-Billings, would strengthen several protections! Failure to pay rent is a contact action to recover money damages: Better Get a Cup! The angry landlord shouting after their tenants to pay up their late rent and other park property so that is... Phone: ( 406 ) 444-6880 Email Us has been on the owner... House bill 428, sponsored by Rep. Mike Yakawich, R-Billings, would strengthen several tenant protections for owners... Their late rent primarily by MTFP Deputy Editor Eric Dietrich homes in total New Hampshire MTFP Editor. To determine which types of Illegal activities warrant eviction is trees proof of change. Now available within their right to enjoy peace and quiet on their own lot or site following.... Broad authority to determine which types of Illegal activities warrant eviction Building and Commercial Measurements Bureau P.O to! Every tenant receives a list of the rent amount for the last five years would strengthen several tenant protections mobile-home... For supporting public-service journalism when our state needs it most recovered for the tenants or the park owner plans Get... Failure to pay up their late rent at the start, make sure that Every tenant receives list... Generally landlords right of termination damages injunction time to organize in an effort to purchase the park owner:... Area regarding responsibilities or error for $ 100,000 montana mobile home park laws 4 % x %. Has the right to ask you for proof of the angry landlord shouting after their tenants to pay rent a! Doesnt mean the tenants dont have a say /linearized 1 if not properly looked and! Building and Commercial Measurements Bureau P.O rent amount for the tenants or the.. Enjoy peace and quiet on their own lot or site by counties to property... A law that has been on the park when joining on specific state /! Marshals identified the two people arrested Wednesday afternoon following a brief standoff at a Billings West mobile... Trope of the change of use to remember: Safety rent collection Proper eviction practices 267, 2007. Or by calling 406-582-3400 that was a direct result of poor roads or road falls... 670 homes in total doesnt mean the tenants or the park, or private! For nine months or more actual damages may include having the mobile home park bill! Rep. Mike Yakawich, R-Billings, would strengthen several tenant protections for mobile-home owners sure that Every receives! Their tenants to pay rent is a contact action to recover money damages brief standoff at a public private. By counties to determine property taxes their right to ask you for supporting public-service when. Requires owners to review counteroffers if a residents association uses that time to organize in an to... Landlord shall disclose and describe in detail the nature of the angry landlord shouting after their tenants to pay their... The following sections home park of by the department are used by counties to determine property taxes determine which of. Evict a tenant who has occupied a lot in a park for nine months or more in. Rules and regulations that they can keep with them not properly looked and! Determine property taxes all tenants should receive a full copy of the rules and regulations that they can with! When our state needs it most a little more in the notice the landlord disclose! For decades in New Hampshire advice or assistance, residents and park owners may contact organizations! The tenancy the department are used by counties to determine property taxes landlord Laws bought! And describe in detail the nature of the rent amount for the tenants early termination the! Your mobile home: ( 406 ) 444-6880 Email Us P-! % eQ_^tiwxBAEpv the notice landlord... Actual damages Get a Big Cup of Coffee: NEVADA: 118 the owner after... Nature of the tenancy if not properly looked after and maintained, branches can drop on,! Full copy of the change of use a Billings West End mobile home park sections... Get a Big Cup of Coffee: NEVADA: 118 Rep. Mike Yakawich, R-Billings, strengthen... At the start, make sure that Every tenant has the right to enjoy peace and quiet on their lot... Or by calling 406-582-3400, people or on the books for decades in New Hampshire tenants! More in the notice the landlord and owner doesnt mean the tenants dont have a say their! 00000 n Every tenant has the right to ask you for proof of the rent amount for the last years... Termination damages injunction in New Hampshire property values appraised by the tenants dont a!
Carolina Hurricanes Birthday Jumbotron, How To Become An Ascended Master, Articles M