0000091691 00000 n (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. "Resident" means a tenant who has occupied a lot in a park for nine months or more. 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. !EO:)!;z>w:q+DkTE 96K24-]J=_tSJ'R-_Oj%D@"`FHtn0Zu+2rk?4\2/ Nucd Wf(kn]PGdSQG.h2 ,w 1zz>c*ZMK/= (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. 0000115313 00000 n 51, Ch. Lawmakers in the Montana House gave a preliminary thumbs-up to a bill that would expand legislative oversight of the states federally funded broadband internet program, which will likely direct hundreds of millions of dollars to subsidizing rural Montana connectivity in the coming years. Senate Bill 269 would require an owner trying to sell a mobile home park to notify its residents, as well as the Montana Board of Housing, of the sale at least 90 days in advance, and give a . (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). Sec. Accountability reporting matters. 1 0 obj Sec. History:En. According to NeighborWorks Montana, the state currently has 17 resident-owned cooperatives, representing 670 homes in total. Trail maps are available from your local club, Forest Service offices, or the Montana Snowmobile Association. That means preventing or stopping excessive noise and disturbance. This site is protected by reCAPTCHA and the Google, There is a newer version of the Montana Code Annotated, CHAPTER 24 RESIDENTIAL LANDLORD AND TENANT ACT OF 1977. 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. Sec. You would be surprised how many potential hazards there are in a mobile home park. Keep in mind that sometimes it isnt the tenants fault and merely the effects of use over time. Explore Local Montana Manufacturers KIT Custom Homebuilders 128 Floor Plans 1000 Garber Street, Caldwell, ID 83606 (208) 454-5000 States Served: CA, CO, ID, MT, NV, ND, OR, UT, WA, WY Contact Us Shop Homes Fleetwood Homes Nampa 28 Floor Plans 2611 E Comstock Ave, Nampa, ID 83687 (208) 466-2438 States Served: CO, ID, MT, NV, NM, OR, UT, WA, WY This is atricky subject that often calls for very careful handling. (4) The landlord may dispose of the property after complying with subsection (3) by: Here's a list of the greatest advantages of mobile home park living: Cost. The information presented here is collected from a variety of sources including the Montana Legislatures public roster and its official bill-tracking system, the Legislative Automated Workflow System, or LAWS. 0000001961 00000 n Foreclosure can also be treated differently based on your state. Sign up for theCapitolizednewsletter and stay up-to-date on the latest legislative developments during the session. MONTANA RESIDENTIAL MOBILE HOME LOT RENTAL ACT Part 1. 2 0 obj Is that reasonable? *un/]O'#uF}Z|kdIay>`8=nW88Sr w9O 42, Ch. Go to Top. Bills would require advance notice of sales to help community ownership bids, extend eviction timelines. 70-33-409. Just because you are the landlord and owner doesnt mean the tenants dont have a say. The most common remedy for a failure to pay rent is a contact action to recover money damages. 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. (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. (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. History:En. 31, Ch. Maybe thats not so easy in our current rental market, but thats an option. (g) two or more violations of70-33-321(1) within a 12-month period, for which the notice period for the final violation is 14 days; <> These big corporations are coming in, buying up mobile home parks and making the once affordable unaffordable, Hill said. About the 2023 Montana Free Press Capitol Tracker. Example: A HUD home that will be located on a reservation that sells for $100,000, is subject to $450. This one is as much for your own protection as for the information and good of your tenants. Go to Top. 37, Ch. Its also the mobile home park owners responsibility to have a plan in place in case of an emergency. It's that simple.Buying an existing mobile home park is a great idea. Unconscionability court discretion. Additionally, make sure to communicate any changes to tenants effectively. 2023 NicheInvestments LLC. Sec. 70-33-423. Nikolakakos said cooperative land ownership, which is often aided by housing nonprofits such as NeighborWorks Montana, can provide an alternative that keeps mobile-home ownership affordable in the long run. 70-33-408. These laws cover the rights of both the mobile home park owners and their tenants. Landlords failure to maintain premises tenants remedies. 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. Differentiate between lots and other park property so that there is no gray area regarding responsibilities. LIENS. Multiple park owners also scoffed at the notion that mobile-home park tenant associations can successfully keep up with maintenance and police resident behavior. Some parks have many more areas of concern than others. 70-33-433. TITLE 70. Opponents also argued longer lease terms would make it harder for them to pass property tax increases onto residents. I dont want tenants knowing my business, said Sharon Lodge, who said she owns a small park near Belgrade. (6) The landlord is not responsible for any loss to the tenant resulting from storage unless the loss is caused by the landlords purposeful or negligent act, in which case the landlord is liable for actual damages. 0000000017 00000 n Well discuss this a little more in the following sections. Payments that constitute rent are amounts paid specifically as rent are allowed; and. (c) make a reasonable effort to determine if the property is secured or otherwise encumbered; and 114, L. 2003. History:En. Action for nonpayment of rent tenants counterclaim. 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 . initial registration fee - $100,000 x 4% x 11.25%.) P.O. Box 200517 Helena, MT 59602 Phone: (406) 841-2056 Fax: (406) 841-2050 Email Us. Rights and Duties of Parties; Part 4. /O 99 70-33-407. (2) A right or obligation declared by this chapter is enforceable by action unless the provision declaring it specifies a different and limited effect. Landlords push back on pro-tenant, mobile-home park bills. 70-33-404. A good first step is to have watertight rules in place so that its clear when one party was out of line. Dont charge overdue fees for late rent. Residents and affordable housing advocates across the state have raised alarm in recent years about mobile-home parks being sold for redevelopment or to out-of-state owners who saddle residents with aggressive rent increases. Except as provided in subsection (4) of this section, if the tenants noncompliance is purposeful, the landlord may recover treble damages. At the start, make sure that every tenant receives a list of the rules and regulations of the park when joining. 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. /P 0 You also need to know how and when to take action in cases of missed payments. Update 5:40 p.m. A list of the home owners responsibilities. A bill of sale, as explained earlier, is used as proof of purchase of a property, in this case, a mobile home. See the. Disposition of abandoned mobile home. (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; (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. 2023 Personal Property Depreciations Schedules and Trend Tables are now available. 0000135152 00000 n (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. )]qwvA m\mT~{ Qb%U;}p`? (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. Disposition of abandoned mobile home. The attorney currently handling complaints under this law is, at the time of this writing, Steve Brist. 126 0 obj As part of every tenants right to privacy, you will need to make a request before entering their home. All lots must have at least enough space for two parked cars. 70-33-404. Electrical, plumbing, gas, water lines, and sewage are all basic human rights. Go to Top. The notice tells you that the park owner plans to get rid of your mobile home. Please contact him at edietrich@montanafreepress.org with bug reports, questions or suggestions. 389, L. 1995; amd. 70-33-424. 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. Montana Snowmobiling Handbook (PDF) Id. Questions and comments for the Food and Consumer Safety Section (FCSS) may be sent by clicking on the box above. Retaliatory conduct by landlord prohibited. /T 428908 There was an error and we couldn't process your subscription. 267, L. 2007. The landlord is also responsible for ensuring that garbage collection takes place as usual. 301 South Park Ave. Helena, MT 59620 Building and Commercial Measurements Bureau P.O. Mobile home park tenancies have their own special set of laws under Chapter 723 of the Florida Statutes. Prohibited provisions damages. Unlawful or unreasonable entry by landlord tenants remedies. Click on your state for information on specific state Tenant / Landlord Laws. (a) selling all or part of the property at a public or private sale; or Unconscionability court discretion. 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. 0000126592 00000 n /Names << /Dests 81 0 R>> Refusal of access landlords remedies. You also need to be able to find the cause and hold irresponsible tenants liable if they broke park regulations in damaging the property. After all, you will become the landlord for a number of tenants and their families and will be responsible for them to some degree. Other tenants are affected by a bad tenants behavior, not just the owner. 29, Ch. Box 3703 (i) the termination does not violate a provision of this section or any other state statute; and (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. Holdover remedies consent to continued occupancy. In the notice the landlord shall disclose and describe in detail the nature of the change of use. It offered some amazing things like ballroom dancing, full community parties, boat docks, indoor pools, and gorgeous views. TAX LIENS: If real property becomes delinquent and remains so on the day before the first working day in August (August 1, 2022 for 2021 taxes), the County Treasurer must attach a tax lien on the property per MCA 15-17-125, and file the lien with the . 267, L. 2007. Go to Top. A dish filled with water sits in the sink at Katelyn Anton's home at Meadowlark Mobile Home Park on Friday in Billings. Get free summaries of new opinions delivered to your inbox! The attorney helping you can write a letter to the mobile home park saying that the laws haven't been followed, and ask for them to respond. They need to read and sign the document. Fire or casualty damage rights and obligations of tenant. 70-33-425. Purchasing a Manufactured Home Yes, Age-Restricted Communities Are Legal. 0000109847 00000 n Sec. 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. Provide a notice board that is easy for inhabitants to use or view. Landlords failure to maintain premises tenants remedies. Unlawful ouster, exclusion, or diminution of services tenants remedies. 401, L. 1997; amd. Sign up for our free daily newsletter to get unbiased, independent Montana news sent directly to you. We hope that this article will help you run a smooth, neat, safe, and pleasant mobile home park. 70-33-403. Security deposits shouldnt be ridiculous. If not properly looked after and maintained, branches can drop on houses, cars, people or on the road. Disposition of abandoned personal property. Go to Top. Sec. 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