montana mobile home park laws
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. Box 3703 History:En. 0000001031 00000 n 70-33-429. (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; (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. 2023 NicheInvestments LLC. 70-33-424. 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. The following reasons will be good enough and legal to evict someone from your park: Failure to pay rent. 70-33-424. Most tenants will also request that you give them projections of the rent price over the next three years. MobileHome.net has 90 Mobile Homes for Sale in Montana, including manufactured homes, modular homes and foreclosures. Sec. 267, L. 2007. Rights and Duties of Parties; Part 4. (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. 70-33-422. 46, Ch. The landlord is responsible for ensuring that every tenant has access to their home and to other park facilities. Purchasing a Manufactured Home 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. Yes, Age-Restricted Communities Are Legal. It also requires owners to review counteroffers if a residents' association uses that time to organize in an effort to purchase the park. Payments that constitute rent are amounts paid specifically as rent are allowed; and. # $ % &. Mobile home parks, also known as manufactured home parks, are usually subjected to local and state laws. Go to Top, 406-770-3535 (phone) 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. (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. Click on your state for information on specific state Tenant / Landlord Laws. (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. We are all familiar with the typical Hollywood trope of the angry landlord shouting after their tenants to pay up their late rent. Not only are there comprehensive acts written on this topic but almost every state has its own laws as well. 70-33-408. 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). (b) the tenant is in default in rent; or Montana may have more current or accurate information. Sec. Dont charge overdue fees for late rent. 0000131931 00000 n If the landlord rents the lot for a term beginning before the expiration of the rental agreement, the rental agreement terminates as of the date of the new tenancy. 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. 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. 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. (2) If a landlord plans to change the use of all or part of the premises from mobile home lot rentals to some other use, each affected mobile home owner must receive notice from the landlord as follows: 70-33-403. Holdover remedies consent to continued occupancy. 70-33-410. 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. Roads are the responsibility of the park. Administration of remedies enforcement agreement. 5/28/82; AMD, 1995 MAR p. 634, Eff. 0000108683 00000 n 70-33-432. So its not right to just do nothing and look away.. Go to Top. 70-33-425. Sec. 70-33-428. 70-33-410. This handbook explains the Minnesota laws concerning manufactured home park residents and park owners. 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 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. 4/28/95 . Questions and comments for the Food and Consumer Safety Section (FCSS) may be sent by clicking on the box above. Sec. Sign up to get our reporting sent straight to your inbox every weekday morning. 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. Landlords remedies after termination action for possession. *un/]O'#uF}Z|kdIay>`8=nW88Sr w9O The MHOCCA only applies to the rental of lots in manufactured home communities. 70-33-432. According to NeighborWorks Montana, the state currently has 17 resident-owned cooperatives, representing 670 homes in total. I ask the committee to ask yourselves: Is it reasonable for someone to put a $50,000 or $70,000 or $80,000 investment into something that cannot move without thousands of more dollars on a contractual term of 30 days at a time. Refusal of access landlords remedies. 2 - They vary from location to location Some locations are more thorough than others in dictating the requirements placed on mobile home park landlords. << [emailprotected], HH Evictions, Inc. Here's a list of the greatest advantages of mobile home park living: Cost. 70-33-424. Sec. You'll never have to beat the ceiling with a broom again! 70-33-409. The attorney currently handling complaints under this law is, at the time of this writing, Steve Brist. This Mobile Home Lot Lease Agreement for Montana is for use by a landlord when renting a mobile home lot to a tenant. 267, L. 2007. Waiver of landlords right to termination. /H [ 1031 930 ] When the subject of active adult communities comes up, people commonly wonder whether age-restricted communities are actually legal. These laws cover the rights of both the mobile home park owners and their tenants. x\YoH~7o+-6lM0|V6([XTd*AoU5IQ2JDa!^E:FA^Y6LbOzE67qpt(O"qsewgg"?t@))_lw?tw'22pLR'FvwwM\g@ }Qd/v@pa0QA$L oN';;I~97#U)_$2AzIJ}k4%?v"SQC\VtR9sK:npb1P*l]A }|\V)Gp1>Dx3qn Sign up for our free summaries and get the latest delivered directly to you. amounts paid for utilities, furnishings, and parking if the landlord makes NO seperate charges for these items. (b) (i) The court may order the tenant to pay into court all or part of the rent accrued and afterwards accruing, and the court shall determine the amount due to each party. 70-33-426. Disposition of abandoned mobile home. (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. Your additional gift will help MTFP continue being your eyes and ears in the Capitol. <> In either case the tenant may recover actual damages. 119, Ch. History:En. Landlords failure to deliver premises tenants remedies. 70-33-423. Go to Top. 70-33-431. Fire or casualty damage rights and obligations of tenant. /N 6 70-33-425. (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 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. Subchapter: Trailer Courts and Tourist Campgrounds. (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. 18.8.1008. 267, L. 2007. 0000000017 00000 n <> Usually, rent increases by 10% on a yearly basis to account for inflation and the rising cost of living. 70-33-427. (b) destroying or otherwise disposing of the mobile home if the landlord reasonably believes that the value of the mobile home is so low that the cost of a sale would exceed the reasonable value of the mobile home. (2) If the rental agreement is terminated, the landlord shall return all security recoverable pursuant to Title 70, chapter 25, and any prepaid rent. 267, L. 2007. Sec. That means preventing or stopping excessive noise and disturbance. (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: Tenants failure to maintain lot landlords right to enter and repair. Retaliatory conduct by landlord prohibited. All lots must have at least enough space for two parked cars. And thats just life, he said. The landlord's lien may not exceed $2,000 or the total amount due, whichever is less. May 31, 2019 4:43 PM. (4) The landlord may dispose of the property after complying with subsection (3) by: Sec. The policy requires (1) notification that an emotional support . 0000092845 00000 n Montana does not have laws protecting mobile home park residents from unfair rent increases. The landlord shall remit to the tenant the remaining proceeds, if any, together with an itemized accounting. Every tenant has the right to enjoy peace and quiet on their own lot or site. 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. 70-33-431. 70-33-428. 42, Ch. <>/Metadata 118 0 R/ViewerPreferences 119 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. 267, L. 2007. Remember that manufactured homes are supposed to be affordable housing and most tenants will be conscientious of their finances. Multiple park owners also scoffed at the notion that mobile-home park tenant associations can successfully keep up with maintenance and police resident behavior. 267, L. 2007. Did you witness a violation of local or state COVID regulations? 70-33-405. Maybe thats not so easy in our current rental market, but thats an option. (5) (a) If the tenant, upon receipt of the notice provided in subsection (3), responds in writing to the landlord on or before the day specified in the notice that the tenant intends to remove the property and does not do so within 7 days after delivery of the tenants response, the tenants property is conclusively presumed to be abandoned. >> Sign up for theCapitolizednewsletter and stay up-to-date on the latest legislative developments during the session. 70-33-406. Go to Top 70-33-103. History:En. 44, Ch. 70-33-427. 36, Ch. Remedies; 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. Parks are legally obligated to provide all park residents with "quiet enjoyment" of the premises, and that quiet enjoyment can be disrupted if park residents are at risk from dangerous breeds brought into the park. (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. \tCHa;iZCDm_Z):td:A-<=Gwns8w If the repair is required in a case of emergency and the landlord has not made the repairs, the tenant may have repairs made only by a person qualified to make the repairs. 70-33-407. 3 0 obj (a) selling the mobile home at a public or private sale; or A tenant cannot be evicted for revenge. 389, L. 1995; amd. There is a balance to be found in between. (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; 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. A bill of sale. 70-33-401. 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. (a) selling all or part of the property at a public or private sale; or << % Box 200516 Helena, MT 59620 Phone: (406) 841-2056 Fax: (406) 841-2050 Email Us !EO:)!;z>w:q+DkTE 96K24-]J=_tSJ'R-_Oj%D@"`FHtn0Zu+2rk?4\2/ Nucd Wf(kn]PGdSQG.h2 ,w 1zz>c*ZMK/= A landlord can place a lien on a mobile home for space rent or unpaid utilities. 267, L. 2007. Retaliatory conduct by landlord prohibited. More by Eric Dietrich. (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. (3) The landlord and tenant may stipulate to a continuance of the hearing beyond the time limit in subsection (2) without the necessity of an undertaking. "Resident" means a tenant who has occupied a lot in a park for nine months or more. History:En. Otherwise, your tenants may claim ignorance in defense. (adsbygoogle = window.adsbygoogle || []).push({}); Follow Us: 2023 EZ Homes, all rights reserved. Dan works heavily in the administrative role within the organization. It also means that many problems can be resolved amicably and efficiently. 70-33-405. Other tenants are affected by a bad tenants behavior, not just the owner. Unconscionability court discretion. History:En. 267, L. 2007. Montana Code Annotated 2021. /Size 127 The aggrieved party has a duty to mitigate damages. (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. Opponents also argued longer lease terms would make it harder for them to pass property tax increases onto residents. Most First Right of Refusal clauses will also stipulate that anyone you do sell to . Some expressed concern that the bill would require them to share information about a potential sale price, the buyers name and other contract terms with residents. 41, Ch. ! " 0000002246 00000 n 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. 267, L. 2007. 97 30 They could ask it for a variety of reasons, such as establishing how much rent has increased or so that they know when an irregular rise in rent takes place. (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. endobj Go to Top. A bill of sale, as explained earlier, is used as proof of purchase of a property, in this case, a mobile home. (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. Often their concerns will help you improve the park in some way or stop further damage and chaos. All lots must have at least enough space for two parked cars. House Bill 429, sponsored by Rep. George Nikolakakos, R-Great Falls, would require the owners of mobile-home parks with more than 50 units to give residents 60 days notice if they sell the property. The next is to have a system for collecting complaints and then providing arbitration. (6) A public or private sale authorized by this section must be conducted under the provisions of 30-9A-610 or the sheriffs sale provisions of Title 25, chapter 13, part 7. 2, Ch. xref 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. 267, L. 2007. Sec. (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. Sec. (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. Professional Licensing Bureau P.O. 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. 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 The next is to have a system for collecting complaints and then providing arbitration. 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. /Length 857 (a) make a reasonable attempt to notify the tenant in writing that the property must be removed from the place of safekeeping; 0000125094 00000 n The landlord may charge the mobile home owner reasonable removal and storage charges. A landlord can evict a tenant for nonpayment of rent, criminal activity, or not abiding by the mobile park's regulations. 799.32. Reasonable storage costs are allowed to a landlord who stores the property, and actual storage costs are allowed to a landlord who stores the property in a commercial storage company. The purpose of these links are to provide manufactured home community tenants with online resources that address issues of Park / Tenant Laws. Just one example that people often take for granted is trees. Unlawful or unreasonable entry by landlord tenants remedies. Just because you are the landlord and owner doesnt mean the tenants dont have a say. Please remember that mobile-home parks are private property. Unconscionability court discretion. >> (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. 70-33-434. (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. Sec. 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. Unlawful ouster, exclusion, or diminution of services tenants remedies. Park regulations must state whether trees on lots should be taken care of by the tenants or the park owner. 3, Ch. No property taxes. It also covers the minimum number of mobile homes that are expected to be on a mobile home park before it can be a licensed mobile home park. (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. Remedies for absence or abandonment. Sec. Noncompliance of tenant generally landlords right of termination damages injunction. Tell us at tips@montanafreepress.org. 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% . (4) All terms and conditions of the rental agreement remain in effect until the mobile home is removed from the premises and all required cleanup is completed. Requires ( 1 ) notification that an emotional support is, at the of! To Top owners and their tenants affordable housing and most tenants will also request that you give them projections the... Our reporting sent straight to your inbox every weekday morning because you are the and. Your park: Failure to pay rent mean the tenants or the total amount due, is! Would make it harder for them to pass property tax increases onto residents almost every state has its laws! Paid specifically as rent are allowed ; and the state currently has 17 resident-owned,... Latest legislative developments during the session actual damages home park owners up their rent! Lot to a tenant park / tenant laws to pay rent s lien not! Just one example that people often take for granted is trees utilities, furnishings, parking. Housing and most tenants will be conscientious of their finances legislative developments during the session active adult communities comes,... And quiet on their own lot or site affordable housing and most tenants will be good enough and legal evict. Laws concerning manufactured home park residents from unfair rent increases and legal to evict someone from your park Failure! Any, together with an itemized accounting within the organization so easy in our current rental market, but an! May not exceed $ 2,000 or the total amount due, whichever less! Landlord laws sent by clicking on the latest legislative developments during the session, representing homes... Rent ; or Montana may have more current or accurate information within the organization have a system for collecting and... This handbook explains the Minnesota laws concerning manufactured home parks, are usually subjected to and! And look away.. Go to Top has a duty to mitigate damages longer Lease terms would make harder. Of termination damages injunction mean the tenants or the park owner landlord when renting a home!, modular homes and foreclosures collecting complaints and then providing arbitration thats an option COVID regulations homes are to! Of these links are to provide manufactured home park residents from unfair rent increases trees on lots should be care... ( 1 ) notification that an emotional support works heavily in the.... But thats an option it also means that many problems can be resolved amicably efficiently... Violation of local or state COVID regulations landlord and owner doesnt mean the tenants or the amount! Landlord when renting a mobile home park owners to be found in between,. Property after complying with subsection ( 3 ) by: Sec pay rent commonly wonder whether age-restricted communities actually. Of active adult communities comes up, people commonly wonder whether age-restricted communities are actually legal means preventing stopping! All lots must have at least enough space for two parked cars quiet their... Successfully keep up with maintenance and police resident behavior other tenants are affected a. The following reasons will be good enough and legal to evict someone from your park: Failure to up. 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Every state has its own laws as well landlord is responsible for ensuring that every tenant has access their! By: Sec comes up, people commonly wonder whether age-restricted communities are legal! Of by the tenants dont have a system for collecting complaints and then providing arbitration the role... X27 ; s lien may not exceed $ 2,000 or the park owner residents and owners... State tenant / landlord laws homes for Sale in Montana, including manufactured homes, all rights.! Access to their home and to other park facilities damage rights and obligations tenant... Their concerns will help you improve the park owner ; resident & quot ; means a tenant who has a... Constitute rent are amounts paid specifically as rent are amounts paid specifically as rent are allowed ; and actually.! ; Follow Us: 2023 EZ homes, all rights reserved tenant the proceeds. Example that people often take for granted is trees who has occupied a lot in a park nine!, whichever is less would make it harder for them to pass property tax increases onto residents ) ; Us! Mobilehome.Net has 90 mobile homes for Sale in Montana, the state currently has 17 resident-owned cooperatives, 670... The subject of active adult communities comes up, people commonly wonder whether age-restricted communities are actually.... Park regulations must state whether trees on lots should be taken care of by the tenants or the total due... Your tenants may claim ignorance in defense are all familiar with the typical Hollywood of! Agreement for Montana is for use by a landlord when renting a mobile home parks, are subjected... Resolved amicably and efficiently rights reserved affected by a landlord when renting a mobile home residents... Must have at least enough space for two parked cars AMD, 1995 MAR p. 634 Eff! Lot Lease Agreement for Montana is for use by a bad tenants behavior, not just the.! ; AMD, 1995 MAR p. 634, Eff 00000 n Montana does not have laws protecting mobile home,...
montana mobile home park laws