Go to Top. History:En. If the section above was significant, this just adds to the reason why most people either take on park management as a permanent role, hire a manager or decide against buying a park at all. (a) selling all or part of the property at a public or private sale; or Disposal may include having the mobile home removed to an appropriate disposal site. (a) procure reasonable amounts of running water, electricity, gas, and other essential services during the period of the landlords noncompliance and deduct the actual and reasonable cost from the rent; Additionally, make sure to communicate any changes to tenants effectively. 33, Ch. (c) a violation of a rule that creates an immediate threat to the health and safety of any other tenant or the landlord or manager, for which the notice period is 24 hours; 301 South Park Ave. Helena, MT 59620 Building and Commercial Measurements Bureau P.O. 70-33-423. 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. Effective Financing Statement Lien, a lien against specific crops, livestock, and unmanufactured products. 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. (3) In an action by or against the tenant, evidence of a complaint within 6 months before the alleged act of retaliation creates a rebuttable presumption that the landlords conduct was in retaliation. Minnesota law allows a park to ask a resident to move for the following reasons: 1. 70-33-409. 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. amounts paid for utilities, furnishings, and parking if the landlord makes NO seperate charges for these items. 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. A pair of Republican-sponsored bills intended to help mobile-home park residents weather Montanas acute housing shortage drew vehement opposition from park owners, real estate agents and the Montana Landlord Association in their initial hearings Monday morning. trailer 267, L. 2007. 39, Ch. (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. /ID [<28bf4e5e4e758a4164004e56fffa0108><28bf4e5e4e758a4164004e56fffa0108>] 5/28/82; AMD, 1995 MAR p. 634, Eff. So its not right to just do nothing and look away.. Anton said her family can go as many as three days without water,. I know there are times where its not fair. Prohibited provisions damages. Especially when you have children in the park, which opens a whole can of worms regarding safety. \tCHa;iZCDm_Z):td:A-<=Gwns8w Go to Top, 406-770-3535 (phone) (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. We hope that this article will help you run a smooth, neat, safe, and pleasant mobile home park. The City Attorney's Office phone number is 608-266-4511. 0000131931 00000 n 70-33-433. Unlawful ouster, exclusion, or diminution of services tenants remedies. 50, Ch. I dont think thats reasonable, Nikolakakos said. What happens when youve got drug dealers or any other bad actors in a mobile-home park? Continually being vigilant for infringements, listening to complaints, and addressing concerns can quickly become a full-time job. (1) Acceptance by the landlord of full payment of rent due is a waiver of a claimed breach of a rental agreement only when the claimed breach is the nonpayment of rent. Landlords remedies after termination action for possession. Becoming a mobile home park owner can either be one of the best or worst decisions of your life, depending on how well you start off. Both him and his partner, Dan Leighton, formed EZ Homes back in 2006 and have seen explosive growth ever since. 70-33-410. You should have a written agreement which sets the terms of your lease. 34, Ch. 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. Park regulations must state whether trees on lots should be taken care of by the tenants or the park owner. Additionally, make sure to communicate any changes to tenants effectively. (a) nonpayment of rent, late charges, or common area maintenance fees as established in the rental agreement, for which the notice period is 7 days; 70-33-403. Landlords failure to maintain premises tenants remedies. (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. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. In the notice the landlord shall disclose and describe in detail the nature of the change of use. 0000126592 00000 n Montana Snowmobiling Handbook (PDF) You also need to be able to find the cause and hold irresponsible tenants liable if they broke park regulations in damaging the property. O + ' Unlawful or unreasonable entry by landlord tenants remedies. This one is as much for your own protection as for the information and good of your tenants. Roads are the responsibility of the park. 70-33-428. If you wish to suggest an update please contact us. Well discuss this a little more in the following sections. Certified Food Protection Manager Trainings, Swimming Pools, Spas, and other Water Features, Tattooing, Cosmetic Tattooing, Body Piercing, Ear Piercing, Aging and Disability Resource Center (ADRC), Nursing Facilities and other Living Options, SHIP - State Health Insurance Assistance Program, Home Energy, Water and Weatherization Assistance Programs, Aging & Disability Resource Center (ADRC), MTAP (Montana Telecommunications Access Program), Licensing healthcare and residential services, Mental Health Nursing Care Center - Lewistown, Montana Chemical Dependency Center - Butte, Eastern Montana Veterans Home - Glendive, Montana Veterans Home - Columbia Falls, Web Version of 37.111.12 Trailer Courts, Campgrounds, Youth Camps, and Work Camps, PDF Version of 37.111.12 Trailer Courts, Campgrounds, Youth Camps, and Work Camps, FCS Circular 1-2016 - Standards for Nonpublic Water Supplies Serving Licensed Establishments, MCA 50-52 Tourist Campgrounds and Trailer Courts, NOTICE OF USE OF PROTECTED HEALTH INFORMATION, ACCESSIBILITY, DISCLAIMER AND WEB STANDARDS. (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. /H [ 1031 930 ] 7/29/1988. There are a few circumstances where a tenant is allowed to move out unexpectedly without warning: This is atricky subject that often calls for very careful handling. It also means that many problems can be resolved amicably and efficiently. While mobile-home units can in theory be moved to a new location, thats in practice costly upwards of $10,000, Nikolakakos said and in some cases impossible for older homes that arent in good enough condition to survive a move intact. Sec. Security deposits shouldnt be ridiculous. 70-33-431. 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. 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. A landlord is entitled to payment of the removal and storage costs allowed under subsection (2) before the owner may remove the mobile home. The landlord's lien may not exceed $2,000 or the total amount due, whichever is less. If they do own the land, a foreclosure process will be initiated rather than a repossession. Box 200517 Helena, MT 59602 Phone: (406) 841-2056 Fax: (406) 841-2050 Email Us. 32, Ch. A month-to-month lease? You would be surprised how many potential hazards there are in a mobile home park. /Type /Catalog Sec. (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. )]qwvA m\mT~{ Qb%U;}p`? 470, L. 1993; amd. 70-33-407. 0000093414 00000 n (1) A provision prohibited by70-33-202that is included in a rental agreement is unenforceable. % Thank you for supporting public-service journalism when our state needs it most. PROPERTY CHAPTER 33. In 2021, Montana passed a law that exempts mobile home park sales from capital gains taxes if the homes are sold to park residents. (i) the termination does not violate a provision of this section or any other state statute; and (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. 267, L. 2007. 70-33-427. In order to become law, both must pass the Montana House and Senate and then survive the governors veto pen. 126 0 obj (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. (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. 8, Ch. (4) If the mobile home owner, within 15 days after receipt of the notice provided for in subsection (3)(c), responds in writing to the landlord that the owner intends to remove the mobile home from where it is stored and does not do so within 20 days after delivery of the owners response, the mobile home may be conclusively presumed to be abandoned. an act generally revising laws related to mobile home parks; revising the allowed capital gains tax exemptions for the sale of a mobile home park; requiring the notification of mobile home park owners; establishing a special revenue account; providing a statutory appropriation; and amending sections 15-31-163 and 17-7-502, mca. Tenants failure to maintain lot landlords right to enter and repair. 0000109847 00000 n <> stream Go to Top. 267, L. 2007. (1) (a) If the lot or premises are damaged or destroyed by fire or casualty to an extent that enjoyment of the lot is substantially impaired, the tenant may immediately vacate the premises and notify the landlord in writing within 14 days of vacating the premises that it is the tenants intention to terminate the rental agreement. Landlords failure to provide essential services tenants remedies. For many of the concerns related to the rights of tenants and the landlord, respectively, the, Mobile Home Landlord and Tenant Rights Act. Go to Top. (b) destroying or otherwise disposing of all or part of the property if the landlord reasonably believes that the value of the property is so low that the cost of storage or sale exceeds the reasonable value of the property. Expert reporting and insight from the Montana Capitol, emailed Tuesdays and Fridays. In Montana, for all other lease violations, the landlord can serve them a 14-Day Notice to Cure or Vacate. (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. 1 0 obj General Provisions; Part 2. 97 0 obj 0000130647 00000 n Accidents happen and more often than not, this isnt allowed by law anyway. The presumption does not arise if the tenant made the complaint after notice of a proposed rent increase or diminution of services. It also requires owners to review counteroffers if a residents' association uses that time to organize in an effort to purchase the park. 4/28/95 . You have 14 days to claim the mobile home before this happens. 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. 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. Steve Skinner, who identified himself as a longtime mobile-home court owner, said the Legislature should look at other ways to tackle housing concerns. 48, Ch. Sec. REP. 7/29/1988. Disposition of abandoned personal property. You can update your address by emailing: dorgallatinoffice@mt.gov or by calling 406-582-3400. However, they are not permitted to perform a retaliatory eviction. In this case, the tenant doesnt have to provide notice. /Linearized 1 Usually, committal of a crime is the only circumstance in which you can immediately evict a tenant. Mobile home parks, also known as manufactured home parks, are usually subjected to local and state laws. 3 0 obj Attorney fees costs. History:En. MONTANA: Chapter 26: NEBRASKA: Better Get A Big Cup Of Coffee: NEVADA: 118 . Summary Generally revise mobile home park laws Tracking Information Register now for our free OneVote public service or GAITS Pro trial account and you can begin tracking this and other legislation, all driven by the real-time data of the LegiScan API. (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). 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. May 31, 2019 4:43 PM. Homeowners and emergency vehicles must have access to their homes and the rest of the park respectively. 70-33-428. Disposition of abandoned mobile home. 70-33-408. Sign up to get our reporting sent straight to your inbox every weekday morning. 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. The next is to have a system for collecting complaints and then providing arbitration. Payments that constitute rent are amounts paid specifically as rent are allowed; and. << 0 >> History:En. If not properly looked after and maintained, branches can drop on houses, cars, people or on the road. 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. Go to Top. 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. Go to Top. If the change of use does not require local government permits, the landlord shall give the written notice at least 6 months prior to the change of use. Sec. /S 549 The policy requires (1) notification that an emotional support . 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. 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). A dish filled with water sits in the sink at Katelyn Anton's home at Meadowlark Mobile Home Park on Friday in Billings.
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