The landlord's lien may not exceed $2,000 or the total amount due, whichever is less. 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. /Root 98 0 R A dish filled with water sits in the sink at Katelyn Anton's home at Meadowlark Mobile Home Park on Friday in Billings. Fire or casualty damage rights and obligations of tenant. After all, you will become the landlord for a number of tenants and their families and will be responsible for them to some degree. 456, L. 2001; amd. The park owner himself didnt comply with the lease agreement. 70-33-401. (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. In Montana, for all other lease violations, the landlord can serve them a 14-Day Notice to Cure or Vacate. You have 14 days to claim the mobile home before this happens. Noncompliance of tenant generally landlords right of termination damages injunction. History:En. (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). Also common, though, is a situation in which the landlord owns both the mobile home and the land. Agricultural Lien, a lien against goods used or bought for farming or ranching purposes. 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. This is one area that not all landlords are as comfortable with as others, yet it is a very necessary part of park ownership. A landlord is entitled to payment of the removal and storage costs allowed under subsection (2) before the owner may remove the mobile home. How do you get rid of them? said Montana Landlords Association president John Sinrud. 389, L. 1995; amd. /E 137596 We received 3 reports with mobile home park lot rent running around $400 ($390, $400, and $440). (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. This is a project of Montana Free Press, a 501 (c) (3) nonprofit newsroom that aims to provide . Prohibited provisions damages. Noncompliance of tenant generally landlords right of termination damages injunction. (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. 5/28/82; AMD, 1995 MAR p. 634, Eff. If you are renting a manufactured home in an MHP, you are covered 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. They need to read and sign the document. 470, L. 1993; amd. (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: 8, Ch. Especially when you have children in the park, which opens a whole can of worms regarding safety. 70-33-429. House Bill 428, sponsored by Rep. Mike Yakawich, R-Billings, would strengthen several tenant protections for mobile-home owners. (h) any violation of70-33-321(3), for which the notice period is as provided in70-33-422(1); (b) (i) The tenant may make repairs that do not cost more than 1 months rent and deduct the cost from the rent if the tenant has given the landlord notice and the landlord has not made the repairs within a reasonable time. 70-33-428. The notice tells you that the park owner plans to get rid of your mobile home. Grooming funds are derived from snowmobile gas tax refund and decal fees. A right or privilege guaranteed by law cannot be waived. /P 0 (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. Some parks are exempt if they only had one parking space per lot at the time of opening. 70-33-403. %PDF-1.7 Go to Top. Go to Top. Unlawful ouster, exclusion, or diminution of services tenants remedies. After all, you will become the landlord for a number of tenants and their families and will be responsible for them to some degree. The landlord may charge the mobile home owner reasonable removal and storage charges. (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: Click on your state for information on specific state Tenant / Landlord Laws. Please reload the page and try again. Sec. Most mobile home parks have documents which provide you with a long-term lease, but have language which specifies the rental period is a calendar year with the lot rent . (b) notify the local law enforcement office of the property held by the landlord; Holdover remedies consent to continued occupancy. (5) The landlord may dispose of the mobile home after complying with subsection (3) by: 0000136104 00000 n Great Falls, MT 59403, Copyright 2020 HH Evictions Stout WordPress theme by. 0000108683 00000 n 70-33-406. It's that simple.Buying an existing mobile home park is a great idea. See the. The affordable housing industry is a great business model, But the real estate construction business model is not. If the owner cannot after due diligence be found, the remaining proceeds must be deposited in the general fund of the county in which the sale occurred and, if not claimed within 3 years, are forfeited to the county. (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; (c) procure reasonable substitute housing during the period of the landlords noncompliance, in which case the tenant is excused from paying rent for the period of the landlords noncompliance. In either case the tenant may recover actual damages. Whoops! 70-33-404. Mobile home parks, also known as manufactured home parks, are usually subjected to local and state laws. 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 . 70-33-432. (i) disorderly conduct that results in disruption of the rights of others to the peaceful enjoyment and use of the premises, for which the notice period is 30 days; Fire or casualty damage rights and obligations of tenant. (4) Treble damages may not be recovered for the tenants early termination of the tenancy. Throughout Montana, local jurisdictions have not acknowledged tiny houses despite the fact that the state critically needs affordable housing solutions. Military personnel may give less than 30 days notice if they were also unaware. Landlords failure to maintain premises tenants remedies. 70-33-428. \tCHa;iZCDm_Z):td:A-<=Gwns8w (c) If the tenancy is from month to month or week to week, the term of the rental agreement for the purposes of this subsection (2) is a month or a week, as appropriate. 5-Day Notice to Quit. (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; Subchapter: Trailer Courts and Tourist Campgrounds. Montana does not have laws protecting mobile home park residents from unfair rent increases. Usually, committal of a crime is the only circumstance in which you can immediately evict a tenant. Five days is the usual amount of time a tenant has after the due date to square his account before there is any penalty. initial registration fee - $100,000 x 4% x 11.25%.) Waiver of landlords right to termination. (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; What happens when youve got drug dealers or any other bad actors in a mobile-home park? Your additional gift will help MTFP continue being your eyes and ears in the Capitol. 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. A landlord is entitled to payment of the storage costs allowed under this subsection before the tenant may remove the property. This could be because of poor sanitary conditions, accessibility problems, safety concerns, etc. Rental Agreements; Part 3. Retaliatory conduct by landlord prohibited. 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. (1) Unless otherwise provided in this chapter, if there is a noncompliance with70-33-303affecting health and safety, the following procedures apply: (a) selling the mobile home at a public or private sale; or 70-33-425. 0000126248 00000 n 70-33-426. 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. 799.31. 1 0 obj MobileHome.net has 90 Mobile Homes for Sale in Montana, including manufactured homes, modular homes and foreclosures. (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 70-33-427. 0000110186 00000 n Often their concerns will help you improve the park in some way or stop further damage and chaos. 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% . <>/Metadata 118 0 R/ViewerPreferences 119 0 R>> May 31, 2019 4:43 PM. 267, L. 2007. 43, Ch. (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. 267, L. 2007. STEP TWO: Have a Valid Reason for Wanting to Evict a Tenant from Your RV Park. (1) The remedies provided by this chapter must be administered so that an aggrieved party may recover appropriate damages. We hope that this article will help you run a smooth, neat, safe, and pleasant mobile home park. Remember that manufactured homes are supposed to be affordable housing and most tenants will be conscientious of their finances. 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. (m) any legitimate business reason not covered elsewhere in this subsection (1) if the landlord meets the following requirements: A tenant can also move out in 30 days regardless of their lease agreement if they have to move for a new job or their career. The aggrieved party has a duty to mitigate damages. 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 Some parks have many more areas of concern than others. Go to Top. (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. 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. 39, Ch. MONTANA: Chapter 26: NEBRASKA: Better Get A Big Cup Of Coffee: NEVADA: 118 . (2) (a) If the tenant abandons the lot, the landlord shall make reasonable efforts to rent the lot at a fair rental. However, the tenant must provide a written notice of their intent and can move out if the landlord fails toaddress it. (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. 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. 4 0 obj Montana's laws provide some important protections, but also have a . (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; trailer 70-33-404. xref Sec. History:En. 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.. (3) Rules and regulations that are not a part of this chapter and that affect the relationship between the landlord and tenant must be uniformly and fairly applied and enforced. Landlords failure to provide essential services tenants remedies. History:En. (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. 70-33-433. 3 0 obj There was an error and we couldn't process your subscription. In 2021, Montana passed a law that exempts mobile home park sales from capital gains taxes if the homes are sold to park residents. Unlawful or unreasonable entry by landlord tenants remedies. Go to Top. Except in the case of abandonment or surrender or as permitted in this chapter, a landlord may not recover or take possession of the lot by action or otherwise, including purposeful diminution of services to the tenant by interrupting or causing the interruption of running water, electricity, gas, or other essential services. Mobile home park tenancies have their own special set of laws under Chapter 723 of the Florida Statutes. /Type /Catalog This is the situation described above. 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. 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