Grounds for termination of rental agreement. This Mobile Home Lot Lease Agreement for Montana is for use by a landlord when renting a mobile home lot to a tenant. 70-33-408. In either case, the landlord may recover actual damages. (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. 12/31/72; AMD, 1982 MAR p. 1098, Eff. Montana's laws provide some important protections, but also have a . Tenants failure to maintain lot landlords right to enter and repair. Fire or casualty damage rights and obligations of tenant. Box 3703 (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. Sec. 70-33-429. These communities are also known as mobile home parks, trailer courts, and trailer parks (MHP). <> No overly close neighbors. 70-33-403. 37, Ch. Sec. (2) (a) An action filed pursuant to subsection (1) in a court must be heard within 20 days after the tenants appearance or the answer date stated in the summons, except that if the rental agreement is terminated because of noncompliance under70-33-321(4), the action must be heard within 5 business days after the tenants appearance or the answer date stated in the summons. 39, Ch. (b) If the action is appealed to the district court, the hearing must be held within 20 days after the case is transmitted to the district court, except that if the rental agreement is terminated because of noncompliance under70-33-321(4), the hearing must be held within 5 business days after the case is transmitted to the district court. Example: A HUD home that will be located on a reservation that sells for $100,000, is subject to $450. The City Attorney's Office phone number is 608-266-4511. 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. Anton said her family can go as many as three days without water,. 30, Ch. 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 . 2023 Personal Property Depreciations Schedules and Trend Tables are now available. Most First Right of Refusal clauses will also stipulate that anyone you do sell to . At the start, make sure that every tenant receives a list of the rules and regulations of the park when joining. Rights and Duties of Parties; Part 4. Noncompliance of tenant generally landlords right of termination damages injunction. RV park tenants are no exception to this rule. Go to Top. Unlawful ouster, exclusion, or diminution of services tenants remedies. If you wish to suggest an update please contact us. Tenants failure to maintain lot landlords right to enter and repair. You have 14 days to claim the mobile home before this happens. 114, L. 2003. 51, Ch. (a) terminate the rental agreement upon at least 5 days written notice to the landlord and, upon termination, the landlord shall return all prepaid rent and security; or [emailprotected], HH Evictions, Inc. (4) Treble damages may not be recovered for the tenants early termination of the tenancy. (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: In the first, the tenant owns the mobile home, but leases a space in a mobile home park from the park owner. (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. /O 99 Its also the mobile home park owners responsibility to have a plan in place in case of an emergency. History:En. Usually, committal of a crime is the only circumstance in which you can immediately evict a tenant. (c) make a reasonable effort to determine if the property is secured or otherwise encumbered; and With six dedicated reporters on staff, weve already covered three times as many legislative stories as we did in previous sessions. 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. Waiver of landlords right to termination. (a) simplify and clarify the law governing the rental of land to owners of mobile homes and manufactured homes and the rights and obligations of landlords and tenants concerning lot rentals; and (b) encourage landlords and tenants to maintain and improve the quality of housing. Stop Mobile Home Repossession A landlord can place a lien on a mobile home for space rent or unpaid utilities. If you are renting a lot in an MHP that leases two or more lots, you are covered by the MHOCCA. This doesnt necessarily mean that you need to be friends with every single one of your tenants or that your relationship has to be strictly business. +}7>j>q8X[-.`/7pRw:rRB/c .]#vo*a[LRR`uG|Tx6R=^7EAr?b2,?kndo_ dA\aUMokQ! Carla Hill, who said she owns a home in the Cherry Creek mobile-home park in Billings, said she paid $285 a month to rent a lot before a corporation purchased the park in 2020. The park has to give the resident, and anyone the park knows has a mortgage on the resident's home, a written notice ten days before taking action. REP. 7/29/1988. TITLE 70. Landlords failure to provide essential services tenants remedies. 267, L. 2007. 70-33-423. Go to Top. 70-33-433. 0000108882 00000 n Refusal of access landlords remedies. 0000113944 00000 n 70-33-406. Land rental fees typically include water, sewer, garbage, and recycling pickup. For specific advice or assistance, residents and park owners may contact the organizations listed here, or a private attorney. The park owner must mail you a "14-day notice" - sent first class mail, with proof of mailing. No property taxes. Sec. History:En. 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. History:En. Cal. These big corporations are coming in, buying up mobile home parks and making the once affordable unaffordable, Hill said. On Tuesday, the Cheney City Council unanimously voted to table the first reading of a proposed land zone change ordinance that could be a precursor to closing the North Cheney Mobile Home Park. Park owners and landlords also pushed back on the tenant protections bill, saying its provisions would make it harder for them to evict problematic tenants. Sec. Here, the contractual right of First Refusal gives you the obligation to take any bid or offer on your mobile home to the option holder (the park) before bringing that option to the buyer. (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. Often their concerns will help you improve the park in some way or stop further damage and chaos. Sec. The bill is signed by both the buyer and the seller in a compa ny of a notary witness. Effective Financing Statement Lien, a lien against specific crops, livestock, and unmanufactured products. 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 0 obj Throughout Montana, local jurisdictions have not acknowledged tiny houses despite the fact that the state critically needs affordable housing solutions. 70-33-426. <> (2) A right or obligation declared by this chapter is enforceable by action unless the provision declaring it specifies a different and limited effect. Unconscionability court discretion. He has worked as a professional journalist in Montana since 2013, with stints at the Great Falls Tribune, Bozeman Daily Chronicle, and Solutions Journalism Network before joining the Montana Free Press newsroom in Helena full time in 2019. 70-33-433. %%EOF They need to read and sign the document. 70-33-409. 0000126592 00000 n 70-33-405. What happens when youve got drug dealers or any other bad actors in a mobile-home park? The landlord may issue a 3-Day Notice to Quit. Personal Property Reporting. 7/29/1988. (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. 70-33-426. Just one example that people often take for granted is trees. Sec. (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. 70-33-423. 267, L. 2007. This handbook explains the Minnesota laws concerning manufactured home park residents and park owners. Administration of remedies enforcement agreement. 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 (1) If the tenant refuses to allow lawful access, the landlord may either obtain injunctive relief to compel access or terminate the rental agreement. 70-33-402. (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. Unlawful ouster, exclusion, or diminution of services tenants remedies. Some parks have many more areas of concern than others. 267, L. 2007. (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. A manufactured (HUD) home purchased by a Tribal member that will be located within any Indian Country in South Dakota is subject to 11.25% of the 4% initial registration fee. Electrical, plumbing, gas, water lines, and sewage are all basic human rights. (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) A claim or right arising under this chapter or on a rental agreement, if disputed in good faith, may be settled by agreement. (a) the violation of the applicable building or housing code was caused primarily by lack of reasonable care by the tenant, a member of the tenants family, or any other persons on the premises with the tenants consent; Prohibited provisions damages. 267, L. 2007. The mobile home owner must be provided with a minimum of sixty-days' written notice to sell or remove the home from the park. Remedies for absence or abandonment. Continually being vigilant for infringements, listening to complaints, and addressing concerns can quickly become a full-time job. House Bill 428, sponsored by Rep. Mike Yakawich, R-Billings, would strengthen several tenant protections for mobile-home owners. 267, L. 2007. (4) If the rental agreement is terminated, the landlord shall return all security recoverable by the tenant pursuant to Title 70, chapter 25. /ID [<28bf4e5e4e758a4164004e56fffa0108><28bf4e5e4e758a4164004e56fffa0108>] refresh results with search filters open search menu. Go to Top. Unlawful ouster, exclusion, or diminution of services tenants remedies. Whoops! Some parks are exempt if they only had one parking space per lot at the time of opening. Also common, though, is a situation in which the landlord owns both the mobile home and the land. Before we leave you with all this information, we would like to give you one final tip: You can never go wrong by promoting good landlord-tenant relationships. %PDF-1.7 70-33-422. This is a project of Montana Free Press, a 501(c)(3) nonprofit newsroom that aims to provide Montanans with in-depth, nonpartisan news coverage. Montana Code Annotated 2021. Waiver of landlords right to termination. A list of the home owners responsibilities. See the. The most common remedy for a failure to pay rent is a contact action to recover money damages. (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. The notice tells you that the park owner plans to get rid of your mobile home. Keep in mind that sometimes it isnt the tenants fault and merely the effects of use over time. Montana does not have laws protecting mobile home park residents from unfair rent increases. 799.31. U"lH&W (?@@`e aYU8|T.Q >^U2Wh /hAp;p.fK;G&nAuzblSd/60o|MZX;(t=76+:?TStg9.3. 267, L. 2007. Just because you are the landlord and owner doesnt mean the tenants dont have a say. The park owner himself didnt comply with the lease agreement. 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. 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. Such laws often define the rights of the mobile home park owner to evict tenants. /Pages 95 0 R 70-33-410. Make sure tenants are aware of garbage collection schedules. (adsbygoogle = window.adsbygoogle || []).push({}); Follow Us: 2023 EZ Homes, all rights reserved. Sec. According to NeighborWorks Montana, the state currently has 17 resident-owned cooperatives, representing 670 homes in total. If you wish to suggest an update please contact us. History:En. endobj Sign up and take advantage of access to the largest catalogue of legal forms. The law gives you 3 days to fix these issues after such an event, but you will have to submit written proofof the delay. There is a balance to be found in between. Go to Top. (c) has organized or become a member of a tenants union, mobile home park resident association, or similar organization. 70-33-425. 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. 70-33-422. The MHOCCA only applies to the rental of lots in manufactured home communities. 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. Dan Paton has been working full-time in this field for over a decade. a]THWD27I-AoVe2ryd}X9/@ #P-!%eQ_^tiwxBAEpv? D!0 HZ9Fgqd']tKz Click on your state for information on specific state Tenant / Landlord Laws. There was an error and we couldn't process your subscription. (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. (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: 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. 49, Ch. Noncompliance of tenant generally landlords right of termination damages injunction. ! " 70-33-404. 456, L. 2001; amd. 0000114901 00000 n Sec. Trail maps are available from your local club, Forest Service offices, or the Montana Snowmobile Association. It also requires owners to review counteroffers if a residents association uses that time to organize in an effort to purchase the park. History:En. Administration of remedies enforcement agreement. 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