>> 29, Ch. 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. 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. Go to Top. 267, L. 2007. 2 0 obj Montana Code Annotated 2021. 70-33-425. (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. 70-33-432. 70-33-426. (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; The property values appraised by the department are used by counties to determine property taxes. 70-33-407. And thats just life, he said. 799.32. I dont think thats reasonable, Nikolakakos said. is a friendly guide to help you handle these sticky situations. All Rights Reserved, Manufactured Housing Administrative Agencies, Chapter 3 & 10 Chapter 11 MHP Landlord Tenant Act, Dig In It Is Deep / Caution May Cause Anxiety, Click TN Code, Title 66 (Chapters 28,29, and 35). In Montana, if a tenant commits the same lease violation within a six-month timeframe, the landlord can serve them a 5-Day Notice to . 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. Action for nonpayment of rent tenants counterclaim. 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. Example: A HUD home that will be located on a reservation that sells for $100,000, is subject to $450. Just like other types of real estate, mobile homes are subject to local real estate laws including zoning. Minnesota law allows a park to ask a resident to move for the following reasons: 1. Bills would require advance notice of sales to help community ownership bids, extend eviction timelines. 470, L. 1993; amd. 3 0 obj 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. Make sure tenants are aware of garbage collection schedules. Another source of sanitary issues could be water that has been stagnant for a long time. 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. The landlord may charge the mobile home owner reasonable removal and storage charges. However, the tenant must provide a written notice of their intent and can move out if the landlord fails toaddress it. Landlords remedies after termination action for possession. (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. (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. (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. Sec. 70-33-431. The notice tells you that the park owner plans to get rid of your mobile home. Sign up for theCapitolizednewsletter and stay up-to-date on the latest legislative developments during the session. Maybe thats not so easy in our current rental market, but thats an option. (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. The landlord's lien may not exceed $2,000 or the total amount due, whichever is less. We hope that this article will help you run a smooth, neat, safe, and pleasant mobile home park. Fire or casualty damage rights and obligations of tenant. All lots must have at least enough space for two parked cars. History:En. Disposition of abandoned personal property. trailer Nikolakakos and Yakawich told members of the House Judiciary Committee that mobile-home tenants deserve additional protections because they generally own the homes they live in but not the land beneath them, meaning theyre stuck with their landlords in ways other renters are not. 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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. Unlawful ouster, exclusion, or diminution of services tenants remedies. Landlords failure to provide essential services tenants remedies. /Length 857 If property taxpayers had faced the kind of winds mobile-home residents have faced over the last few years, people would be throwing tea into the harbors right now, Nikolakakos said. Its not in everyones nature to be strict and firm when it comes to enforcement and punishment. 267, L. 2007. 70-33-429. Agricultural Lien, a lien against goods used or bought for farming or ranching purposes. The Property Assessment Division appraises and values properties and administers certain property taxes in Montana. For example, in instancesof a natural disaster or because of municipal maintenance or error. History:En. 70-33-428. The park owner must mail you a "14-day notice" - sent first class mail, with proof of mailing. Go to Top. However, they are not permitted to perform a retaliatory eviction. (b) has complained to the landlord in writing of a violation under70-33-303; or (a) has complained of a violation applicable to the premises materially affecting health and safety to a governmental agency charged with responsibility for enforcement of a building or housing code; 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. /Prev 428896 Payments that constitute rent are amounts paid specifically as rent are allowed; and. At the start, make sure that every tenant receives a list of the rules and regulations of the park when joining. "Resident" means a tenant who has occupied a lot in a park for nine months or more. They need to read and sign the document. 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. (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. A good first step is to have watertight rules in place so that its clear when one party was out of line. 0000000017 00000 n 70-33-409. History:En. 0000126248 00000 n (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. We are all familiar with the typical Hollywood trope of the angry landlord shouting after their tenants to pay up their late rent. 70-33-405. Sec. At the start, make sure that every tenant receives a list of the rules and regulations of the park when joining. 70-33-430. 267, L. 2007. Such laws often define the rights of the mobile home park owner to evict tenants. Go to Top. (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. Retaliatory conduct by landlord prohibited. (a) The tenant may deliver a written notice to the landlord specifying the nature of the breach and that the rental agreement will terminate upon a date not less than 30 days after receipt of the notice if the breach is not remedied in 14 days. (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. 7/29/1988. Key points to remember: Safety Rent collection Proper eviction practices (b) notify the local law enforcement office of the property held by the landlord; Some parks are exempt if they only had one parking space per lot at the time of opening. In these cases, its handy if you have a dedicated groundsman that can take care of problems. 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. 267, L. 2007. 45, 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. Landlords recovery of possession limited. Sec. Accidents happen and more often than not, this isnt allowed by law anyway. Holdover remedies consent to continued occupancy. Landlords failure to deliver premises tenants remedies. "Tenant" means the owner or operator of a recreational vehicle who has occupied a lot in a park for more than 30 consecutive . After all, you will become the landlord for a number of tenants and their families and will be responsible for them to some degree. In this case, the tenant doesnt have to provide notice. 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. *un/]O'#uF}Z|kdIay>`8=nW88Sr w9O endobj Remedies for absence or abandonment. Both him and his partner, Dan Leighton, formed EZ Homes back in 2006 and have seen explosive growth ever since. STEP TWO: Have a Valid Reason for Wanting to Evict a Tenant from Your RV Park. 0000001961 00000 n Mobile home parks, also known as manufactured home parks, are usually subjected to local and state laws. Many different areas constitute a mobile home park. 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. The landlord may charge a reasonable storage and labor charge if the property is stored by the landlord, plus the cost of removal of the property to the place of storage. The landlord is responsible for ensuring that every tenant has access to their home and to other park facilities. (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 existing law, passed by the 2021 Legislature, tries to encourage sales to cooperatives by exempting park owners from paying state capital gains tax if they sell to a resident association, nonprofit or local government housing authority. 0 You'll never have to beat the ceiling with a broom again! 267, L. 2007. (2) In an action for rent when the tenant is not in possession, the tenant may counterclaim as provided in subsection (1) but may not be required to pay any rent into court. (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. 70-33-407. 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. Go to Top. 0000108683 00000 n Go to Top 70-33-103. (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. 50, Ch. The landlord may issue a 3-Day Notice to Quit. 51, Ch. Every park can choose if the park itself or the owner is responsible for things such as the maintenance of the outside of the home and lawn care. Every tenant has the right to enjoy peace and quiet on their own lot or site. Go to Top. (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. (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. Montana may have more current or accurate information. 0000135152 00000 n Personal Property Reporting. 5/28/82; AMD, 1995 MAR p. 634, Eff. Refusal of access landlords remedies. Indian Country. 267, L. 2007. Both bills now face initial votes in the House Judiciary Committee. /Pages 95 0 R 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. (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. 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. endobj (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. A dish filled with water sits in the sink at Katelyn Anton's home at Meadowlark Mobile Home Park on Friday in Billings. Sec. 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. The law gives you 3 days to fix these issues after such an event, but you will have to submit written proofof the delay. 8, Ch. They are not low-income government housing, Groven said. . (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: Basic RIghts RV park tenants have the right to use laundry, shower and other common facilities located in the park for the duration of their tenancy. 12/31/72; AMD, 1982 MAR p. 1098, Eff. The landlord must send this notice to your "last known address." Thank you for supporting public-service journalism when our state needs it most. RV park tenants are no exception to this rule. Dan Paton has been working full-time in this field for over a decade. 70-33-425. << (5) The maintenance of an action under subsection (4) of this section does not release the landlord from liability under70-33-404(2). (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. 406-720-7919 (fax) Civil Code 798.55. Sec. Here's a list of the greatest advantages of mobile home park living: Cost. (a) notify the local law enforcement office of the storage; (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. /Outlines 88 0 R >> 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 Depending on the type of park (co-op or PUP, for example), there should be regular meetings where tenants are allowed to voice their concerns. 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.. (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. (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 History:En. (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. Refusal of access landlords remedies. The aggrieved party has a duty to mitigate damages. (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. 401, L. 1997; amd. A bill of sale. amounts paid for utilities, furnishings, and parking if the landlord makes NO seperate charges for these items. O + ' Go to Top. (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. What happens when youve got drug dealers or any other bad actors in a mobile-home park? A resident is late paying rent or utility charges owed to the park. (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; 70-33-401. History:En. Sign up and take advantage of access to the largest catalogue of legal forms. Disposition of abandoned mobile home. History:En. Some parks are exempt if they only had one parking space per lot at the time of opening. History: En. Dan and his wife have 4 children. \tCHa;iZCDm_Z):td:A-<=Gwns8w 70-33-407. If you are renting a manufactured home in an MHP, you are covered Unconscionability court discretion. 32, Ch. (1) If the tenant destroys, defaces, damages, impairs, or removes any part of the premises in violation of70-33-321(3), the landlord may terminate the rental agreement upon giving 3 days written notice specifying the noncompliance under the provisions of70-33-321(3). Reporting and web design was done primarily by MTFP Deputy Editor Eric Dietrich. Sec. House Bill 428, sponsored by Rep. Mike Yakawich, R-Billings, would strengthen several tenant protections for mobile-home owners. Prohibited provisions damages. 70-33-422. The City Attorney's Office phone number is 608-266-4511. A landlord is entitled to payment of the storage costs allowed under this subsection before the tenant may remove the property. 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