70-33-403. (1) Unless otherwise provided in this chapter, if there is a noncompliance with70-33-303affecting health and safety, the following procedures apply: Attorney fees costs. 70-33-428. 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. Right To Privacy Go to Top. 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. In these cases, its handy if you have a dedicated groundsman that can take care of problems. endobj Just because you are the landlord and owner doesnt mean the tenants dont have a say. 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. 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. Retaliatory conduct by landlord prohibited. A mobile-home park just isnt like that.. (2) A right or obligation declared by this chapter is enforceable by action unless the provision declaring it specifies a different and limited effect. 2023 Montana's independent nonprofit news source. 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). 0000135152 00000 n Questions and comments for the Food and Consumer Safety Section (FCSS) may be sent by clicking on the box above. 70-33-423. 5-Day Notice to Quit. If the park itself is somehow unliveable. Not only are there comprehensive acts written on this topic but almost every state has its own laws as well. (1) If the tenant remains in possession without the landlords consent after expiration of the term of the rental agreement or other termination of the rental agreement, the landlord may bring an action for possession. 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. Sign up and take advantage of access to the largest catalogue of legal forms. At the start, make sure that every tenant receives a list of the rules and regulations of the park when joining. The tenant generally owns the mobile home itself but ground and utility hook-ups on which the home stands are the property of the lot or mobile home park owner. 2023 NicheInvestments LLC. 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. Refusal of access landlords remedies. We are all familiar with the typical Hollywood trope of the angry landlord shouting after their tenants to pay up their late rent. They are not low-income government housing, Groven said. Click on your state for information on specific state Tenant / Landlord Laws. Usually, rent increases by 10% on a yearly basis to account for inflation and the rising cost of living. 39, Ch. A landlord is entitled to payment of the storage costs allowed under this subsection before the tenant may remove the property. 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. Remedies for absence or abandonment. Unlawful ouster, exclusion, or diminution of services tenants remedies. (1) If contrary to the rental agreement or70-33-303the landlord purposefully or negligently fails to supply running water, electric, gas, or other essential services, the tenant may give written notice to the landlord specifying the breach and may: This might be the first thing that comes to mind when thinking of becoming a landlord. The sale proceeds are subject to any prior security interest of record. This can happen because of natural causes, a direct result of tenant actions or just by pure accident. (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) (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. 31, Ch. <>/Metadata 118 0 R/ViewerPreferences 119 0 R>> (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; History:En. 70-33-422. Most First Right of Refusal clauses will also stipulate that anyone you do sell to . # $ % &. Retaliatory conduct by landlord prohibited. MobileHome.net has 90 Mobile Homes for Sale in Montana, including manufactured homes, modular homes and foreclosures. History:En. 70-33-431. 114, L. 2003. (1) If there is a noncompliance by the tenant with the rental agreement or with a provision of70-33-321, the landlord may deliver a written notice to the tenant pursuant to70-33-106specifying the acts or omissions constituting the noncompliance and stating that the rental agreement will terminate upon the date specified in the notice that may not be less than the minimum number of days after receipt of the notice provided for in this section. 267, L. 2007. 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. 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. (2) A tenant proceeding under this section may not proceed under70-33-405for a landlords failure to provide essential services. If you wish to suggest an update please contact us. MONTANA RESIDENTIAL MOBILE HOME LOT RENTAL ACT Part 1. Montana's independent nonprofit news source. History:En. (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. (b) a violation of a rule other than provided for in subsection (1)(a) that does not create an immediate threat to the health and safety of any other tenant or the landlord or manager, for which the notice period is 14 days; This could be because of poor sanitary conditions, accessibility problems, safety concerns, etc. The attorney helping you can write a letter to the mobile home park saying that the laws haven't been followed, and ask for them to respond. 70-33-430. 0000108683 00000 n 70-33-429. Sec. (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. Subchapter: Trailer Courts and Tourist Campgrounds. (3) The remedy provided in subsection (2) is in addition to a right of the tenant arising under subsection (1). (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; 70-33-403. The reason is to have the document notarized, and once it has been, you will then stand as the owner since the bill is a legal binder. Tenants failure to maintain lot landlords right to enter and repair. So its not right to just do nothing and look away.. Disposal may include having the mobile home removed to an appropriate disposal site. Even if a tenant is behind on payments, you need to inform them of delinquency and can only take action after another period of non-payment has passed. At the start, make sure that every tenant receives a list of the rules and regulations of the park when joining. Cal. 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. These laws cover the rights of both the mobile home park owners and their tenants. /Prev 428896 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. 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. 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. A bill of sale. (i) if the breach is remediable by repairs, the payment of damages, or otherwise and the landlord adequately remedies the breach before the date specified in the notice, the rental agreement does not terminate by reason of the breach; Unconscionability court discretion. *un/]O'#uF}Z|kdIay>`8=nW88Sr w9O Not only are there comprehensive acts written on this topic but almost every state has its own laws as well. 0000134984 00000 n It offered some amazing things like ballroom dancing, full community parties, boat docks, indoor pools, and gorgeous views. It would require a two-year term for lot rental renewals, limit utility fees to actual utility costs and extend the timelines for eviction proceedings and the disposal of abandoned mobile homes.