Steve Skinner, who identified himself as a longtime mobile-home court owner, said the Legislature should look at other ways to tackle housing concerns. Think there's a potential news story to be done about a bill or lawmaker you see here? Tenants failure to maintain lot landlords right to enter and repair. 9. The City Attorney's Office phone number is 608-266-4511. (3) If the landlord consents to the tenants continued occupancy,70-33-201(2)(e) applies. 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. 38, Ch. I dont think thats reasonable, Nikolakakos said. Disposition of abandoned mobile home. REP. 7/29/1988. Landlords remedies after termination action for possession. real estate for sale 46; apartments / housing for rent 12; parking & storage 2; wanted: real estate 1 + show 8 more The MHOCCA only applies to the rental of lots in manufactured home communities. 267, L. 2007. In the first, the tenant owns the mobile home, but leases a space in a mobile home park from the park owner. (b) make a reasonable effort to determine if the mobile home is secured or otherwise encumbered; and 70-33-406. (a) make a reasonable attempt to notify the tenant in writing that the property must be removed from the place of safekeeping; 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. Remedies for absence or abandonment. About the 2023 Montana Free Press Capitol Tracker. History:En. (b) If the tenant complies with the provisions of subsection (1)(a), the rental agreement terminates as of the date the tenant vacates the premises. This guide is an effort to make the quantifiable aspects of the Montana Legislature more accessible to the public by compiling information about lawmakers, proposed bills and the legislative process. A good first step is to have watertight rules in place so that its clear when one party was out of line. 70-33-404. If you are renting a lot in an MHP that leases two or more lots, you are covered by the MHOCCA. Yes. 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. startxref Noncompliance of tenant generally landlords right of termination damages injunction. (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; (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. Sign up for our free daily newsletter to get unbiased, independent Montana news sent directly to you. 2 0 obj Sec. Sec. (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. Is that reasonable? This might include the pool, bbq, communal kitchen, roads, etc. 70-33-429. How do you get rid of them? said Montana Landlords Association president John Sinrud. 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.. (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; (b) has complained to the landlord in writing of a violation under70-33-303; or 18.8.1007. You can update your address by emailing: dorgallatinoffice@mt.gov or by calling 406-582-3400. 114, L. 2003. 12/31/72; AMD, 1982 MAR p. 1098, Eff. 267, L. 2007. RV park tenants are no exception to this rule. 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 . Just like other types of real estate, mobile homes are subject to local real estate laws including zoning. 70-33-403. All lots must have at least enough space for two parked cars. 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. 70-33-403. Differentiate between lots and other park property so that there is no gray area regarding responsibilities. Sec. In either case the tenant may recover actual damages. 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. 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. His bill, he said, is modeled after a law that has been on the books for decades in New Hampshire. (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. (1) If the tenant refuses to allow lawful access, the landlord may either obtain injunctive relief to compel access or terminate the rental agreement. (i) the termination does not violate a provision of this section or any other state statute; and (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. That means preventing or stopping excessive noise and disturbance. 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. Cal. Go to Top. (2) Unless otherwise provided in this chapter, the tenant may recover actual damages and obtain injunctive relief for any noncompliance by the landlord with the rental agreement or70-33-303. 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. After rent increases and added water, sewer and garbage fees, she said, her lot payment now averages $595 more than twice as much. 406-720-7919 (fax) They need to read and sign the document. You're all set! Grounds for termination of rental agreement. Sec. 0000136387 00000 n . 50, Ch. (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; Except as provided in subsection (4) of this section, if the tenants noncompliance is purposeful, the landlord may recover treble damages. A landlord can place a lien on a mobile home for space rent or unpaid utilities. Unlawful ouster, exclusion, or diminution of services tenants remedies. (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. This table may omit bill actions recorded since this guide's last update. 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. Not only are there comprehensive acts written on this topic but almost every state has its own laws as well. Just one example that people often take for granted is trees. The landlord's lien may not exceed $2,000 or the total amount due, whichever is less. This is another one thats important but may not be relevant to most owners. O + ' (7) (a) The landlord may deduct from the proceeds of the sale the reasonable costs of notice, storage, labor, and sale and, subject to any prior security interest of record, any delinquent rent or damages owing on the premises. (2) A right or obligation declared by this chapter is enforceable by action unless the provision declaring it specifies a different and limited effect. (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: <>/ExtGState<>/Font<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> trailer Montana does not have laws protecting mobile home park residents from unfair rent increases. /T 428908 5/28/82; AMD, 1995 MAR p. 634, Eff. 126 0 obj Refusal of access landlords remedies. All lots must have at least enough space for two parked cars. (b) notify the local law enforcement office of the property held by the landlord; 70-33-423. << Prohibited provisions damages. 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. (2) (a) If the tenant abandons the lot, the landlord shall make reasonable efforts to rent the lot at a fair rental. In an action on a rental agreement or arising under this chapter, reasonable attorney fees, together with costs and necessary disbursements, may be awarded to the prevailing party notwithstanding an agreement to the contrary. With six dedicated reporters on staff, weve already covered three times as many legislative stories as we did in previous sessions. 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. History:En. Maybe thats not so easy in our current rental market, but thats an option. *un/]O'#uF}Z|kdIay>`8=nW88Sr w9O 70-33-428. No name calling. When the subject of active adult communities comes up, people commonly wonder whether age-restricted communities are actually legal. Sec. Action for nonpayment of rent tenants counterclaim. 0000001961 00000 n Sec. Maurice A. (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. (b) destroying or otherwise disposing of the mobile home if the landlord reasonably believes that the value of the mobile home is so low that the cost of a sale would exceed the reasonable value of the mobile home. Whoops! 4/28/95 . A landlord is entitled to payment of the removal and storage costs allowed under subsection (2) before the owner may remove the mobile home. If there is noncompliance by the tenant with70-33-321affecting health and safety that can be remedied by repair, replacement of a damaged item, or cleaning and the tenant fails to comply as promptly as conditions require in case of emergency or within 14 days after written notice by the landlord specifying the breach and requesting that the tenant remedy the breach within that period of time, the landlord may enter the lot and cause the work to be done in a competent manner and submit an itemized bill for the actual and reasonable cost, the fair and reasonable cost, or the fair and reasonable value of the work as rent on the next date rent is due or, if the rental agreement has terminated, for immediate payment. For example, in instancesof a natural disaster or because of municipal maintenance or error. A tenant cannot be evicted for revenge. Stop Mobile Home Repossession Landlords remedies after termination action for possession. History:En. Military personnel may give less than 30 days notice if they were also unaware. He is a jack of all trades type of guy. The sale proceeds are subject to any prior security interest of record. (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. (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. 267, L. 2007. In the notice the landlord shall disclose and describe in detail the nature of the change of use. 70-33-426. 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. Fire or casualty damage rights and obligations of tenant. 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. (3) Regardless of where the landlord stores the mobile home, the landlord shall: (2) If the rental agreement is terminated, the landlord shall return all security recoverable pursuant to Title 70, chapter 25, and any prepaid rent. 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. Landlords recovery of possession limited. Whether you want to place a mobile home on your private plot of land, in a mobile home community, or open a mobile home park of your own, you will be affected by zoning laws. Disposition of abandoned mobile home. Retaliatory conduct by landlord prohibited. <> 70-33-422. 4 0 obj They need to read and sign the document. Unlawful ouster, exclusion, or diminution of services tenants remedies. No overly close neighbors. (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: If you wish to suggest an update please contact us. /Prev 428896 Box 200513 Helena, MT 59620 Phone: (406) 444-6880 Email Us. Rights and Duties of Parties; Part 4. Landlords failure to deliver premises tenants remedies. The notice tells you that the park owner plans to get rid of your mobile home. Montana's independent nonprofit news source. 267, L. 2007. Accidents happen and more often than not, this isnt allowed by law anyway. History:En. 0000131603 00000 n (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. initial registration fee - $100,000 x 4% x 11.25%.) 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. Action for nonpayment of rent tenants counterclaim. 799.31. 51, Ch. (2) If the landlord does not keep the mobile home stored on the premises, the landlord shall store the mobile home in a place of safekeeping and in either case shall exercise reasonable care for the mobile home. Please contact him at edietrich@montanafreepress.org with bug reports, questions or suggestions. %PDF-1.4 Sec. 40, Ch. 267, L. 2007. Sec. 0 Never miss Montanas biggest stories and breaking news. A bill of sale, as explained earlier, is used as proof of purchase of a property, in this case, a mobile home. 39, Ch. /S 549 (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). 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