(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. 70-33-429. endobj
70-33-432. 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. Sec. 34, Ch. In either case, the landlord may recover actual damages. (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. (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. 2 0 obj
In most cases, the park then has 7-10 days to accept or decline the offer. (2) If a tenant removes a lock or replaces or adds a lock not supplied by the landlord to the premises and fails to provide a key as required by70-33-312(5), the landlord may either obtain injunctive relief or terminate the rental agreement. 43, Ch. The MHOCCA only applies to the rental of lots in manufactured home communities. 70-33-410. (b) has complained to the landlord in writing of a violation under70-33-303; or Landlords remedies after termination action for possession. 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. (2) If the rental agreement is terminated, the landlord shall return all security recoverable pursuant to Title 70, chapter 25, and any prepaid rent. Refusal of access landlords remedies. Disposal may include having the mobile home removed to an appropriate disposal site. Usually, rent increases by 10% on a yearly basis to account for inflation and the rising cost of living. It also requires owners to review counteroffers if a residents' association uses that time to organize in an effort to purchase the park. (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. If they do own the land, a foreclosure process will be initiated rather than a repossession. 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. (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. You should have a written agreement which sets the terms of your lease. Noncompliance of tenant generally landlords right of termination damages injunction. The next is to have a system for collecting complaints and then providing arbitration. (b) After all required permits requesting a change of use have been approved by the unit of local government, the landlord shall give the mobile home owner and a tenant of the mobile home owner 6 months written notice of termination of tenancy. Just because you are the landlord and owner doesnt mean the tenants dont have a say. Retaliatory conduct by landlord prohibited. The presumption does not arise if the tenant made the complaint after notice of a proposed rent increase or diminution of services. In either case the tenant may recover actual damages. 2 - They vary from location to location Some locations are more thorough than others in dictating the requirements placed on mobile home park landlords. This eviction notice gives the tenant 14 calendar days to fix the issue or move out. (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. History:En. Prohibited provisions 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 The affordable housing industry is a great business model, But the real estate construction business model is not. 70-33-427. Electrical, plumbing, gas, water lines, and sewage are all basic human rights. 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. stream
If you wish to suggest an update please contact us. trailer
49, Ch. Disposition of abandoned personal property. Sec. Disposition of abandoned personal property. After satisfaction of the lien, the landlord shall remit to the mobile home owner the remaining proceeds, if any. (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; 70-33-403. Sec. You can explore additional available newsletters here. Go to Top. Remember that manufactured homes are supposed to be affordable housing and most tenants will be conscientious of their finances. A good first step is to have watertight rules in place so that its clear when one party was out of line. History:En. You also need to know how and when to take action in cases of missed payments. 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. housing. (3) The remedy provided in subsection (2) is in addition to a right of the tenant arising under subsection (1). A landlord can evict a tenant for nonpayment of rent, criminal activity, or not abiding by the mobile park's regulations. 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. (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). 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. Such laws often define the rights of the mobile home park owner to evict tenants. 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. <>
"Resident" means a tenant who has occupied a lot in a park for nine months or more. 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. Remedies for absence or abandonment. After rent increases and added water, sewer and garbage fees, she said, her lot payment now averages $595 more than twice as much. Liens currently filed with the Secretary of State's Office are: UCC Lien, a lien against goods used or bought for commercial purposes. (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. Accountability reporting matters. Sec. (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 +}7>j>q8X[-.`/7pRw:rRB/c
.]#vo*a[LRR`uG|Tx6R=^7EAr?b2,?kndo_ dA\aUMokQ! initial registration fee - $100,000 x 4% x 11.25%.) You may deduct the cost of rent for a mobile home you own if it is your principal residence. 70-33-431. 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. /ID [<28bf4e5e4e758a4164004e56fffa0108><28bf4e5e4e758a4164004e56fffa0108>]
Go to Top. 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. 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. This could be because of poor sanitary conditions, accessibility problems, safety concerns, etc. Action for nonpayment of rent tenants counterclaim. 0000093414 00000 n
70-33-404. Go to Top. %
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. A landlord is entitled to payment of the removal and storage costs allowed under subsection (2) before the owner may remove the mobile home. Box 200516 Helena, MT 59620 Phone: (406) 841-2056 Fax: (406) 841-2050 Email Us Additionally, make sure to communicate any changes to tenants effectively. 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. 70-33-408. 70-33-408. Insurance is also a must. Remedies; Sec. Landlords failure to deliver premises tenants remedies. 41, Ch. 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. 30, Ch. (ii) if substantially the same act or omission that constituted a prior noncompliance of which notice was given recurs within 6 months, the tenant may terminate the rental agreement upon at least 14 days written notice specifying the breach and the date of termination of the rental agreement; The landlord may issue a 3-Day Notice to Quit. 267, L. 2007. 2023 Montana's independent nonprofit news source. Go to Top. /Length 857
This might include the pool, bbq, communal kitchen, roads, etc. 0000091893 00000 n
Sec. In general, one months worth of rent is a more than adequate security deposit. Go to Top. (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. 70-33-408. (b) make a reasonable effort to determine if the mobile home is secured or otherwise encumbered; and (2) If one party purposefully uses a rental agreement containing provisions known by that party to be prohibited, the other party may recover, in addition to actual damages, an amount up to 3 months rent. 70-33-402. 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. 70-33-406. (ii) If the landlord fails to comply with the rental agreement or70-33-303and the reasonable cost of compliance is less than 1 months rent, the tenant may recover damages for the breach under subsection (2). Going against the lease / agreement. Unconscionability court discretion. 267, L. 2007. Trails are groomed by local clubs or the chambers of commerce with grant money provided by Montana State Parks. History:En. Laws and Rules Online Complaint Form MHP & RCA Resources Related Topics Food, Pools, and Lodging Services Environmental Health Division EH Division Home Contact Info Food, Pools and Lodging Services Section 651-201-4500 health.mhprca@state.mn.us Laws and Rules CHAPTER 4630 Camps and Manufactured Home Parks Repealed within Chapter 4630 . 0000000017 00000 n
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With six dedicated reporters on staff, weve already covered three times as many legislative stories as we did in previous sessions. 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. When the subject of active adult communities comes up, people commonly wonder whether age-restricted communities are actually legal. Grounds for termination of rental agreement. Waiver of landlords right to termination. 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. We hope that this article will help you run a smooth, neat, safe, and pleasant mobile home park. (adsbygoogle = window.adsbygoogle || []).push({}); Follow Us: 2023 EZ Homes, all rights reserved. (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. 267, L. 2007. startxref
301 South Park Ave. Helena, MT 59620 Building and Commercial Measurements Bureau P.O. (3) If the landlord consents to the tenants continued occupancy,70-33-201(2)(e) applies. (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. Latest version of the adopted rule presented in Administrative Rules of Montana (ARM): 37.111.201 DEFINITIONS (REPEALED) (See the Transfer and Repeal Table) History: 50-52-102, MCA; IMP, 50-52-102, MCA; Eff. stream
This one is as much for your own protection as for the information and good of your tenants. I dont want tenants knowing my business, said Sharon Lodge, who said she owns a small park near Belgrade. 0000136104 00000 n
In the case of a sheriffs sale, the sheriff shall conduct the sale upon receipt of an affidavit from the landlord stating facts sufficient to warrant a sale under this section. History:En. (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. A tenant cannot be evicted for revenge. 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. 0000126248 00000 n
(ii) A party to whom a net amount is owed must be paid first from the money paid into court, and the balance must be paid by the other party. Go to Top. /Type /Catalog
Go to Top. (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. 267, L. 2007. As part of every tenants right to privacy, you will need to make a request before entering their home. History: En. The park owner himself didnt comply with the lease agreement. <<
Three bills introduced in the Montana Legislature this year sought to protect mobile home owners like Newman from the rising tide of housing prices, but only one is still alive -- the others stalling in committee during a session that has seen many affordable housing bills struggle to gain traction. Land rental fees typically include water, sewer, garbage, and recycling pickup. 0000131931 00000 n
70-33-432. The landlord is also responsible for ensuring that garbage collection takes place as usual. 35, Ch. endobj
70-33-429. The mobile home owner must be provided with a minimum of sixty-days' written notice to sell or remove the home from the park. 40, Ch. (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: If the tenants holdover is purposeful and not in good faith, the landlord may recover an amount of not more than 3 months rent or treble damages, whichever is greater. The U.S. At the start, make sure that every tenant receives a list of the rules and regulations of the park when joining. Go to Top, 406-770-3535 (phone) 0000002246 00000 n
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