The next is to have a system for collecting complaints and then providing arbitration. The purpose of these links are to provide manufactured home community tenants with online resources that address issues of Park / Tenant Laws. (b) destroying or otherwise disposing of all or part of the property if the landlord reasonably believes that the value of the property is so low that the cost of storage or sale exceeds the reasonable value of the property. The Landlord must place the lien on the home within fifteen days after the rent or utilities are thirty days past due. 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. These big corporations are coming in, buying up mobile home parks and making the once affordable unaffordable, Hill said. 47, Ch. 33-1434): 1. comply with the requirements of all applicable city, county, and state codes materially affecting health and safety 2. make all repairs and do whatever else may be necessary to ensure that the premises remain in a fit and habitable condition endobj In these cases, its handy if you have a dedicated groundsman that can take care of problems. 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. (1) If the tenant refuses to allow lawful access, the landlord may either obtain injunctive relief to compel access or terminate the rental agreement. Many different areas constitute a mobile home park. 70-33-427. A tenant cannot be evicted for revenge. Accounting or apportionment for rent in the event of termination must be made as of the date of the fire or casualty. /S 549 70-33-428. Go to Top. 70-33-429. (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 39, Ch. 267, L. 2007. 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. 470, L. 1993; amd. Do you have a concern about alicensed public facility such as a restaurant, hotel, trailer court, tattoo artist, or swimming pool? %%EOF The good news is that we have compiled this article to look at the most important and universal mobile home park owners responsibilities, expectations, and problems. Prohibited provisions damages. The mobile home owner must be provided with a minimum of sixty-days' written notice to sell or remove the home from the park. (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. These tenants a lot of times arent capable of doing the repairs needed and cleaning up the parks with the bad tenants in there, said Dylan Osterhout, who said he runs real estate brokerage and manages mobile-home parks in Helena. Sec. 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 You may deduct the cost of rent for a mobile home you own if it is your principal residence. Usually, rent increases by 10% on a yearly basis to account for inflation and the rising cost of living. 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. (5) The landlord may dispose of the mobile home after complying with subsection (3) by: Effective Financing Statement Lien, a lien against specific crops, livestock, and unmanufactured products. A list of the home owners responsibilities. Click on your state for information on specific state Tenant / Landlord Laws. x\YoH~7o+-6lM0|V6([XTd*AoU5IQ2JDa!^E:FA^Y6LbOzE67qpt(O"qsewgg"?t@))_lw?tw'22pLR'FvwwM\g@ }Qd/v@pa0QA$L oN';;I~97#U)_$2AzIJ}k4%?v"SQC\VtR9sK:npb1P*l]A }|\V)Gp1>Dx3qn We received 3 reports with mobile home park lot rent running around $400 ($390, $400, and $440). 70-33-427. 70-33-433. (b) If the tenant cannot after due diligence be found, the remaining proceeds must be deposited with the county treasurer of the county in which the sale occurred and, if not claimed within 3 years, must revert to the general fund of the county. 799.32. You'll never have to beat the ceiling with a broom again! << 0000002246 00000 n 0000136104 00000 n 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). If your park is in a zone that experiences hurricanes or tornadoes, you will need to have plans in place for either event. (3) The remedy provided in subsection (2) is in addition to a right of the tenant arising under subsection (1). Go to Top. /E 137596 (k) conviction of the mobile home owner or a tenant of the mobile home owner of a violation of a federal or state law or local ordinance, when the violation is detrimental to the health, safety, or welfare of other tenants or the landlord or manager or the landlords documentation of a violation of the provisions of Title 45, chapter 9, for which the notice period is 14 days; Go to Top, 406-770-3535 (phone) U"lH&W (?@@`e aYU8|T.Q >^U2Wh /hAp;p.fK;G&nAuzblSd/60o|MZX;(t=76+:?TStg9.3. 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.. << >> 70-33-430. Did you witness a violation of local or state COVID regulations? Unconscionability court discretion. 70-33-429. 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. 97 0 obj We already mentioned providing some kind of replacement should services be interrupted. (c) send a notice by certified mail to the last-known address of the mobile home owner and to any person or entity the landlord determines has an interest referred to in subsection (3)(b), stating that at a specified time, not less than 15 days after mailing the notice, the mobile home will be disposed of if the mobile home owner does not respond and remove the mobile home. (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. 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. 0000093414 00000 n LIENS. About the 2023 Montana Free Press Capitol Tracker. "Tenant" means the owner or operator of a recreational vehicle who has occupied a lot in a park for more than 30 consecutive . Sec. 70-33-402. ! " Dan works heavily in the administrative role within the organization. (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. 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. (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. Reporting and web design was done primarily by MTFP Deputy Editor Eric Dietrich. (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; /P 0 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. The bill is signed by both the buyer and the seller in a compa ny of a notary witness. 70-33-432. 49, Ch. Disposition of abandoned mobile home. /Type /Catalog /H [ 1031 930 ] 41, Ch. 70-33-432. 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. Sec. When the subject of active adult communities comes up, people commonly wonder whether age-restricted communities are actually legal. Remedies for absence or abandonment. 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. 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. /ID [<28bf4e5e4e758a4164004e56fffa0108><28bf4e5e4e758a4164004e56fffa0108>] (b) a settlement in which a party waives or agrees to forego a claim or right under this chapter or under a rental agreement is unconscionable, the court, in order to avoid an unconscionable result, may refuse to enforce the settlement, may enforce the remainder of the settlement without the unconscionable provision, or may limit the application of any unconscionable provision. 456, L. 2001; amd. (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; Go to Top. Parks are legally obligated to provide all park residents with "quiet enjoyment" of the premises, and that quiet enjoyment can be disrupted if park residents are at risk from dangerous breeds brought into the park. Just because you are the landlord and owner doesnt mean the tenants dont have a say. 267, L. 2007. (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; Knowing your responsibilities and expectations placed on your shoulders is the first step towardsgood residential park management. Also common, though, is a situation in which the landlord owns both the mobile home and the land. 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. Differentiate between lots and other park property so that there is no gray area regarding responsibilities. Landlords recovery of possession limited. A bill of sale. (b) has complained to the landlord in writing of a violation under70-33-303; or Well discuss this a little more in the following sections. 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. Homeowners and emergency vehicles must have access to their homes and the rest of the park respectively. 45, Ch. House Bill 428, sponsored by Rep. Mike Yakawich, R-Billings, would strengthen several tenant protections for mobile-home owners. 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. History:En. (1) The remedies provided by this chapter must be administered so that an aggrieved party may recover appropriate damages. RV park tenants are no exception to this rule. History:En. There was an error and we couldn't process your subscription. (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. Go to Top. 0000130442 00000 n (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; 70-33-406. 35, Ch. (3) If the landlord consents to the tenants continued occupancy,70-33-201(2)(e) applies. History:En. There is a balance to be found in between. (3) The acceptance of partial payment of rent due does not constitute a waiver of any right. Grounds for termination of rental agreement. (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: (f) two or more violations within a 12-month period of the same rule for which notice has been given for each prior violation, as provided in subsection (1)(a), (1)(b), or (1)(c), for which the notice period for the final violation is 30 days; 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. As part of every tenants right to privacy, you will need to make a request before entering their home. Landlords failure to provide essential services tenants remedies. A bill of sale, as explained earlier, is used as proof of purchase of a property, in this case, a mobile home. But perhaps the most important reason that you will not want to build a new mobile home park is that you can't make any money with it. This is the situation described above. If you wish to make an additional gift toward our accountability coverage, it will go directly toward funding the tools and resources that help bring clarity to the inner workings of our state government. Disposition of abandoned mobile home. 38, Ch. Is that reasonable? endobj (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. Noncompliance of tenant generally landlords right of termination damages injunction. (c) compliance with the applicable building or housing code requires alteration, remodeling, or demolition that would effectively deprive the tenant of use of the lot. Fire or casualty damage rights and obligations of tenant. (b) demand performance of the rental agreement by the landlord and, if the tenant elects, maintain an action for possession of the lot against the landlord or a person wrongfully in possession and recover the actual damages sustained by the tenant. Landlords remedies after termination action for possession. 70-33-405. Get A Quick Cash Offer For Your Mobile Home. Refusal of access landlords remedies. More by Eric Dietrich. In either case the tenant may recover actual damages. Landlords failure to maintain premises tenants remedies. Get your insiders look into what's happening in and around the Capitol. 267, L. 2007. In an apartment complex, you get mad at your landlord, you get a U-Haul, load up with your stuff and find another place, Nikolakakos said. Tenants failure to maintain lot landlords right to enter and repair. (i) the termination does not violate a provision of this section or any other state statute; and Go to Top. Landlords recovery of possession limited. (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). How do you get rid of them? said Montana Landlords Association president John Sinrud. % For specific advice or assistance, residents and park owners may contact the organizations listed here, or a private attorney. PROPERTY CHAPTER 33. A landlord is entitled to payment of the removal and storage costs allowed under subsection (2) before the owner may remove the mobile home. 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