Remember that manufactured homes are supposed to be affordable housing and most tenants will be conscientious of their finances. Park owners and landlords also pushed back on the tenant protections bill, saying its provisions would make it harder for them to evict problematic tenants. Tell us at tips@montanafreepress.org. (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. 43, Ch. /N 6 Retaliatory conduct by landlord prohibited. 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. 38, Ch. Tenants failure to maintain lot landlords right to enter and repair. The sale proceeds are subject to any prior security interest of record. /Outlines 88 0 R 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. The park owner must mail you a "14-day notice" - sent first class mail, with proof of mailing. Landlords push back on pro-tenant, mobile-home park bills. 70-33-409. 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. Both bills now face initial votes in the House Judiciary Committee. 70-33-433. Please reload the page and try again. The landlord may store the property in a commercial storage company, in which case the storage cost includes the actual storage charge plus the cost of removal of the property to the place of storage. At the start, make sure that every tenant receives a list of the rules and regulations of the park when joining. Usually, committal of a crime is the only circumstance in which you can immediately evict a tenant. 267, L. 2007. 0000108882 00000 n 0000126248 00000 n They are not low-income government housing, Groven said. Sec. Help fund our coverage through the rest of the session. (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. Sec. Landlords failure to maintain premises tenants remedies. 29, Ch. 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. History:En. 126 0 obj 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. /E 137596 Disposition of abandoned personal property. (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; (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. (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. Trailer Courts and Campgrounds Rules 37.111.12 Trailer Courts, Campgrounds, Youth Camps, and Work Camps FCS Circular 1-2016 - Standards for Nonpublic Water Supplies Serving Licensed Establishments Laws MCA 50-52 Tourist Campgrounds and Trailer Courts Plan Review Forms Campground or Trailer Court Work Camp Mobile home parks, also known as manufactured home parks, are usually subjected to local and state laws. /Pages 95 0 R (3) Regardless of where the landlord stores the mobile home, the landlord shall: 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. (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. 70-33-423. 70-33-425. Unlawful ouster, exclusion, or diminution of services tenants remedies. /Size 127 >> 70-33-402. 267, L. 2007. His bill, he said, is modeled after a law that has been on the books for decades in New Hampshire. STEP TWO: Have a Valid Reason for Wanting to Evict a Tenant from Your RV Park. Great Falls, MT 59403, Copyright 2020 HH Evictions Stout WordPress theme by. 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. That means preventing or stopping excessive noise and disturbance. The following reasons will be good enough and legal to evict someone from your park: Failure to pay rent. 267, L. 2007. History:En. 267, L. 2007. 70-33-404. After rent increases and added water, sewer and garbage fees, she said, her lot payment now averages $595 more than twice as much. Go to Top. All lots must have at least enough space for two parked cars. 0000131931 00000 n 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. 2, Ch. Homeowners and emergency vehicles must have access to their homes and the rest of the park respectively. Especially when you have children in the park, which opens a whole can of worms regarding safety. 70-33-405. Priest Attorney at Law 7420 Greenhaven Drive, Suite 125 Sacramento, CA 95831 Phone 916-429-4600 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. Montana's independent nonprofit news source. 70-33-427. 70-33-426. Go to Top. 70-33-424. trailer [emailprotected], HH Evictions, Inc. In 2021, Montana passed a law that exempts mobile home park sales from capital gains taxes if the homes are sold to park residents. 70-33-408. History:En. Foreclosure can also be treated differently based on your state. Landlords failure to deliver premises tenants remedies. Sec. If the landlord rents the lot for a term beginning before the expiration of the rental agreement, the rental agreement terminates as of the date of the new tenancy. You also want to have a degree of approachability among your tenants so that they dont hesitate to reach out to you when they have concerns. History:En. History:En. Rental Agreements; Part 3. (a) notify the local law enforcement office of the storage; History: En. "Tenant" means the owner or operator of a recreational vehicle who has occupied a lot in a park for more than 30 consecutive . Payments that constitute rent are amounts paid specifically as rent are allowed; and. 267, L. 2007. (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). (2) In an action for possession or unlawful holdover, the provisions of Title 25, chapter 23, apply, except that the time for filing an answer under Rule 4C(2)(b) is 10 days after service of summons and complaint, exclusive of the date of service. We hope that this article will help you run a smooth, neat, safe, and pleasant mobile home park. You would be surprised how many potential hazards there are in a mobile home park. 45, Ch. Accountability reporting matters. (4) A claim or right arising under this chapter or on a rental agreement, if disputed in good faith, may be settled by agreement. Refusal of access landlords remedies. (2) If a landlord plans to change the use of all or part of the premises from mobile home lot rentals to some other use, each affected mobile home owner must receive notice from the landlord as follows: 0000136387 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). Also common, though, is a situation in which the landlord owns both the mobile home and the land. Do you have a concern about alicensed public facility such as a restaurant, hotel, trailer court, tattoo artist, or swimming pool? However, they are not permitted to perform a retaliatory eviction. (1) Unless otherwise provided in this chapter, if there is a noncompliance with70-33-303affecting health and safety, the following procedures apply: (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. The new policy went into effect March 1, 2018, and while parts of it are not directly applicable to mobile home parks, it does an admirable job of balancing the rights of owners of emotional support animals with the rights of the people with whom the animals come into contact. Bills would require advance notice of sales to help community ownership bids, extend eviction timelines. (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. Disposition of abandoned personal 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. Its also one of the main reasons why many owners decide to hire managers or landlords so that they dont have to deal with the residents themselves. 267, L. 2007. Sec. 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 History:En. 37, Ch. Lucas Hancock, 32 of Spokane . 70-33-434. You also need to know how and when to take action in cases of missed payments. With this in mind, those who wish to build or park a tiny house in Montana may need to thoroughly research laws in the relevant city and county, and special permission may be needed in some cases. This Mobile Home Lot Lease Agreement for Montana is for use by a landlord when renting a mobile home lot to a tenant. Noncompliance of tenant generally landlords right of termination damages injunction. History:En. << History:En. 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. 70-33-406. Knowing your responsibilities and expectations placed on your shoulders is the first step towardsgood residential park management. Landlords failure to maintain premises tenants remedies. Tenants failure to maintain lot landlords right to enter and repair. (b) If the action is appealed to the district court, the hearing must be held within 20 days after the case is transmitted to the district court, except that if the rental agreement is terminated because of noncompliance under70-33-321(4), the hearing must be held within 5 business days after the case is transmitted to the district court. Refusal of access landlords remedies. 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. 47, Ch. Landlords remedies after termination action for possession. 267, L. 2007. 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 Military personnel may give less than 30 days notice if they were also unaware. Make sure that all the homes in the park are up to safety codes and zoned correctly for the weather and wind conditions. 0000113944 00000 n 41, Ch. History:En. /Length 857 Action for nonpayment of rent tenants counterclaim. Dan works heavily in the administrative role within the organization. /Root 98 0 R About the 2023 Montana Free Press Capitol Tracker. (iii) the tenant may not terminate the rental agreement for a condition caused by the tenant, a member of the tenants family, or any other persons on the premises with the tenants consent. (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; Id. endobj 70-33-427. *un/]O'#uF}Z|kdIay>`8=nW88Sr w9O (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. U"lH&W (?@@`e aYU8|T.Q >^U2Wh /hAp;p.fK;G&nAuzblSd/60o|MZX;(t=76+:?TStg9.3. (2) A right or obligation declared by this chapter is enforceable by action unless the provision declaring it specifies a different and limited effect. Holdover remedies consent to continued occupancy. 0000130647 00000 n 18.8.1008. 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. (2) If a persons failure to deliver possession is purposeful and not in good faith, an aggrieved party may recover from that person an amount of not more than 3 months rent or treble damages, whichever is greater. 267, L. 2007. Other tenants are affected by a bad tenants behavior, not just the owner. 70-33-402. 70-33-432. Grounds for termination of rental agreement. 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. On Tuesday, the Cheney City Council unanimously voted to table the first reading of a proposed land zone change ordinance that could be a precursor to closing the North Cheney Mobile Home Park. Fire or casualty damage rights and obligations of tenant. 9. (iii) The court may at any time release money paid into the court to any party if the parties agree or if the court finds a party is entitled to the money. 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. (3) If the landlord consents to the tenants continued occupancy,70-33-201(2)(e) applies. 70-33-429. "Recreational vehicle park" or "park" has the same meaning as defined in Section 18862.39 of the Health and Safety Code. housing. Go to Top. Landlords recovery of possession limited. He is a jack of all trades type of guy. % 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. Sec. Just like other types of real estate, mobile homes are subject to local real estate laws including zoning. Montana may have more current or accurate information. A landlord is entitled to payment of the removal and storage costs allowed under subsection (2) before the owner may remove the mobile home. Retaliatory conduct by landlord prohibited. 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. Except as provided in subsection (4) of this section, if the tenants noncompliance is purposeful, the landlord may recover treble damages. Hoven said he had proposed additional legislation. 70-33-423. !EO:)!;z>w:q+DkTE 96K24-]J=_tSJ'R-_Oj%D@"`FHtn0Zu+2rk?4\2/ Nucd Wf(kn]PGdSQG.h2 ,w 1zz>c*ZMK/= 406-720-7919 (fax) For example, in instancesof a natural disaster or because of municipal maintenance or error. You're all set! A landlord can place a lien on a mobile home for space rent or unpaid utilities. A landlord can evict a tenant for nonpayment of rent, criminal activity, or not abiding by the mobile park's regulations. A mobile park owner has to ensure that these utilities are running and provided at all times unless it is out of their control. Some parks are exempt if they only had one parking space per lot at the time of opening. (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. 0000109847 00000 n (3) If the tenants mobile home is damaged or destroyed by fire or casualty to an extent that enjoyment of the mobile home is substantially impaired and70-33-430does not apply, it is the obligation of the mobile home owner to remove the mobile home from the lot within 30 days of the damage or destruction. Go to Top. Make sure tenants are aware of garbage collection schedules. 70-33-406. (b) has complained to the landlord in writing of a violation under70-33-303; or No property taxes. Your donation funds transparency. History:En. The notice tells you that the park owner plans to get rid of your mobile home. 70-33-428. (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. 0000125094 00000 n 70-33-433. 0000130442 00000 n (1) A provision prohibited by70-33-202that is included in a rental agreement is unenforceable. is a friendly guide to help you handle these sticky situations. 70-33-408. 98 0 obj O + ' Rights and Duties of Parties; Part 4. 70-33-430. Its also the mobile home park owners responsibility to have a plan in place in case of an emergency. Montana Snowmobiling Handbook (PDF) TITLE 70. Sec. 2023 Personal Property Depreciations Schedules and Trend Tables are now available. Fire or casualty damage rights and obligations of tenant. Several residents who testified Monday said lot rents in their parks have been raised by hundreds of dollars a month following sales, causing some of their neighbors to lose their homes. Is that reasonable? 1 - There are federal and state laws Outside of your own mobile home park laws, there are federal and state laws that will have a higher authority than the laws you set in place for your park. Montana's laws provide some important protections, but also have a . 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 . 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. In Montana, for all other lease violations, the landlord can serve them a 14-Day Notice to Cure or Vacate. Some parks are exempt if they only had one parking space per lot at the time of opening. Go to Top 70-33-103. This is the situation described above. /Linearized 1 All tenants should receive a full copy of the rules and regulations that they can keep with them. For many of the concerns related to the rights of tenants and the landlord, respectively, the, Mobile Home Landlord and Tenant Rights Act. Insurance is also a must. This is atricky subject that often calls for very careful handling. And thats just life, he said. History: En. (i) the termination does not violate a provision of this section or any other state statute; and The City Attorney's Office phone number is 608-266-4511. History:En. This can happen because of natural causes, a direct result of tenant actions or just by pure accident. If you are renting a lot in an MHP that leases two or more lots, you are covered by the MHOCCA. 4 0 obj The landlord may issue a 3-Day Notice to Quit. 18.8.1007. Some parks have many more areas of concern than others. With six dedicated reporters on staff, weve already covered three times as many legislative stories as we did in previous sessions. (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. endobj 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. We received 3 reports with mobile home park lot rent running around $400 ($390, $400, and $440). 0000125292 00000 n 46, Ch. Accountability reporting matters. (3) The remedy provided in subsection (2) is in addition to a right of the tenant arising under subsection (1). 0000131603 00000 n Sec. << <> amounts paid for utilities, furnishings, and parking if the landlord makes NO seperate charges for these items. Go to Top. 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