montana mobile home park laws

Sign up to get our reporting sent straight to your inbox every weekday morning. A list of the home owners responsibilities. 70-33-427. Sec. Go to Top. Military personnel may give less than 30 days notice if they were also unaware. 267, L. 2007. Administration of remedies enforcement agreement. (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. 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. Landlords failure to provide essential services tenants remedies. History:En. (ii) the landlord has given the mobile home owner or tenant of the mobile home owner a minimum of 90 days written notice of the termination. When the subject of active adult communities comes up, people commonly wonder whether age-restricted communities are actually legal. (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. 70-33-406. (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. (m) any legitimate business reason not covered elsewhere in this subsection (1) if the landlord meets the following requirements: Noncompliance of tenant generally landlords right of termination damages injunction. (a) procure reasonable amounts of running water, electricity, gas, and other essential services during the period of the landlords noncompliance and deduct the actual and reasonable cost from the rent; Unlawful or unreasonable entry by landlord tenants remedies. 18.8.1008. Mobile home parks, also known as manufactured home parks, are usually subjected to local and state laws. They are not low-income government housing, Groven said. (4) The landlord may dispose of the property after complying with subsection (3) by: Maybe thats not so easy in our current rental market, but thats an option. Its also the mobile home park owners responsibility to have a plan in place in case of an emergency. The mobile home owner must be provided with a minimum of sixty-days' written notice to sell or remove the home from the park. (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. Florida is the home of one of the first parks in the country, Parsley Trailer Park. 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. Fire or casualty damage rights and obligations of tenant. [emailprotected], HH Evictions, Inc. The Landlord must place the lien on the home within fifteen days after the rent or utilities are thirty days past due. (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). Landlords failure to maintain premises tenants remedies. In some states, like Oregon, the law treats this . 70-33-429. TITLE 70. History:En. However, all common grounds in the park should be kept as clean and sanitary as possible. 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. 0000130647 00000 n Go to Top. 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. (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. Attorney fees costs. 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. /Root 98 0 R 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. Click on your state for information on specific state Tenant / Landlord Laws. refresh results with search filters open search menu. The landlord must also provide electricity, running water and sewage hookups as defined by the tenancy agreement. 406-720-7919 (fax) This is the situation described above. 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. ! " This one is as much for your own protection as for the information and good of your tenants. 267, L. 2007. Land rental fees typically include water, sewer, garbage, and recycling pickup. /H [ 1031 930 ] 0000092845 00000 n 2023 NicheInvestments LLC. At the start, make sure that every tenant receives a list of the rules and regulations of the park when joining. Hoven said he had proposed additional legislation. The park owner must mail you a "14-day notice" - sent first class mail, with proof of mailing. (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. 70-33-434. /O 99 Throughout Montana, local jurisdictions have not acknowledged tiny houses despite the fact that the state critically needs affordable housing solutions. (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. Usually, rent increases by 10% on a yearly basis to account for inflation and the rising cost of living. Your donation funds transparency. 70-33-426. Unlawful ouster, exclusion, or diminution of services tenants remedies. 70-33-423. /Linearized 1 (2) (a) If the tenant abandons the lot, the landlord shall make reasonable efforts to rent the lot at a fair rental. Please check official sources. 70-33-410. (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. 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 manufactured (HUD) home purchased by a Tribal member that will be located within any Indian Country in South Dakota is subject to 11.25% of the 4% initial registration fee. % (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). Just one example that people often take for granted is trees. Accidents happen and more often than not, this isnt allowed by law anyway. 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. 8, Ch. (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. (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. 70-33-409. 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. Action for nonpayment of rent tenants counterclaim. This Mobile Home Lot Lease Agreement for Montana is for use by a landlord when renting a mobile home lot to a tenant. Go to Top. Sec. Go to Top. A tenant can also move out in 30 days regardless of their lease agreement if they have to move for a new job or their career. (1) If the court, as a matter of law, finds that: 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. His bill, he said, is modeled after a law that has been on the books for decades in New Hampshire. Insurance is also a must. 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. History:En. Foreclosure can also be treated differently based on your state. Extermination or prevention of vermin or dangerous pests, such as ticks and mosquitoes, is also the responsibility of the landlord. 0000131931 00000 n Civil Code 798.55. endobj Sec. The landlord is responsible for ensuring that every tenant has access to their home and to other park facilities. 70-33-408. 267, L. 2007. (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; 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. Most tenants will also request that you give them projections of the rent price over the next three years. Well discuss this a little more in the following sections. Fire or casualty damage rights and obligations of tenant. (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; A right or privilege guaranteed by law cannot be waived. Montana does not have laws protecting mobile home park residents from unfair rent increases. Both bills now face initial votes in the House Judiciary Committee. However, it isimportant to run a safe, peaceful, and profitable mobile home park. (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. This is one area that not all landlords are as comfortable with as others, yet it is a very necessary part of park ownership. 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). The landlord is also responsible for ensuring that garbage collection takes place as usual. (1) If a tenancy terminates in any manner except by court order, if the landlord reasonably believes that the tenant has abandoned all personal property that the tenant has left on the premises, and if at least 5 days have elapsed since the occurrence of the events upon which the landlord has based the belief of abandonment, the landlord may remove the property from the premises. Unlawful ouster, exclusion, or diminution of services tenants remedies. In either case the tenant may recover actual damages. This is a project of Montana Free Press, a 501 (c) (3) nonprofit newsroom that aims to provide . Montana may have more current or accurate information. Most mobile home parks have documents which provide you with a long-term lease, but have language which specifies the rental period is a calendar year with the lot rent . Go to Top. (5) The landlord may dispose of the mobile home after complying with subsection (3) by: Disposition of abandoned personal property. History:En. Illegal Acts - Montana landlords have broad authority to determine which types of illegal activities warrant eviction. If your park is in a zone that experiences hurricanes or tornadoes, you will need to have plans in place for either event. List of the rules and regulations of the first parks in the following sections responsibility to a. Over the next three years less than 30 days notice if they were also.. To provide adult communities comes up, people commonly wonder whether age-restricted communities are actually.! Should be kept as clean and sanitary as possible specific state tenant / laws. 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