See the. Knowing your responsibilities and expectations placed on your shoulders is the first step towardsgood residential park management. 97 30 Continually being vigilant for infringements, listening to complaints, and addressing concerns can quickly become a full-time job. Landlords recovery of possession limited. << (b) the tenant is in default in rent; or 41, Ch. However, all common grounds in the park should be kept as clean and sanitary as possible. (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. Grounds for termination of rental agreement. The Property Assessment Division appraises and values properties and administers certain property taxes in Montana. Disposition of abandoned personal property. (a) selling all or part of the property at a public or private sale; or 70-33-425. A landlord can evict a tenant for nonpayment of rent, criminal activity, or not abiding by the mobile park's regulations. >> History:En. Sec. 70-33-405. (i) the termination does not violate a provision of this section or any other state statute; and (b) If the landlord fails to use reasonable efforts to rent the lot at a fair rental or if the landlord accepts the abandonment as a surrender, the rental agreement is terminated by the landlord as of the date the landlord has notice of the abandonment. Fire or casualty damage rights and obligations of tenant. 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. 70-33-404. These big corporations are coming in, buying up mobile home parks and making the once affordable unaffordable, Hill said. Prohibited provisions damages. 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. /N 6 (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 Montana does not have laws protecting mobile home park residents from unfair rent increases. Update 5:40 p.m. Minnesota law allows a park to ask a resident to move for the following reasons: 1. (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: Dan Paton has been working full-time in this field for over a decade. Republican lawmakers on the House Judiciary Committee greenlit bills to ban most abortions after 12 weeks of pregnancy, add reporting requirements for medication abortions and increase medical interventions when non-viable infants are born alive. You should have a written agreement which sets the terms of your lease. Sec. 70-33-431. (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. (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. 39, Ch. 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 make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. You have 14 days to claim the mobile home before this happens. At the start, make sure that every tenant receives a list of the rules and regulations of the park when joining. 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. 70-33-426. 0000110186 00000 n Additionally, make sure to communicate any changes to tenants effectively. Dan and his wife have 4 children. 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 The landlord may issue a 3-Day Notice to Quit. Go to Top. (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. 0000000929 00000 n Accountability reporting matters. If the repair is required in a case of emergency and the landlord has not made the repairs, the tenant may have repairs made only by a person qualified to make the repairs. (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. Unconscionability court discretion. endobj The sale proceeds are subject to any prior security interest of record. History: En. 70-33-409. 267, L. 2007. Unlawful ouster, exclusion, or diminution of services tenants remedies. 31, Ch. (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: Sign up and take advantage of access to the largest catalogue of legal forms. Sec. 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. (l) changes in the use of the land if the requirements of subsection (2) are met, for which the notice period is 180 days; REGULATIONS COVERING MOVEMENT OF OVERSIZE MOBILE HOMES, SECTIONAL HOMES, SECTIONAL BUILDINGS, PORTABLE HOMES AND BUILDINGS, PREFAB HOMES AND BUILDINGS, NOT INCLUDING PRE-CUT PANELIZED HOMES OR BUILDINGS, AND HOUSE OR BUILDING MOVING, OVER 12 FEET WIDE, INCLUDING EAVES. You can explore additional available newsletters here. Roads are the responsibility of the park. 70-33-405. 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. 799.31. Make sure that all the homes in the park are up to safety codes and zoned correctly for the weather and wind conditions. 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. (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. 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. Not only are there comprehensive acts written on this topic but almost every state has its own laws as well. (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. Landlords recovery of possession limited. (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. trailer (5) The landlord may dispose of the mobile home after complying with subsection (3) by: (2) A right or obligation declared by this chapter is enforceable by action unless the provision declaring it specifies a different and limited effect. Tenants failure to maintain lot landlords right to enter and repair. History:En. 267, L. 2007. 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 . Retaliatory conduct by landlord prohibited. 70-33-428. Not only is this the law but its also just good manners and common decency. However, they are not permitted to perform a retaliatory eviction. 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. 70-33-427. 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. xref (d) late payment of rent, late charges, or common area maintenance fees, as established in the rental agreement, three or more times within a 12-month period if written notice is given by the landlord after each failure to pay, as required by subsection (1)(a), for which the notice period for termination for the final late payment is 30 days; (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 (4) If the mobile home owner, within 15 days after receipt of the notice provided for in subsection (3)(c), responds in writing to the landlord that the owner intends to remove the mobile home from where it is stored and does not do so within 20 days after delivery of the owners response, the mobile home may be conclusively presumed to be abandoned. Unlawful ouster, exclusion, or diminution of services tenants remedies. (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. This might include the pool, bbq, communal kitchen, roads, etc. Prohibited provisions damages. Click on your state for information on specific state Tenant / Landlord Laws. Additionally, make sure to communicate any changes to tenants effectively. Your donation funds transparency. Going against the lease / agreement. (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. (4) If the rental agreement is terminated, the landlord shall return all security recoverable by the tenant pursuant to Title 70, chapter 25. (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. Landlords remedies after termination action for possession. Otherwise, your tenants may claim ignorance in defense. Usually, rent increases by 10% on a yearly basis to account for inflation and the rising cost of living. 70-33-426. Land rental fees typically include water, sewer, garbage, and recycling pickup. He has worked as a professional journalist in Montana since 2013, with stints at the Great Falls Tribune, Bozeman Daily Chronicle, and Solutions Journalism Network before joining the Montana Free Press newsroom in Helena full time in 2019. (2) (a) If the tenant abandons the lot, the landlord shall make reasonable efforts to rent the lot at a fair rental. You may deduct the cost of rent for a mobile home you own if it is your principal residence. The rental agreement terminates as provided in the notice for one or more of the following reasons and subject to the following conditions: Certified Food Protection Manager Trainings, Swimming Pools, Spas, and other Water Features, Tattooing, Cosmetic Tattooing, Body Piercing, Ear Piercing, Aging and Disability Resource Center (ADRC), Nursing Facilities and other Living Options, SHIP - State Health Insurance Assistance Program, Home Energy, Water and Weatherization Assistance Programs, Aging & Disability Resource Center (ADRC), MTAP (Montana Telecommunications Access Program), Licensing healthcare and residential services, Mental Health Nursing Care Center - Lewistown, Montana Chemical Dependency Center - Butte, Eastern Montana Veterans Home - Glendive, Montana Veterans Home - Columbia Falls, Web Version of 37.111.12 Trailer Courts, Campgrounds, Youth Camps, and Work Camps, PDF Version of 37.111.12 Trailer Courts, Campgrounds, Youth Camps, and Work Camps, FCS Circular 1-2016 - Standards for Nonpublic Water Supplies Serving Licensed Establishments, MCA 50-52 Tourist Campgrounds and Trailer Courts, NOTICE OF USE OF PROTECTED HEALTH INFORMATION, ACCESSIBILITY, DISCLAIMER AND WEB STANDARDS. Unlawful or unreasonable entry by landlord tenants remedies. (c) make a reasonable effort to determine if the property is secured or otherwise encumbered; and And thats just life, he said. 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. Agricultural Lien, a lien against goods used or bought for farming or ranching purposes. If you wish to suggest an update please contact us. History:En. 70-33-434. Owners will want to know what falls to them so that they are prepared and can keep up on their homes curb appeal. Some parks are exempt if they only had one parking space per lot at the time of opening. 0000130442 00000 n If your park is in a zone that experiences hurricanes or tornadoes, you will need to have plans in place for either event. History:En. Sec. 0000126592 00000 n 301 South Park Ave. Helena, MT 59620 Building and Commercial Measurements Bureau P.O. This handbook explains the Minnesota laws concerning manufactured home park residents and park owners. (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. (5) The maintenance of an action under subsection (4) of this section does not release the landlord from liability under70-33-404(2). (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. 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. 70-33-429. REP. 7/29/1988. 0000108882 00000 n Landlords push back on pro-tenant, mobile-home park bills. It also requires owners to review counteroffers if a residents' association uses that time to organize in an effort to purchase the park. 2023 Montana's independent nonprofit news source. 267, L. 2007. Military personnel may give less than 30 days notice if they were also unaware. Disposition of abandoned personal property. 0000093414 00000 n The landlord may charge the mobile home owner reasonable removal and storage charges. 5/28/82; AMD, 1995 MAR p. 634, Eff. Sign up for our free summaries and get the latest delivered directly to you. 267, L. 2007. a]THWD27I-AoVe2ryd}X9/@ #P-!%eQ_^tiwxBAEpv? D!0 HZ9Fgqd']tKz It would require a two-year term for lot rental renewals, limit utility fees to actual utility costs and extend the timelines for eviction proceedings and the disposal of abandoned mobile homes. Maurice A. (1) If the rental agreement is terminated, the landlord has a claim for possession and for rent and a separate claim for actual damages for any breach of the rental agreement. 50, Ch. 70-33-430. [emailprotected], HH Evictions, Inc. (3) If the landlord consents to the tenants continued occupancy,70-33-201(2)(e) applies. Material Health/ Safety Violation - If a tenant violates a building, housing, safety or health code the landlord may issue a 14-Day Notice to Cure or Vacate. /O 99 51, Ch. Refusal of access landlords remedies. Go to Top. 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. (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. 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. If you are renting a manufactured home in an MHP, you are covered 34, Ch. 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. Sec. Key points to remember: Safety Rent collection Proper eviction practices (1) (a) If the lot or premises are damaged or destroyed by fire or casualty to an extent that enjoyment of the lot is substantially impaired, the tenant may immediately vacate the premises and notify the landlord in writing within 14 days of vacating the premises that it is the tenants intention to terminate the rental agreement. (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. 97 0 obj His bill, he said, is modeled after a law that has been on the books for decades in New Hampshire. Go to Top. While mobile-home units can in theory be moved to a new location, thats in practice costly upwards of $10,000, Nikolakakos said and in some cases impossible for older homes that arent in good enough condition to survive a move intact. Get free summaries of new opinions delivered to your inbox! (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. 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. 3 0 obj stream We are all familiar with the typical Hollywood trope of the angry landlord shouting after their tenants to pay up their late rent. (b) make a reasonable effort to determine if the mobile home is secured or otherwise encumbered; and In 2021, Montana passed a law that exempts mobile home park sales from capital gains taxes if the homes are sold to park residents. 4 0 obj 70-33-423. Sec. Electrical, plumbing, gas, water lines, and sewage are all basic human rights. (c) If there is no rent remaining due after application of this section, judgment must be entered for the tenant in an action for possession. 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