70-33-423. 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. # $ % &. Just like other types of real estate, mobile homes are subject to local real estate laws including zoning. The landlord may charge a reasonable storage and labor charge if the property is stored by the landlord, plus the cost of removal of the property to the place of storage. Owners will want to know what falls to them so that they are prepared and can keep up on their homes curb appeal. Roads are the responsibility of the park. 0000130442 00000 n
(3) The acceptance of partial payment of rent due does not constitute a waiver of any right. 70-33-427. Weights and Measures P.O. These big corporations are coming in, buying up mobile home parks and making the once affordable unaffordable, Hill said. 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. 70-33-423. /Outlines 88 0 R
Disposition of abandoned personal property. House Bill 428, sponsored by Rep. Mike Yakawich, R-Billings, would strengthen several tenant protections for mobile-home owners. (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. 70-33-408. The City Attorney's Office phone number is 608-266-4511. 0000126592 00000 n
70-33-407. Sec. What happens when youve got drug dealers or any other bad actors in a mobile-home park? 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. a]THWD27I-AoVe2ryd}X9/@ #P-!%eQ_^tiwxBAEpv? D!0 HZ9Fgqd']tKz Agricultural Lien, a lien against goods used or bought for farming or ranching purposes. 267, L. 2007. Knowing your responsibilities and expectations placed on your shoulders is the first step towardsgood, Prev:Disposing Of Old Mobile Homes Safely, Legally, And As Easily As Possible, Mobile Home Park Ideas | Part 4: Places That Rent To Felons. (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. 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. amounts paid for utilities, furnishings, and parking if the landlord makes NO seperate charges for these items. (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. /S 549
Basic RIghts RV park tenants have the right to use laundry, shower and other common facilities located in the park for the duration of their tenancy. This is atricky subject that often calls for very careful handling. 70-33-406. 267, L. 2007. 2, Ch. In general, one months worth of rent is a more than adequate security deposit. (2) If the rental agreement is terminated, the landlord shall return all security recoverable pursuant to Title 70, chapter 25, and any prepaid rent. 267, L. 2007. >>
When the subject of active adult communities comes up, people commonly wonder whether age-restricted communities are actually legal. 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. Payments that constitute rent are amounts paid specifically as rent are allowed; and. 70-33-407. 5-Day Notice to Quit. (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. Provide a notice board that is easy for inhabitants to use or view. Sec. 0000108882 00000 n
46, Ch. Sec. (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. History:En. You also need to be able to find the cause and hold irresponsible tenants liable if they broke park regulations in damaging the property. 70-33-432. 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. (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. It's that simple.Buying an existing mobile home park is a great idea. The policy requires (1) notification that an emotional support . History:En. (i) if the breach is remediable by repairs, the payment of damages, or otherwise and the landlord adequately remedies the breach before the date specified in the notice, the rental agreement does not terminate by reason of the breach; Two possible foundation types exist: A writing or recording is not necessary to create the lien provided for in this section. The landlord is also responsible for ensuring that garbage collection takes place as usual. 3 0 obj
More by Eric Dietrich. Go to Top. Landlords remedies after termination action for possession. (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. 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. Five days is the usual amount of time a tenant has after the due date to square his account before there is any penalty. Remedies for absence or abandonment. 3, Ch. 70-33-434. Sec. 0000115313 00000 n
267, L. 2007. Lucas Hancock, 32 of Spokane . 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. This is another matter that might differ state to state. 70-33-426. (6) The landlord is not responsible for any loss to the tenant resulting from storage unless the loss is caused by the landlords purposeful or negligent act, in which case the landlord is liable for actual damages. 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. 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. History:En. 37, Ch. 0000137401 00000 n
It offered some amazing things like ballroom dancing, full community parties, boat docks, indoor pools, and gorgeous views. Except as provided in subsection (4) of this section, if the tenants noncompliance is purposeful, the landlord may recover treble damages. The MHOCCA only applies to the rental of lots in manufactured home communities. You can update your address by emailing: dorgallatinoffice@mt.gov or by calling 406-582-3400. 49, Ch. 7/29/1988. Yes. 70-33-407. (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. The park owner must mail you a "14-day notice" - sent first class mail, with proof of mailing. 114, L. 2003. (d) send a notice by certified mail to the last-known address of the tenant and each known party having a lien or encumbrance of record, stating that at a specified time, not less than 15 days after mailing the notice, the property will be disposed of if not removed. Click on your state for information on specific state Tenant / Landlord Laws. 43, Ch. 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 . I dont think thats reasonable, Nikolakakos said. Not only are there comprehensive acts written on this topic but almost every state has its own laws as well. This one is as much for your own protection as for the information and good of your tenants. 0000136387 00000 n
initial registration fee - $100,000 x 4% x 11.25%.) 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. 126 0 obj
Differentiate between lots and other park property so that there is no gray area regarding responsibilities. Disposition of abandoned mobile home. With six dedicated reporters on staff, weve already covered three times as many legislative stories as we did in previous sessions. The property values appraised by the department are used by counties to determine property taxes. 9. A mobile-home park just isnt like that.. Military personnel may give less than 30 days notice if they were also unaware. /ID [<28bf4e5e4e758a4164004e56fffa0108><28bf4e5e4e758a4164004e56fffa0108>]
Go to Top. Tenants are also within their right to ask you for proof of the rent amount for the last five years. I know there are times where its not fair. 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. Help fund our coverage through the rest of the session. 70-33-406. O + ' 2 - They vary from location to location Some locations are more thorough than others in dictating the requirements placed on mobile home park landlords. In either case the tenant may recover actual damages. (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. Update 5:40 p.m. Professional Licensing Bureau P.O. Go to Top. 301 South Park Ave. Helena, MT 59620 Building and Commercial Measurements Bureau P.O. Go to Top. 267, L. 2007. Unlawful ouster, exclusion, or diminution of services tenants remedies. Accounting or apportionment for rent in the event of termination must be made as of the date of the fire or casualty. 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. 70-33-401. After all, you will become the landlord for a number of tenants and their families and will be responsible for them to some degree. Purchasing a Manufactured Home Going against the lease / agreement. A bill of sale. /Length 857
267, L. 2007. Extermination or prevention of vermin or dangerous pests, such as ticks and mosquitoes, is also the responsibility of the landlord. 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. (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. Do you have a concern about alicensed public facility such as a restaurant, hotel, trailer court, tattoo artist, or swimming pool? You already receive all suggested Justia Opinion Summary Newsletters. Montana Snowmobiling Handbook (PDF) Senate Bill 269 would require an owner trying to sell a mobile home park to notify its residents, as well as the Montana Board of Housing, of the sale at least 90 days in advance, and give a . (3) The remedy provided in subsection (2) is in addition to a right of the tenant arising under subsection (1). 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. Dan Paton has been working full-time in this field for over a decade. (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). (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. endobj
Click on your state for information on specific state Tenant / Landlord Laws. 0000134984 00000 n
Unlawful ouster, exclusion, or diminution of services tenants remedies. Disposition of abandoned personal property. (3) If the landlord consents to the tenants continued occupancy,70-33-201(2)(e) applies. 267, L. 2007. 70-33-425. 267, L. 2007. (NRS 108.270 (1).) Sec. If you wish to suggest an update please contact us. You will need to keep track of who has paid and still needs to pay; who is late; how long they have been late;the number of infractions; and who pays for what (lot rent, home and lot rent, levies, etc.). (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. Go to Top. 70-33-433. 70-33-425. Landlords remedies after termination action for possession. (a) The landlord shall give the mobile home owner and a tenant of the mobile home owner at least 15 days written notice that the landlord will be appearing before a unit of local government to request permits for a change of use of the premises. Sec. 12/31/72; AMD, 1982 MAR p. 1098, Eff. <<
(g) two or more violations of70-33-321(1) within a 12-month period, for which the notice period for the final violation is 14 days; 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.. The Property Assessment Division appraises and values properties and administers certain property taxes in Montana. In order to become law, both must pass the Montana House and Senate and then survive the governors veto pen. 0000091893 00000 n
267, L. 2007. MobileHome.net has 90 Mobile Homes for Sale in Montana, including manufactured homes, modular homes and foreclosures. Sign up for our free daily newsletter to get unbiased, independent Montana news sent directly to you. 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. 70-33-426. Holdover remedies consent to continued occupancy. (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. The landlord's lien may not exceed $2,000 or the total amount due, whichever is less. Throughout Montana, local jurisdictions have not acknowledged tiny houses despite the fact that the state critically needs affordable housing solutions. 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. 0000002246 00000 n
Sec. (4) The landlord may dispose of the property after complying with subsection (3) by: (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. Landlords failure to maintain premises tenants remedies. History:En. The purpose of these links are to provide manufactured home community tenants with online resources that address issues of Park / Tenant Laws. 0000001031 00000 n
REP. 7/29/1988. STEP TWO: Have a Valid Reason for Wanting to Evict a Tenant from Your RV Park. You may deduct the cost of rent for a mobile home you own if it is your principal residence. Sec. (1) The remedies provided by this chapter must be administered so that an aggrieved party may recover appropriate damages. Landlords remedies after termination action for possession. (3) Rules and regulations that are not a part of this chapter and that affect the relationship between the landlord and tenant must be uniformly and fairly applied and enforced. 0000126248 00000 n
A good first step is to have watertight rules in place so that its clear when one party was out of line. 0000001961 00000 n
70-33-426. A list of the home owners responsibilities. Knowing your responsibilities and expectations placed on your shoulders is the first step towardsgood residential park management. We hope that this article will help you run a smooth, neat, safe, and pleasant mobile home park. Your donation funds transparency. They could ask it for a variety of reasons, such as establishing how much rent has increased or so that they know when an irregular rise in rent takes place. (b) has complained to the landlord in writing of a violation under70-33-303; or startxref
A mobile home park landlord must "maintain fit premises" (A.R.S. The sale proceeds are subject to any prior security interest of record. (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. (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 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. Go to Top. You would be surprised how many potential hazards there are in a mobile home park. (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. The attorney currently handling complaints under this law is, at the time of this writing, Steve Brist. %
Get free summaries of new opinions delivered to your inbox! Often their concerns will help you improve the park in some way or stop further damage and chaos. Mobile home parks, also known as manufactured home parks, are usually subjected to local and state laws. (2) In an action for rent when the tenant is not in possession, the tenant may counterclaim as provided in subsection (1) but may not be required to pay any rent into court. 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. The rental agreement terminates as provided in the notice subject to the following exceptions: (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 Usually, rent increases by 10% on a yearly basis to account for inflation and the rising cost of living. Waiver of landlords right to termination. 70-33-431. (3) The rights of a tenant under this section do not arise until the tenant has given notice to the landlord and the landlord has had a reasonable opportunity to correct the conditions. We hope that this article will help you run a smooth, neat, safe, and pleasant mobile home park. Go to Top. 97 0 obj
Foreclosure can also be treated differently based on your state. 401, L. 1997; amd. All tenants should receive a full copy of the rules and regulations that they can keep with them. This table may omit bill actions recorded since this guide's last update. 70-33-425. (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. Tenants failure to maintain lot landlords right to enter and repair. MONTANA: Chapter 26: NEBRASKA: Better Get A Big Cup Of Coffee: NEVADA: 118 . (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; For rent in the event of termination must be administered so that an party. 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