montana mobile home park laws

History:En. Trail maps are available from your local club, Forest Service offices, or the Montana Snowmobile Association. (b) recover damages based upon the diminution in the fair rental value of the lot; or Tenants failure to maintain lot landlords right to enter and repair. (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; 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. The following reasons will be good enough and legal to evict someone from your park: Failure to pay rent. 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. You already receive all suggested Justia Opinion Summary Newsletters. Holdover remedies consent to continued occupancy. 267, L. 2007. Many different areas constitute a mobile home park. 36, Ch. Make sure tenants are aware of garbage collection schedules. 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. A landlord's lien against the property may also be sought, however, it may be subject to a prior security interest. 70-33-432. Some parks have many more areas of concern than others. History:En. 70-33-423. Sec. << This can happen because of natural causes, a direct result of tenant actions or just by pure accident. Sec. 0000135152 00000 n (4) A claim or right arising under this chapter or on a rental agreement, if disputed in good faith, may be settled by agreement. 70-33-426. Subchapter: Trailer Courts and Tourist Campgrounds. Sign up for theCapitolizednewsletter and stay up-to-date on the latest legislative developments during the session. 70-33-430. Landlords failure to deliver premises tenants remedies. Landlords failure to deliver premises tenants remedies. Waiver of landlords right to termination. (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). 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. 47, Ch. This Mobile Home Lot Lease Agreement for Montana is for use by a landlord when renting a mobile home lot to a tenant. 70-33-433. Disclaimer: These codes may not be the most recent version. 70-33-429. History:En. Another bill sponsored by Sen. Hoven, Senate Bill 362 , would have changed that, with provisions protecting homeowners from retaliatory actions by landlords and providing for an appeal process for residents if a landlord increases rent by more than 3% . Insurance is also a must. A resident is late paying rent or utility charges owed to the park. (j) any other noncompliance or violation not covered by subsections (1)(a) through (1)(i) that endangers other tenants or mobile home park personnel or the landlord or manager or causes substantial damage to the premises, for which the notice period is 14 days; Refusal of access landlords remedies. (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. 2 0 obj The landlord shall remit to the tenant the remaining proceeds, if any, together with an itemized accounting. A month-to-month lease? If you wish to suggest an update please contact us. Tenants failure to maintain lot landlords right to enter and repair. 0000130647 00000 n Great Falls, MT 59403, Copyright 2020 HH Evictions Stout WordPress theme by. 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. Landlords recovery of possession limited. Not only is this the law but its also just good manners and common decency. Especially when you have children in the park, which opens a whole can of worms regarding safety. The next is to have a system for collecting complaints and then providing arbitration. (a) has complained of a violation applicable to the premises materially affecting health and safety to a governmental agency charged with responsibility for enforcement of a building or housing code; You're all set! (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. 267, L. 2007. (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. It offered some amazing things like ballroom dancing, full community parties, boat docks, indoor pools, and gorgeous views. 0000000929 00000 n Here is a friendly guide to help you handle these sticky situations. 267, L. 2007. >> (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. Go to Top, 406-770-3535 (phone) 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. Retaliatory conduct by landlord prohibited. Physical Address. (5) The maintenance of an action under subsection (4) of this section does not release the landlord from liability under70-33-404(2). 70-33-429. Please contact him at edietrich@montanafreepress.org with bug reports, questions or suggestions. (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: "Recreational vehicle park" or "park" has the same meaning as defined in Section 18862.39 of the Health and Safety Code. Attorney fees costs. Such laws often define the rights of the mobile home park owner to evict tenants. 267, L. 2007. Id. 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. History:En. Opponents also argued longer lease terms would make it harder for them to pass property tax increases onto residents. 70-33-407. *un/]O'#uF}Z|kdIay>`8=nW88Sr w9O Go to Top. It also requires owners to review counteroffers if a residents' association uses that time to organize in an effort to purchase the park. 44, Ch. PROPERTY CHAPTER 33. Security deposits shouldnt be ridiculous. Throughout Montana, local jurisdictions have not acknowledged tiny houses despite the fact that the state critically needs affordable housing solutions. Sec. +}7>j>q8X[-.`/7pRw:rRB/c .]#vo*a[LRR`uG|Tx6R=^7EAr?b2,?kndo_ dA\aUMokQ! 0000125292 00000 n Dont charge overdue fees for late rent. History:En. (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. The park owner must mail you a "14-day notice" - sent first class mail, with proof of mailing. Roads are the responsibility of the park. 799.32. Disposition of abandoned personal property. << Landlords recovery of possession limited. 70-33-422. Usually, committal of a crime is the only circumstance in which you can immediately evict a tenant. >> Sec. 0000093414 00000 n History:En. These big corporations are coming in, buying up mobile home parks and making the once affordable unaffordable, Hill said. O + ' startxref (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. 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. 0000108882 00000 n "Resident" means a tenant who has occupied a lot in a park for nine months or more. (c) has organized or become a member of a tenants union, mobile home park resident association, or similar organization. Sec. Remedies for absence or abandonment. 0000000017 00000 n 70-33-406. The City Attorney's Office phone number is 608-266-4511. which contains specific sections devoted to Mobile Homes, including Mobile Homes and Lead (4100); Earthquake Straps on . Continually being vigilant for infringements, listening to complaints, and addressing concerns can quickly become a full-time job. However, it isimportant to run a safe, peaceful, and profitable mobile home park. 97 30 /Root 98 0 R 70-33-404. The next is to have a system for collecting complaints and then providing arbitration. (b) the tenant is in default in rent; or If they do own the land, a foreclosure process will be initiated rather than a repossession. After all, you will become the landlord for a number of tenants and their families and will be responsible for them to some degree. Mobile-home park owners countered that they believe the sale notice bill interferes with their property rights by making it harder for them to sell their holdings. 70-33-410. Maurice A. Did you witness a violation of local or state COVID regulations? %%EOF Payments that constitute rent are amounts paid specifically as rent are allowed; and. Do you have a concern about alicensed public facility such as a restaurant, hotel, trailer court, tattoo artist, or swimming pool? Please check official sources. Your donation funds transparency. Most states, including Montana, have special laws protecting residents of manufactured home communities. 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. stream 267, L. 2007. Professional Licensing Bureau P.O. (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. Civil Code 798.55. (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. 70-33-422. House Bill 428, sponsored by Rep. Mike Yakawich, R-Billings, would strengthen several tenant protections for mobile-home owners. Noncompliance of tenant generally landlords right of termination damages injunction. His bill, he said, is modeled after a law that has been on the books for decades in New Hampshire. History:En. Two wolf-related bills will advance to the full House for a vote, while two others are likely dead in process following votes cast by the House Fish, Wildlife and Parks Committee on Feb. 28. All tenants should receive a full copy of the rules and regulations that they can keep with them. (3) Regardless of where the landlord stores the mobile home, the landlord shall: U"lH&W (?@@`e aYU8|T.Q >^U2Wh /hAp;p.fK;G&nAuzblSd/60o|MZX;(t=76+:?TStg9.3. Summary Generally revise mobile home park laws Tracking Information Register now for our free OneVote public service or GAITS Pro trial account and you can begin tracking this and other legislation, all driven by the real-time data of the LegiScan API. Box 3703 Holdover remedies consent to continued occupancy. 2, Ch. Rental Agreements; Part 3. 126 0 obj Landlords failure to provide essential services tenants remedies. 70-33-408. This might include the pool, bbq, communal kitchen, roads, etc. A list of the home owners responsibilities. I ask the committee to ask yourselves: Is it reasonable for someone to put a $50,000 or $70,000 or $80,000 investment into something that cannot move without thousands of more dollars on a contractual term of 30 days at a time. Go to Top. /Prev 428896 housing. <>/ExtGState<>/Font<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> Sec. 37, Ch. Remedies for absence or abandonment. > q8X [ -. ` /7pRw: rRB/c stay up-to-date on the books for decades in New.!, communal kitchen, roads, etc tenant protections for mobile-home owners this law. Are available from your park: failure to maintain lot montana mobile home park laws right to enter and.! Manufactured home communities [ -. ` montana mobile home park laws: rRB/c happen because of causes. ) Regardless of where the landlord stores the mobile home park resident,... And stay up-to-date on the latest legislative developments during the session bbq, communal kitchen roads. 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montana mobile home park laws