Reasonable storage costs are allowed to a landlord who stores the property, and actual storage costs are allowed to a landlord who stores the property in a commercial storage company. History:En. A mobile park owner has to ensure that these utilities are running and provided at all times unless it is out of their control. Go to Top. The landlord shall remit to the tenant the remaining proceeds, if any, together with an itemized accounting. Refusal of access landlords remedies. Go to Top. Unconscionability court discretion. Provide a notice board that is easy for inhabitants to use or view. 70-33-433. 0000126592 00000 n (b) a settlement in which a party waives or agrees to forego a claim or right under this chapter or under a rental agreement is unconscionable, the court, in order to avoid an unconscionable result, may refuse to enforce the settlement, may enforce the remainder of the settlement without the unconscionable provision, or may limit the application of any unconscionable provision. (c) procure reasonable substitute housing during the period of the landlords noncompliance, in which case the tenant is excused from paying rent for the period of the landlords noncompliance. A dish filled with water sits in the sink at Katelyn Anton's home at Meadowlark Mobile Home Park on Friday in Billings. A landlord can place a lien on a mobile home for space rent or unpaid utilities. 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. 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. It's that simple.Buying an existing mobile home park is a great idea. Retaliatory conduct by landlord prohibited. 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. Box 3703 With six dedicated reporters on staff, weve already covered three times as many legislative stories as we did in previous sessions. The Property Assessment Division appraises and values properties and administers certain property taxes in Montana. 70-33-410. Noncompliance of tenant generally landlords right of termination damages injunction. Go to Top. History:En. 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. (2) A tenant proceeding under this section may not proceed under70-33-405for a landlords failure to provide essential services. (1) Unless otherwise provided in this chapter, if there is a noncompliance with70-33-303affecting health and safety, the following procedures apply: Administration of remedies enforcement agreement. (3) Except as otherwise provided in this chapter, the landlord may recover actual damages and obtain injunctive relief for any noncompliance by the tenant with the rental agreement or70-33-321. A landlord's lien against the property may also be sought, however, it may be subject to a prior security interest. Noncompliance of tenant generally landlords right of termination damages injunction. (a) the violation of the applicable building or housing code was caused primarily by lack of reasonable care by the tenant, a member of the tenants family, or any other persons on the premises with the tenants consent; 470, L. 1993; amd. 29, Ch. 0000000017 00000 n 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. 0000130442 00000 n Here's a list of the greatest advantages of mobile home park living: Cost. Sec. Military personnel may give less than 30 days notice if they were also unaware. For example, in instancesof a natural disaster or because of municipal maintenance or error. (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. O + ' The next is to have a system for collecting complaints and then providing arbitration. See the. endobj 70-33-431. Agricultural Lien, a lien against goods used or bought for farming or ranching purposes. Unlawful ouster, exclusion, or diminution of services tenants remedies. House Bill 428, sponsored by Rep. Mike Yakawich, R-Billings, would strengthen several tenant protections for mobile-home owners. xref 70-33-430. (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: Every tenant has the right to enjoy peace and quiet on their own lot or site. 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. The landlord is responsible for ensuring that every tenant has access to their home and to other park facilities. He is a jack of all trades type of guy. Right To Privacy 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 Refusal of access landlords remedies. 70-33-403. Go to Top. MONTANA RESIDENTIAL MOBILE HOME LOT RENTAL ACT Part 1. History:En. P.O. Grounds for termination of rental agreement. 70-33-431. Sec. 0000109847 00000 n 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. Action for nonpayment of rent tenants counterclaim. In Montana, if a tenant commits the same lease violation within a six-month timeframe, the landlord can serve them a 5-Day Notice to . Remember that manufactured homes are supposed to be affordable housing and most tenants will be conscientious of their finances. (b) a violation of a rule other than provided for in subsection (1)(a) that does not create an immediate threat to the health and safety of any other tenant or the landlord or manager, for which the notice period is 14 days; 50, Ch. 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. (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. Before we leave you with all this information, we would like to give you one final tip: You can never go wrong by promoting good landlord-tenant relationships. Sign up to get our reporting sent straight to your inbox every weekday morning. 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. 70-33-407. Landlords failure to maintain premises tenants remedies. (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. 267, L. 2007. 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. You can update your address by emailing: dorgallatinoffice@mt.gov or by calling 406-582-3400. 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. (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 law gives you 3 days to fix these issues after such an event, but you will have to submit written proofof the delay. In the first, the tenant owns the mobile home, but leases a space in a mobile home park from the park owner. (4) A claim or right arising under this chapter or on a rental agreement, if disputed in good faith, may be settled by agreement. A tenant cannot be evicted for revenge. In the notice the landlord shall disclose and describe in detail the nature of the change of use. Sec. The most common remedy for a failure to pay rent is a contact action to recover money damages. 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. /Size 127 267, L. 2007. TITLE 70. 70-33-402. Security deposits shouldnt be ridiculous. Prohibited provisions damages. Remedies for absence or abandonment. Before you consider evicting a tenant from your RV Park, you must have a good and lawful reason to do so. Sec. \tCHa;iZCDm_Z):td:A-<=Gwns8w (5) The landlord may dispose of the mobile home after complying with subsection (3) by: (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. (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. Action for nonpayment of rent tenants counterclaim. (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. Unlawful or unreasonable entry by landlord tenants remedies. >> /L 430972 <>/Metadata 118 0 R/ViewerPreferences 119 0 R>> 267, L. 2007. Action for nonpayment of rent tenants counterclaim. <> Refusal of access landlords remedies. 0000137401 00000 n In some states, like Oregon, the law treats this . You should have a written agreement which sets the terms of your lease. (1) If the tenant destroys, defaces, damages, impairs, or removes any part of the premises in violation of 70-33-321 (3), the landlord may terminate the rental agreement upon giving 3 days' written notice specifying the noncompliance under the provisions of 70-33-321 (3). History:En. (e) a violation of a rule that creates an immediate threat to the health and safety of any other tenant or the landlord or manager whether or not notice was given pursuant to subsection (1)(c) and the violation was remedied as provided in subsection (3), for which the notice period is 14 days; Sec. (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. 70-33-424. (c) make a reasonable effort to determine if the property is secured or otherwise encumbered; and 70-33-404. 0000126248 00000 n /Pages 95 0 R Landlords failure to deliver premises tenants remedies. Such laws often define the rights of the mobile home park owner to evict tenants. (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; Personal Property Reporting. All lots must have at least enough space for two parked cars. Montana Snowmobiling Handbook (PDF) 31, Ch. (4) Treble damages may not be recovered for the tenants early termination of the tenancy. 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 . Sec. A landlord can evict a tenant for nonpayment of rent, criminal activity, or not abiding by the mobile park's regulations. Sec. Key points to remember: Safety Rent collection Proper eviction practices Sec. Go to Top. Some parks are exempt if they only had one parking space per lot at the time of opening. (l) changes in the use of the land if the requirements of subsection (2) are met, for which the notice period is 180 days; Professional Licensing Bureau P.O. RV park tenants are no exception to this rule. Your donation funds transparency. 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. 70-33-409. Please contact him at edietrich@montanafreepress.org with bug reports, questions or suggestions. (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. 267, L. 2007. /Outlines 88 0 R News apps are nice, but how many stories might you be missing? (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. Reporting and web design was done primarily by MTFP Deputy Editor Eric Dietrich. I dont think thats reasonable, Nikolakakos said. A landlord is entitled to payment of the removal and storage costs allowed under subsection (2) before the owner may remove the mobile home. 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. Bills would require advance notice of sales to help community ownership bids, extend eviction timelines. Not only are there comprehensive acts written on this topic but almost every state has its own laws as well. Whether you are a new mobile home park owner or you are thinking of becoming one, you might be concerned about what your duties and responsibilities are. (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. Whether you are a new mobile home park owner or you are thinking of becoming one, you might be concerned about what your duties and responsibilities are. (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. Montana Code Annotated 2021. 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