70-33-430. [emailprotected], HH Evictions, Inc. Please remember that mobile-home parks are private property. Minnesota law allows a park to ask a resident to move for the following reasons: 1. Trail maps are available from your local club, Forest Service offices, or the Montana Snowmobile Association. Sec. 70-33-423. Any damage that was a direct result of poor roads or road planning falls on the park owner. Sec. 0000114901 00000 n (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: Usually, rent increases by 10% on a yearly basis to account for inflation and the rising cost of living. (3) After complying with subsections (1) and (2), the landlord shall: (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. Every tenant has the right to enjoy peace and quiet on their own lot or site. (a) selling all or part of the property at a public or private sale; or /Linearized 1 Questions and comments for the Food and Consumer Safety Section (FCSS) may be sent by clicking on the box above. History:En. Remember that manufactured homes are supposed to be affordable housing and most tenants will be conscientious of their finances. Here is a friendly guide to help you handle these sticky situations. It also requires owners to review counteroffers if a residents association uses that time to organize in an effort to purchase the park. 0000109847 00000 n 98 0 obj (4) The landlord may dispose of the property after complying with subsection (3) by: 43, Ch. (b) demand performance of the rental agreement by the landlord and, if the tenant elects, maintain an action for possession of the lot against the landlord or a person wrongfully in possession and recover the actual damages sustained by the tenant. Just like other types of real estate, mobile homes are subject to local real estate laws including zoning. Action for nonpayment of rent tenants counterclaim. 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. They are not low-income government housing, Groven said. << If you wish to suggest an update please contact us. Landlords recovery of possession limited. Sec. Keep in mind that sometimes it isnt the tenants fault and merely the effects of use over time. Other tenants are affected by a bad tenants behavior, not just the owner. 70-33-405. "Tenant" means the owner or operator of a recreational vehicle who has occupied a lot in a park for more than 30 consecutive . Some parks have many more areas of concern than others. 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. 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. Sec. Landlords failure to provide essential services tenants remedies. %PDF-1.7 0000126592 00000 n For example, in instancesof a natural disaster or because of municipal maintenance or error. 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. Fire or casualty damage rights and obligations of tenant. All lots must have at least enough space for two parked cars. History:En. (4) A claim or right arising under this chapter or on a rental agreement, if disputed in good faith, may be settled by agreement. Go to Top. 0000126248 00000 n 9. 70-33-402. (4) A tenant does not have rights under this section if the conditions were caused by the act or omission of the tenant, a member of the tenants family, or any other person on the premises with the tenants consent. We received 3 reports with mobile home park lot rent running around $400 ($390, $400, and $440). The property values appraised by the department are used by counties to determine property taxes. Its also one of the main reasons why many owners decide to hire managers or landlords so that they dont have to deal with the residents themselves. >> Remedies for absence or abandonment. (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. Fire or casualty damage rights and obligations of tenant. 70-33-433. 70-33-423. (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. You should have a written agreement which sets the terms of your lease. Just one example that people often take for granted is trees. (2) If a persons failure to deliver possession is purposeful and not in good faith, an aggrieved party may recover from that person an amount of not more than 3 months rent or treble damages, whichever is greater. /L 430972 A dish filled with water sits in the sink at Katelyn Anton's home at Meadowlark Mobile Home Park on Friday in Billings. Security deposits shouldnt be ridiculous. Go to Top. There was an error and we couldn't process your subscription. 30, Ch. Landlords push back on pro-tenant, mobile-home park bills. 4, Ch. More by Eric Dietrich. Tenants failure to maintain lot landlords right to enter and repair. (4) If the rental agreement is terminated, the landlord shall return all security recoverable by the tenant pursuant to Title 70, chapter 25. If there is noncompliance by the tenant with70-33-321affecting health and safety that can be remedied by repair, replacement of a damaged item, or cleaning and the tenant fails to comply as promptly as conditions require in case of emergency or within 14 days after written notice by the landlord specifying the breach and requesting that the tenant remedy the breach within that period of time, the landlord may enter the lot and cause the work to be done in a competent manner and submit an itemized bill for the actual and reasonable cost, the fair and reasonable cost, or the fair and reasonable value of the work as rent on the next date rent is due or, if the rental agreement has terminated, for immediate payment. Help fund our coverage through the rest of the session. If you are renting a lot in an MHP that leases two or more lots, you are covered by the MHOCCA. )]qwvA m\mT~{ Qb%U;}p`? A landlord can evict a tenant for nonpayment of rent, criminal activity, or not abiding by the mobile park's regulations. Remedies for absence or abandonment. 0000108882 00000 n Id. PROPERTY CHAPTER 33. This handbook explains the Minnesota laws concerning manufactured home park residents and park owners. Sec. Illegal Acts - Montana landlords have broad authority to determine which types of illegal activities warrant eviction. (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. Latest version of the adopted rule presented in Administrative Rules of Montana (ARM): 37.111.201 DEFINITIONS (REPEALED) (See the Transfer and Repeal Table) History: 50-52-102, MCA; IMP, 50-52-102, MCA; Eff. ! " The park owner must mail you a "14-day notice" - sent first class mail, with proof of mailing. Disposition of abandoned personal property. Sec. 70-33-426. 0000125094 00000 n Roads are the responsibility of the park. Park owners and landlords also pushed back on the tenant protections bill, saying its provisions would make it harder for them to evict problematic tenants. No property taxes. 0000130647 00000 n 0000000017 00000 n A pair of Republican-sponsored bills intended to help mobile-home park residents weather Montanas acute housing shortage drew vehement opposition from park owners, real estate agents and the Montana Landlord Association in their initial hearings Monday morning. STEP TWO: Have a Valid Reason for Wanting to Evict a Tenant from Your RV Park. After rent increases and added water, sewer and garbage fees, she said, her lot payment now averages $595 more than twice as much. 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. 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. Retaliatory conduct by landlord prohibited. 70-33-424. 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). Get your insiders look into what's happening in and around the Capitol. They need to read and sign the document. Montana may have more current or accurate information. <> 7/29/1988. Go to Top. Tenants failure to maintain lot landlords right to enter and repair. We are all familiar with the typical Hollywood trope of the angry landlord shouting after their tenants to pay up their late rent. Insurance is also a must. A landlord is entitled to payment of the removal and storage costs allowed under subsection (2) before the owner may remove the mobile home. This Mobile Home Lot Lease Agreement for Montana is for use by a landlord when renting a mobile home lot to a tenant. trailer If the landlord rents the lot for a term beginning before the expiration of the rental agreement, the rental agreement terminates as of the date of the new tenancy. 70-33-428. 267, L. 2007. 40, Ch. 70-33-402. REP. 7/29/1988. Is that reasonable? Disposition of abandoned personal property. 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. 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. /E 137596 Not only are there comprehensive acts written on this topic but almost every state has its own laws as well. Montana Snowmobiling Handbook (PDF) 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.). 42, Ch. Tenants failure to maintain lot landlords right to enter and repair. refresh results with search filters open search menu. 47, Ch. 31, Ch. Sec. If the tenants holdover is purposeful and not in good faith, the landlord may recover an amount of not more than 3 months rent or treble damages, whichever is greater. a]THWD27I-AoVe2ryd}X9/@ #P-!%eQ_^tiwxBAEpv? D!0 HZ9Fgqd']tKz (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. 267, L. 2007. Homeowners and emergency vehicles must have access to their homes and the rest of the park respectively. Go to Top. 0000125292 00000 n The purpose of these links are to provide manufactured home community tenants with online resources that address issues of Park / Tenant Laws. 39, Ch. Make sure tenants are aware of garbage collection schedules. 0000091893 00000 n There is a balance to be found in between. 70-33-404. History:En. Think there's a potential news story to be done about a bill or lawmaker you see here? 267, L. 2007. Yes, Age-Restricted Communities Are Legal. Sign up and take advantage of access to the largest catalogue of legal forms. (2) A tenant proceeding under this section may not proceed under70-33-405for a landlords failure to provide essential services. Landlords remedies after termination action for possession. 70-33-425. (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; History:En. MONTANA RESIDENTIAL MOBILE HOME LOT RENTAL ACT Part 1. 97 0 obj Expert reporting and insight from the Montana Capitol, emailed Tuesdays and Fridays. (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. In Montana, for all other lease violations, the landlord can serve them a 14-Day Notice to Cure or Vacate. 119, Ch. In the notice the landlord shall disclose and describe in detail the nature of the change of use. May 31, 2019 4:43 PM. 267, L. 2007. 267, L. 2007. Noncompliance of tenant generally landlords right of termination damages injunction. Except in the case of abandonment or surrender or as permitted in this chapter, a landlord may not recover or take possession of the lot by action or otherwise, including purposeful diminution of services to the tenant by interrupting or causing the interruption of running water, electricity, gas, or other essential services. Sec. 70-33-401. (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 This one is as much for your own protection as for the information and good of your tenants. A tenant can also move out within 30 days if the home has a major defect that makes it unpleasant to live in and the park owner doesnt fix it. That sometimes it isnt the tenants fault montana mobile home park laws merely the effects of use over time ACT. Bad tenants behavior, not just the owner in instancesof a natural disaster or because of municipal maintenance or.... 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