Nathan Groven, who said he and his wife own three trailer parks in Great Falls, said that under current law it already takes months for landlords to evict mobile-home tenants or win permission to dispose of an abandoned trailer. 0000110186 00000 n Tell us at tips@montanafreepress.org. Get A Quick Cash Offer For Your Mobile Home. History:En. (4) Treble damages may not be recovered for the tenants early termination of the tenancy. 5/28/82; AMD, 1995 MAR p. 634, Eff. Explore Local Montana Manufacturers KIT Custom Homebuilders 128 Floor Plans 1000 Garber Street, Caldwell, ID 83606 (208) 454-5000 States Served: CA, CO, ID, MT, NV, ND, OR, UT, WA, WY Contact Us Shop Homes Fleetwood Homes Nampa 28 Floor Plans 2611 E Comstock Ave, Nampa, ID 83687 (208) 466-2438 States Served: CO, ID, MT, NV, NM, OR, UT, WA, WY stream 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. xref Going against the lease / agreement. All lots must have at least enough space for two parked cars. This handbook explains the Minnesota laws concerning manufactured home park residents and park owners. Steve Skinner, who identified himself as a longtime mobile-home court owner, said the Legislature should look at other ways to tackle housing concerns. The sale proceeds are subject to any prior security interest of record. 0000136104 00000 n Continually being vigilant for infringements, listening to complaints, and addressing concerns can quickly become a full-time job. Minimal maintenance. History:En. You may deduct the cost of rent for a mobile home you own if it is your principal residence. A bill of sale. Sign up for theCapitolizednewsletter and stay up-to-date on the latest legislative developments during the session. 98 0 obj (3) Regardless of where the landlord stores the mobile home, the landlord shall: 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. 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. Except as provided in subsection (4) of this section, if the tenants noncompliance is purposeful, the landlord may recover treble damages. As a general rule, mobile home owners should be aware that their home can be repossessed only in situations where they do not own the land the vehicle is currently sitting on. (6) A public or private sale authorized by this section must be conducted under the provisions of 30-9A-610 or the sheriffs sale provisions of Title 25, chapter 13, part 7. 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. A landlord can place a lien on a mobile home for space rent or unpaid utilities. Remedies for absence or abandonment. The aggrieved party has a duty to mitigate damages. Do you have a concern about alicensed public facility such as a restaurant, hotel, trailer court, tattoo artist, or swimming pool? 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. 0000001961 00000 n 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. 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. The following reasons will be good enough and legal to evict someone from your park: Failure to pay rent. 301 South Park Ave. Helena, MT 59620 Building and Commercial Measurements Bureau P.O. (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; 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. 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. 70-33-432. Landlords failure to provide essential services tenants remedies. TAX LIENS: If real property becomes delinquent and remains so on the day before the first working day in August (August 1, 2022 for 2021 taxes), the County Treasurer must attach a tax lien on the property per MCA 15-17-125, and file the lien with the . (NRS 108.270 (1).) (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. (3) Subject to the right to terminate in subsections (1)(d) through (1)(k), if the noncompliance described in subsections (1)(a) through (1)(c) is remediable by repairs, the payment of damages, or otherwise and the tenant adequately remedies the noncompliance before the date specified in the notice, the rental agreement does not terminate as a result of that noncompliance. At the start, make sure that every tenant receives a list of the rules and regulations of the park when joining. Sec. History:En. These big corporations are coming in, buying up mobile home parks and making the once affordable unaffordable, Hill said. %%EOF Landlords remedies after termination action for possession. (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. A mobile-home park just isnt like that.. These tenants a lot of times arent capable of doing the repairs needed and cleaning up the parks with the bad tenants in there, said Dylan Osterhout, who said he runs real estate brokerage and manages mobile-home parks in Helena. Action for nonpayment of rent tenants counterclaim. In either case the tenant may recover actual damages. (c) has organized or become a member of a tenants union, mobile home park resident association, or similar organization. Fire or casualty damage rights and obligations of tenant. (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. 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 . Landlords failure to deliver premises tenants remedies. Unlawful ouster, exclusion, or diminution of services tenants remedies. Maybe thats not so easy in our current rental market, but thats an option. Sec. (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. Prohibited provisions damages. Sec. 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. Indian Country. 70-33-403. Great Falls, MT 59403, Copyright 2020 HH Evictions Stout WordPress theme by. (4) A claim or right arising under this chapter or on a rental agreement, if disputed in good faith, may be settled by agreement. Sec. Throughout Montana, local jurisdictions have not acknowledged tiny houses despite the fact that the state critically needs affordable housing solutions. Unlawful ouster, exclusion, or diminution of services tenants remedies. Dan works heavily in the administrative role within the organization. History:En. We are all familiar with the typical Hollywood trope of the angry landlord shouting after their tenants to pay up their late rent. Such laws often define the rights of the mobile home park owner to evict tenants. The next is to have a system for collecting complaints and then providing arbitration. (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). Sec. 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. 1 - There are federal and state laws Outside of your own mobile home park laws, there are federal and state laws that will have a higher authority than the laws you set in place for your park. 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. The landlord is responsible for ensuring that every tenant has access to their home and to other park facilities. (b) If the tenant complies with the provisions of subsection (1)(a), the rental agreement terminates as of the date the tenant vacates the premises. A dish filled with water sits in the sink at Katelyn Anton's home at Meadowlark Mobile Home Park on Friday in Billings. In this case, the tenant doesnt have to provide notice. (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. 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 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. In the notice the landlord shall disclose and describe in detail the nature of the change of use. endobj 70-33-430. 406-720-7919 (fax) (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; (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; 70-33-429. (2) The landlord shall inventory and store all personal property of the tenant in a place of safekeeping and shall exercise reasonable care for the property. 70-33-431. Homeowners and emergency vehicles must have access to their homes and the rest of the park respectively. Landlords recovery of possession limited. (a) nonpayment of rent, late charges, or common area maintenance fees as established in the rental agreement, for which the notice period is 7 days; Retaliatory conduct by landlord prohibited. (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. (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. If you wish to make an additional gift toward our accountability coverage, it will go directly toward funding the tools and resources that help bring clarity to the inner workings of our state government. Sec. For specific advice or assistance, residents and park owners may contact the organizations listed here, or a private attorney. Roads are the responsibility of the park. Did you witness a violation of local or state COVID regulations? (1) If the tenant remains in possession without the landlords consent after expiration of the term of the rental agreement or other termination of the rental agreement, the landlord may bring an action for possession. 267, L. 2007. <>/Metadata 118 0 R/ViewerPreferences 119 0 R>> Go to Top. 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. Your tax-deductible gift will go directly toward funding the tools and resources that help bring clarity to the inner workings of our state government. /E 137596 Click on your state for information on specific state Tenant / Landlord Laws. 267, L. 2007. Go to Top. (b) notify the local law enforcement office of the property held by the landlord; Grounds for termination of rental agreement. (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. 0000108882 00000 n Marshals identified the two people arrested Wednesday afternoon following a brief standoff at a Billings West End mobile home park. Unconscionability court discretion. Subchapter: Trailer Courts and Tourist Campgrounds. The City Attorney's Office phone number is 608-266-4511. Stop Mobile Home Repossession /L 430972 Go to Top. 37, Ch. Accounting or apportionment for rent in the event of termination must be made as of the date of the fire or casualty. 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.. (2) A tenant proceeding under this section may not proceed under70-33-405for a landlords failure to provide essential services. So its not right to just do nothing and look away.. 0000113944 00000 n 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. Grounds for termination of rental agreement. Questions and comments for the Food and Consumer Safety Section (FCSS) may be sent by clicking on the box above. However, in most cases, you have to give notice to the tenant that you tend to evict them, on what grounds, and provide the dates and details of the reason if there are any. Before you consider evicting a tenant from your RV Park, you must have a good and lawful reason to do so. 2, Ch. 70-33-408. This is the situation described above. 46, Ch. Not only are there comprehensive acts written on this topic but almost every state has its own laws as well. 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. Waiver of landlords right to termination. 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. (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. (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. >> (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. 70-33-402. It also means that many problems can be resolved amicably and efficiently. Go to Top. (a) selling all or part of the property at a public or private sale; or (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. Unlawful ouster, exclusion, or diminution of services tenants remedies. You'll never have to beat the ceiling with a broom again! More by Eric Dietrich. A manufactured (HUD) home purchased by a Tribal member that will be located within any Indian Country in South Dakota is subject to 11.25% of the 4% initial registration fee. (1) The remedies provided by this chapter must be administered so that an aggrieved party may recover appropriate damages. 2 - They vary from location to location Some locations are more thorough than others in dictating the requirements placed on mobile home park landlords. Montana Lease or Rental of Space in a Mobile Home Park and Lease of Mobile Home with Option to Purchase - Lease or Rent to Own US Legal Forms offers multiple state-specific forms available to fill out, modify and print. Effective Financing Statement Lien, a lien against specific crops, livestock, and unmanufactured products. STEP TWO: Have a Valid Reason for Wanting to Evict a Tenant from Your RV Park. I know there are times where its not fair. This might be the first thing that comes to mind when thinking of becoming a landlord. (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; 70-33-422. This Mobile Home Lot Lease Agreement for Montana is for use by a landlord when renting a mobile home lot to a tenant. 267, L. 2007. Waiver of landlords right to termination. 45, Ch. 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. 4/28/95 . Never miss Montanas biggest stories and breaking news. /N 6 The Property Assessment Division appraises and values properties and administers certain property taxes in Montana. real estate for sale 46; apartments / housing for rent 12; parking & storage 2; wanted: real estate 1 + show 8 more <>/ExtGState<>/Font<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> After all, you will become the landlord for a number of tenants and their families and will be responsible for them to some degree. 70-33-401. History:En. No property taxes. Update 5:40 p.m. There is a balance to be found in between. 70-33-405. refresh results with search filters open search menu. (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. (f) two or more violations within a 12-month period of the same rule for which notice has been given for each prior violation, as provided in subsection (1)(a), (1)(b), or (1)(c), for which the notice period for the final violation is 30 days; The landlord shall remit to the tenant the remaining proceeds, if any, together with an itemized accounting. (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. 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