Stop Mobile Home Repossession Most tenants will also request that you give them projections of the rent price over the next three years. (1) The remedies provided by this chapter must be administered so that an aggrieved party may recover appropriate damages. 70-33-434. Hoven said he had proposed additional legislation. (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. No overly close neighbors. 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. Great Falls, MT 59403, Copyright 2020 HH Evictions Stout WordPress theme by. Montana does not have laws protecting mobile home park residents from unfair rent increases. 0000091691 00000 n (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. /Size 127 MONTANA: Chapter 26: NEBRASKA: Better Get A Big Cup Of Coffee: NEVADA: 118 . (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. (c) If there is no rent remaining due after application of this section, judgment must be entered for the tenant in an action for possession. 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. 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. Usually, committal of a crime is the only circumstance in which you can immediately evict a tenant. For purposes of this subsection, rebuttable presumption means that the trier of fact is required to find the existence of the fact presumed unless evidence is introduced that would support a finding of its nonexistence. 267, L. 2007. Bills would require advance notice of sales to help community ownership bids, extend eviction timelines. A tenant cannot be evicted for revenge. 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. (c) has organized or become a member of a tenants union, mobile home park resident association, or similar organization. In Montana, for all other lease violations, the landlord can serve them a 14-Day Notice to Cure or Vacate. 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. History:En. /O 99 Go to Top, 406-770-3535 (phone) (5) The landlord may dispose of the mobile home after complying with subsection (3) by: 70-33-426. Reporting and web design was done primarily by MTFP Deputy Editor Eric Dietrich. Go to Top. Tenants failure to maintain lot landlords right to enter and repair. The affordable housing industry is a great business model, But the real estate construction business model is not. 70-33-401. A bill of sale, as explained earlier, is used as proof of purchase of a property, in this case, a mobile home. REP. 7/29/1988. This could be because of poor sanitary conditions, accessibility problems, safety concerns, etc. (4) In a landlords action for possession filed pursuant to subsection (1), the court shall rule on the action within 5 days after the hearing. 33-1434): 1. comply with the requirements of all applicable city, county, and state codes materially affecting health and safety 2. make all repairs and do whatever else may be necessary to ensure that the premises remain in a fit and habitable condition Homeowners and emergency vehicles must have access to their homes and the rest of the park respectively. Well discuss this a little more in the following sections. Sec. 70-33-422. Throughout Montana, local jurisdictions have not acknowledged tiny houses despite the fact that the state critically needs affordable housing solutions. (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; He is a jack of all trades type of guy. 70-33-425. The park owner or management must send a copy of the notice to the legal owner, each junior lienholder, and the registered owner of the mobile home. 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. 70-33-430. If they do own the land, a foreclosure process will be initiated rather than a repossession. 29, Ch. amounts paid for utilities, furnishings, and parking if the landlord makes NO seperate charges for these items. (b) recover damages based upon the diminution in the fair rental value of the lot; or 49, Ch. 267, L. 2007. 2023 NicheInvestments LLC. Do you have a concern about alicensed public facility such as a restaurant, hotel, trailer court, tattoo artist, or swimming pool? History:En. History:En. 267, L. 2007. Multiple park owners also scoffed at the notion that mobile-home park tenant associations can successfully keep up with maintenance and police resident behavior. 39, Ch. 7/29/1988. The U.S. Unlawful ouster, exclusion, or diminution of services tenants remedies. (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. 0000093414 00000 n endobj (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. Unconscionability court discretion. 267, L. 2007. !EO:)!;z>w:q+DkTE 96K24-]J=_tSJ'R-_Oj%D@"`FHtn0Zu+2rk?4\2/ Nucd Wf(kn]PGdSQG.h2 ,w 1zz>c*ZMK/= 47, Ch. 70-33-409. 3 0 obj The purpose of these links are to provide manufactured home community tenants with online resources that address issues of Park / Tenant Laws. 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 >> 70-33-433. << (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; Your donation funds transparency. 70-33-426. Some parks are exempt if they only had one parking space per lot at the time of opening. (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; 97 30 0000110186 00000 n stream (1) A provision prohibited by70-33-202that is included in a rental agreement is unenforceable. 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. The landlord is also responsible for ensuring that garbage collection takes place as usual. (7) (a) The landlord may deduct from the proceeds of the sale the reasonable costs of notice, storage, labor, and sale and, subject to any prior security interest of record, any delinquent rent or damages owing on the premises. 70-33-404. Please remember that mobile-home parks are private property. << No name calling. (a) notify the local law enforcement office of the storage; The Fair Housing Act protects homebuyers and renters from discrimination based on several factors, so it seems like it should keep developers from closing their doors to . However, it isimportant to run a safe, peaceful, and profitable mobile home park. 70-33-408. With this in mind, those who wish to build or park a tiny house in Montana may need to thoroughly research laws in the relevant city and county, and special permission may be needed in some cases. Go to Top. They need to read and sign the document. 0000135152 00000 n Noncompliance of tenant generally landlords right of termination damages injunction. Sec. Just award-winning local journalism for the people, by the people. (b) make a reasonable effort to determine if the mobile home is secured or otherwise encumbered; and You can update your address by emailing: dorgallatinoffice@mt.gov or by calling 406-582-3400. In 2021, Montana passed a law that exempts mobile home park sales from capital gains taxes if the homes are sold to park residents. Landlords failure to provide essential services tenants remedies. 1 0 obj 31, Ch. 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). 0000108882 00000 n 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 . 267, L. 2007. 70-33-427. Think there's a potential news story to be done about a bill or lawmaker you see here? Sec. Every park can choose if the park itself or the owner is responsible for things such as the maintenance of the outside of the home and lawn care. All lots must have at least enough space for two parked cars. Sec. 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. 70-33-424. 267, L. 2007. 30, Ch. 2023 Personal Property Depreciations Schedules and Trend Tables are now available. Not only is this the law but its also just good manners and common decency. (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. Diminution of services tenants remedies must have at least enough space for two cars... The fair rental value of the rent price over the next three years multiple park owners also scoffed the! For the people, by the people, by the people, by the.... Or Vacate help community ownership bids, extend eviction timelines ensuring that garbage collection place. Takes place as usual immediately evict a tenant critically needs affordable housing solutions are! 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montana mobile home park laws