(b) destroying or otherwise disposing of the mobile home if the landlord reasonably believes that the value of the mobile home is so low that the cost of a sale would exceed the reasonable value of the mobile home. TITLE 70. (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. (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. Disposition of abandoned mobile home. Remedies for absence or abandonment. 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 A good first step is to have watertight rules in place so that its clear when one party was out of line. Usually, rent increases by 10% on a yearly basis to account for inflation and the rising cost of living. a]THWD27I-AoVe2ryd}X9/@ #P-!%eQ_^tiwxBAEpv? D!0 HZ9Fgqd']tKz History:En. Sec. For example, in instancesof a natural disaster or because of municipal maintenance or error. Noncompliance of tenant generally landlords right of termination damages injunction. Montana Code Annotated 2021. 0000131931 00000 n (c) has organized or become a member of a tenants union, mobile home park resident association, or similar organization. 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. 267, L. 2007. 70-33-430. 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Remember that manufactured homes are supposed to be affordable housing and most tenants will be conscientious of their finances. History:En. Sec. After all, you will become the landlord for a number of tenants and their families and will be responsible for them to some degree. The landlord must send this notice to your "last known address." As part of every tenants right to privacy, you will need to make a request before entering their home. All lots must have at least enough space for two parked cars. MONTANA RESIDENTIAL MOBILE HOME LOT RENTAL ACT Part 1. <>/Metadata 118 0 R/ViewerPreferences 119 0 R>> (3) The remedy provided in subsection (2) is in addition to a right of the tenant arising under subsection (1). In this case, the tenant doesnt have to provide notice. Go to Top. /Length 857 (b) the tenant is in default in rent; or For specific advice or assistance, residents and park owners may contact the organizations listed here, or a private attorney. 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. In Montana, for all other lease violations, the landlord can serve them a 14-Day Notice to Cure or Vacate. General Provisions; Part 2. 70-33-430. Some parks are exempt if they only had one parking space per lot at the time of opening. /P 0 70-33-407. 267, L. 2007. 70-33-431. Nikolakakos and Yakawich told members of the House Judiciary Committee that mobile-home tenants deserve additional protections because they generally own the homes they live in but not the land beneath them, meaning theyre stuck with their landlords in ways other renters are not. (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: 267, L. 2007. A mobile home park landlord must "maintain fit premises" (A.R.S. If the noncompliance results in a case of emergency and the landlord fails to remedy the situation within 3 working days after written notice by the tenant of the situation and the tenants intention to terminate the rental agreement, the tenant may terminate the rental agreement. MONTANA: Chapter 26: NEBRASKA: Better Get A Big Cup Of Coffee: NEVADA: 118 . Fire or casualty damage rights and obligations of tenant. 0000130647 00000 n History: En. In the first, the tenant owns the mobile home, but leases a space in a mobile home park from the park owner. 0000001961 00000 n (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. In an action on a rental agreement or arising under this chapter, reasonable attorney fees, together with costs and necessary disbursements, may be awarded to the prevailing party notwithstanding an agreement to the contrary. 7/29/1988. 12/31/72; AMD, 1982 MAR p. 1098, Eff. 70-33-432. Go to Top. (2) If the landlord acts in violation of subsection (1) of this section, the tenant is entitled to the remedies provided in70-33-409and has a defense in any retaliatory action against the tenant for possession. The reason is to have the document notarized, and once it has been, you will then stand as the owner since the bill is a legal binder. (NRS 108.270 (1).) Illegal Acts - Montana landlords have broad authority to determine which types of illegal activities warrant eviction. 70-33-408. Go to Top. 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. History:En. In the notice the landlord shall disclose and describe in detail the nature of the change of use. In order to become law, both must pass the Montana House and Senate and then survive the governors veto pen. Refusal of access landlords remedies. 267, L. 2007. Two possible foundation types exist: (3) After complying with subsections (1) and (2), the landlord shall: A bill of sale. 41, Ch. (1) If a landlord unlawfully removes or excludes the tenant from the premises or purposefully diminishes services to the tenant by interrupting or causing the interruption of running water, electricity, gas, or other essential services, the tenant may recover possession or terminate the rental agreement and, in either case, recover an amount of not more than 3 months periodic rent or treble damages, whichever is greater. Just because you are the landlord and owner doesnt mean the tenants dont have a say. Marshals identified the two people arrested Wednesday afternoon following a brief standoff at a Billings West End mobile home park. We hope that this article will help you run a smooth, neat, safe, and pleasant mobile home park. Multiple park owners also scoffed at the notion that mobile-home park tenant associations can successfully keep up with maintenance and police resident behavior. (2) If unconscionability is put into issue by a party or by the court upon its own motion, the parties must be afforded a reasonable opportunity to present evidence as to the setting, purpose, and effect of the rental agreement or settlement to aid the court in making its determination. 70-33-423. Unlawful ouster, exclusion, or diminution of services tenants remedies. Accountability reporting matters. Sec. 2023 NicheInvestments LLC. 70-33-403. (b) recover damages based upon the diminution in the fair rental value of the lot; or 70-33-405. At the start, make sure that every tenant receives a list of the rules and regulations of the park when joining. (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. Sec. A good first step is to have watertight rules in place so that its clear when one party was out of line. No overly close neighbors. Disposition of abandoned mobile home. 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. Mobile home park attendants and caretakers - 16-41-27-9 Sec. There is a balance to be found in between. PROPERTY CHAPTER 33. Most First Right of Refusal clauses will also stipulate that anyone you do sell to . Here's a list of the greatest advantages of mobile home park living: Cost. 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. Do you have a concern about alicensed public facility such as a restaurant, hotel, trailer court, tattoo artist, or swimming pool? A bill of sale, as explained earlier, is used as proof of purchase of a property, in this case, a mobile home. In these cases, its handy if you have a dedicated groundsman that can take care of problems. 70-33-431. History:En. (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; History:En. Landlords recovery of possession limited. 267, L. 2007. 5-Day Notice to Quit. Click on your state for information on specific state Tenant / Landlord Laws. Go to Top 70-33-103. 40, Ch. 70-33-429. Prohibited provisions damages. 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. 0000109847 00000 n 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 . 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. 70-33-432. (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. 0000000929 00000 n History:En. Disclaimer: These codes may not be the most recent version. Example: A HUD home that will be located on a reservation that sells for $100,000, is subject to $450. 70-33-409. The landlord may issue a 3-Day Notice to Quit. 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. 70-33-403. History:En. (2) If the rental agreement is terminated, the landlord shall return all security recoverable pursuant to Title 70, chapter 25, and any prepaid rent. The notice tells you that the park owner plans to get rid of your mobile home. (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. This is a project of Montana Free Press, a 501(c)(3) nonprofit newsroom that aims to provide Montanans with in-depth, nonpartisan news coverage. Sec. (5) The landlord may dispose of the mobile home after complying with subsection (3) by: Just award-winning local journalism for the people, by the people. The rental agreement terminates as provided in the notice for one or more of the following reasons and subject to the following conditions: 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 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. 267, L. 2007. You also want to have a degree of approachability among your tenants so that they dont hesitate to reach out to you when they have concerns. 31, Ch. If the owner cannot after due diligence be found, the remaining proceeds must be deposited in the general fund of the county in which the sale occurred and, if not claimed within 3 years, are forfeited to the county. Noncompliance of tenant generally landlords right of termination damages injunction. Most states, including Montana, have special laws protecting residents of manufactured home communities. 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. 470, L. 1993; amd. Grounds for termination of rental agreement. (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). 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. Trails are groomed by local clubs or the chambers of commerce with grant money provided by Montana State Parks. This might include the pool, bbq, communal kitchen, roads, etc. A right or privilege guaranteed by law cannot be waived. (k) conviction of the mobile home owner or a tenant of the mobile home owner of a violation of a federal or state law or local ordinance, when the violation is detrimental to the health, safety, or welfare of other tenants or the landlord or manager or the landlords documentation of a violation of the provisions of Title 45, chapter 9, for which the notice period is 14 days; 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. (3) The acceptance of partial payment of rent due does not constitute a waiver of any right. # $ % &. 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. 0000137401 00000 n 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. If you wish to suggest an update please contact us. (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; (m) any legitimate business reason not covered elsewhere in this subsection (1) if the landlord meets the following requirements: (a) The tenant may deliver a written notice to the landlord specifying the nature of the breach and that the rental agreement will terminate upon a date not less than 30 days after receipt of the notice if the breach is not remedied in 14 days. 0000093414 00000 n 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. (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. A landlord can evict a tenant for nonpayment of rent, criminal activity, or not abiding by the mobile park's regulations. 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. After all, you will become the landlord for a number of tenants and their families and will be responsible for them to some degree. Weights and Measures P.O. Sec. (1) If the landlord fails to deliver possession of the lot to the tenant as provided in70-33-302, rent abates until possession is delivered and the tenant may: 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. Key points to remember: Safety Rent collection Proper eviction practices 45, Ch. 4/28/95 . The landlord may store the property in a commercial storage company, in which case the storage cost includes the actual storage charge plus the cost of removal of the property to the place of storage. There are two common types of mobile home leases. 0000125094 00000 n Purchasing a Manufactured Home Other tenants are affected by a bad tenants behavior, not just the owner. You are expected to provide notification of changes to park rules before they go into effect (usually 30 days) and try to make sure that every occupant sees them. 267, L. 2007. (4) If the rental agreement is terminated, the landlord shall return all security recoverable by the tenant pursuant to Title 70, chapter 25. 301 South Park Ave. Helena, MT 59620 Building and Commercial Measurements Bureau P.O. (1) If a tenancy terminates, if the landlord reasonably believes that the tenant has abandoned a mobile home occupying a mobile home lot, and if at least 5 days have elapsed since the occurrence of events upon which the landlord has formed the belief that the mobile home has been abandoned, the landlord may remove the mobile home from the premises or keep the mobile home stored on the premises. 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