Montana may have more current or accurate information. (2) (a) An action filed pursuant to subsection (1) in a court must be heard within 20 days after the tenants appearance or the answer date stated in the summons, except that if the rental agreement is terminated because of noncompliance under70-33-321(4), the action must be heard within 5 business days after the tenants appearance or the answer date stated in the summons. 70-33-410. Land rental fees typically include water, sewer, garbage, and recycling pickup. >>
This is one area that not all landlords are as comfortable with as others, yet it is a very necessary part of park ownership. (NRS 108.270 (1).) Three bills introduced in the Montana Legislature this year sought to protect mobile home owners like Newman from the rising tide of housing prices, but only one is still alive -- the others stalling in committee during a session that has seen many affordable housing bills struggle to gain traction. History:En. Help fund our coverage through the rest of the session. Click on your state for information on specific state Tenant / Landlord Laws. (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. If you wish to suggest an update please contact us. 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. Sign up for our free daily newsletter to get unbiased, independent Montana news sent directly to you. 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. Box 200513 Helena, MT 59620 Phone: (406) 444-6880 Email Us. Did you witness a violation of local or state COVID regulations? (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. Noncompliance of tenant generally landlords right of termination damages injunction. 406-720-7919 (fax) Landlords failure to deliver premises tenants remedies. (h) any violation of70-33-321(3), for which the notice period is as provided in70-33-422(1); Go to Top. We hope that this article will help you run a smooth, neat, safe, and pleasant mobile home park. (c) has organized or become a member of a tenants union, mobile home park resident association, or similar organization. 267, L. 2007. 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. In some states, like Oregon, the law treats this . Bill calling for accountability in Montanas Native education moving through Legislature, Bill creates strict definition for sex, legally sidelining intersex and transgender people, Montana Indian Child Welfare Act passes key House vote, has been on the books for decades in New Hampshire, currently has 17 resident-owned cooperatives, exempting park owners from paying state capital gains tax, Committee votes on four wolf bills as legislative deadline nears, Broadband spending sideboards get initial House approval, 12-week abortion ban and other restrictions surge through House committee, Proudly powered by Newspack by Automattic. In these cases, its handy if you have a dedicated groundsman that can take care of problems. Purchasing a Manufactured Home 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 . No shouting. Do you have a concern about alicensed public facility such as a restaurant, hotel, trailer court, tattoo artist, or swimming pool? The next is to have a system for collecting complaints and then providing arbitration. Go to Top. It's that simple.Buying an existing mobile home park is a great idea. Indian Country. Anton said her family can go as many as three days without water,. (4) If the rental agreement is terminated, the landlord shall return all security recoverable by the tenant pursuant to Title 70, chapter 25. Click on your state for information on specific state Tenant / Landlord Laws. 267, L. 2007. (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. 70-33-402. 70-33-427. (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. (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. 0000001031 00000 n
Stop Mobile Home Repossession (2) If the rental agreement is terminated, the landlord shall return all security recoverable pursuant to Title 70, chapter 25, and any prepaid rent. Grounds for termination of rental agreement. 4/28/95 . House Bill 429, sponsored by Rep. George Nikolakakos, R-Great Falls, would require the owners of mobile-home parks with more than 50 units to give residents 60 days notice if they sell the property. Accountability reporting matters. Sec. 0000136387 00000 n
Go to Top. Sec. 0000135152 00000 n
Except as provided in subsection (4) of this section, if the tenants noncompliance is purposeful, the landlord may recover treble damages. He is a jack of all trades type of guy. 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. A landlord can place a lien on a mobile home for space rent or unpaid utilities. 0000134984 00000 n
Sec. 389, L. 1995; amd. After all, you will become the landlord for a number of tenants and their families and will be responsible for them to some degree. (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 mobile home park. 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. 267, L. 2007. Roads are the responsibility of the park. (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. <>/ExtGState<>/Font<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>>
Rights and Duties of Parties; Part 4. The park owner himself didnt comply with the lease agreement. Its not in everyones nature to be strict and firm when it comes to enforcement and punishment. The landlord must send this notice to your "last known address." Both him and his partner, Dan Leighton, formed EZ Homes back in 2006 and have seen explosive growth ever since. Id. 2 0 obj
Here is a friendly guide to help you handle these sticky situations. Florida is the home of one of the first parks in the country, Parsley Trailer Park. /S 549
Retaliatory conduct by landlord prohibited. And thats just life, he said. (2) If a landlord plans to change the use of all or part of the premises from mobile home lot rentals to some other use, each affected mobile home owner must receive notice from the landlord as follows: 126 0 obj
70-33-432. 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 site is protected by reCAPTCHA and the Google, There is a newer version of the Montana Code Annotated, CHAPTER 24 RESIDENTIAL LANDLORD AND TENANT ACT OF 1977. Go to Top. Provide a notice board that is easy for inhabitants to use or view. History:En. Also common, though, is a situation in which the landlord owns both the mobile home and the land. Sec. (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. (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. We are all familiar with the typical Hollywood trope of the angry landlord shouting after their tenants to pay up their late rent. This is a project of Montana Free Press, a 501 (c) (3) nonprofit newsroom that aims to provide . Tenants failure to maintain lot landlords right to enter and repair. If they do own the land, a foreclosure process will be initiated rather than a repossession. 267, L. 2007. MONTANA RESIDENTIAL MOBILE HOME LOT RENTAL ACT Part 1. /L 430972
Two wolf-related bills will advance to the full House for a vote, while two others are likely dead in process following votes cast by the House Fish, Wildlife and Parks Committee on Feb. 28. x\YoH~7o+-6lM0|V6([XTd*AoU5IQ2JDa!^E:FA^Y6LbOzE67qpt(O"qsewgg"?t@))_lw?tw'22pLR'FvwwM\g@ }Qd/v@pa0QA$L oN';;I~97#U)_$2AzIJ}k4%?v"SQC\VtR9sK:npb1P*l]A }|\V)Gp1>Dx3qn (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. 70-33-434. (3) The remedy provided in subsection (2) is in addition to a right of the tenant arising under subsection (1). 42, Ch. Many different areas constitute a mobile home park. 0000002246 00000 n
History:En. (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. This is another matter that might differ state to state. Sec. Owners will want to know what falls to them so that they are prepared and can keep up on their homes curb appeal. %
(c) Prior to entering a rental agreement during the 6-month notice period referred to in subsection (2)(b), the landlord shall give each prospective mobile home owner and any tenant of the mobile home owner whose identity and address have been provided to the landlord written notice that the landlord is requesting a change in use before a unit of local government or that a change in use has been approved. Sec. RV park tenants are no exception to this rule. 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. <<
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