Sec. May 31, 2019 4:43 PM. Stop Mobile Home Repossession They need to read and sign the document. (3) Except as otherwise provided in this chapter, the landlord may recover actual damages and obtain injunctive relief for any noncompliance by the tenant with the rental agreement or70-33-321. Carla Hill, who said she owns a home in the Cherry Creek mobile-home park in Billings, said she paid $285 a month to rent a lot before a corporation purchased the park in 2020. Go to Top. %PDF-1.4 Minimal maintenance. 267, L. 2007. 70-33-408. There is a balance to be found in between. Unconscionability court discretion. <>/ExtGState<>/Font<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> (b) make a reasonable effort to determine if the mobile home is secured or otherwise encumbered; and 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. 35, Ch. 0000000017 00000 n Minnesota law allows a park to ask a resident to move for the following reasons: 1. Other tenants are affected by a bad tenants behavior, not just the owner. Accounting or apportionment for rent in the event of termination must be made as of the date of the fire or casualty. Hoven said he had proposed additional legislation. (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; No name calling. Trail maps are available from your local club, Forest Service offices, or the Montana Snowmobile Association. Go to Top. Weights and Measures P.O. Fire or casualty damage rights and obligations of tenant. (c) compliance with the applicable building or housing code requires alteration, remodeling, or demolition that would effectively deprive the tenant of use of the lot. an act generally revising laws related to mobile home parks; revising the allowed capital gains tax exemptions for the sale of a mobile home park; requiring the notification of mobile home park owners; establishing a special revenue account; providing a statutory appropriation; and amending sections 15-31-163 and 17-7-502, mca. 119, Ch. 70-33-406. (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. Landlords failure to deliver premises tenants remedies. 70-33-429. The Landlord must place the lien on the home within fifteen days after the rent or utilities are thirty days past due. 70-33-431. Landlords failure to provide essential services tenants remedies. If the landlord makes an unlawful entry or a lawful entry in an unreasonable manner or makes repeated demands for entry that is otherwise lawful but has the effect of unreasonably harassing the tenant, the tenant may either obtain injunctive relief to prevent the recurrence of the conduct or terminate the rental agreement. Disposition of abandoned personal property. (c) a violation of a rule that creates an immediate threat to the health and safety of any other tenant or the landlord or manager, for which the notice period is 24 hours; The new policy went into effect March 1, 2018, and while parts of it are not directly applicable to mobile home parks, it does an admirable job of balancing the rights of owners of emotional support animals with the rights of the people with whom the animals come into contact. A landlord can evict a tenant for nonpayment of rent, criminal activity, or not abiding by the mobile park's regulations. Payments that constitute rent are amounts paid specifically as rent are allowed; and. 70-33-409. (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; 70-33-410. Remedies for absence or abandonment. For many of the concerns related to the rights of tenants and the landlord, respectively, the, Mobile Home Landlord and Tenant Rights Act. *un/]O'#uF}Z|kdIay>`8=nW88Sr w9O Senate Bill 269 would require an owner trying to sell a mobile home park to notify its residents, as well as the Montana Board of Housing, of the sale at least 90 days in advance, and give a . Bills would require advance notice of sales to help community ownership bids, extend eviction timelines. (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. real estate for sale 46; apartments / housing for rent 12; parking & storage 2; wanted: real estate 1 + show 8 more Additionally, make sure to communicate any changes to tenants effectively. 70-33-402. (b) notify the local law enforcement office of the property held by the landlord; Go to Top. 70-33-432. 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. /Type /Catalog (2) Unless otherwise provided in this chapter, the tenant may recover actual damages and obtain injunctive relief for any noncompliance by the landlord with the rental agreement or70-33-303. 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. Well discuss this a little more in the following sections. (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). Go to Top. 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(b) If the tenant removes the property, the landlord is entitled to storage costs for the period that the property remains in safekeeping, plus the cost of removal of the property to the place of storage. Both bills now face initial votes in the House Judiciary Committee. 70-33-428. 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 . 70-33-433. Prohibited provisions damages. Your additional gift will help MTFP continue being your eyes and ears in the Capitol. 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. Update 5:40 p.m. A bill of sale. Just like other types of real estate, mobile homes are subject to local real estate laws including zoning. Sec. RV park tenants are no exception to this rule. Your donation funds transparency. Any damage that was a direct result of poor roads or road planning falls on the park owner. 267, L. 2007. The park owner himself didnt comply with the lease agreement. 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. Questions and comments for the Food and Consumer Safety Section (FCSS) may be sent by clicking on the box above. (3) Regardless of where the landlord stores the mobile home, the landlord shall: Action for nonpayment of rent tenants counterclaim. trailer (b) (i) The tenant may make repairs that do not cost more than 1 months rent and deduct the cost from the rent if the tenant has given the landlord notice and the landlord has not made the repairs within a reasonable time. 0000093414 00000 n Mobile home park attendants and caretakers - 16-41-27-9 Sec. Sec. 70-33-430. 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. If you wish to suggest an update please contact us. Dan works heavily in the administrative role within the organization. >> Both him and his partner, Dan Leighton, formed EZ Homes back in 2006 and have seen explosive growth ever since. 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. Multiple park owners also scoffed at the notion that mobile-home park tenant associations can successfully keep up with maintenance and police resident behavior. (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: Park regulations must state whether trees on lots should be taken care of by the tenants or the park owner. With six dedicated reporters on staff, weve already covered three times as many legislative stories as we did in previous sessions. (3) After complying with subsections (1) and (2), the landlord shall: Some parks have many more areas of concern than others. STEP TWO: Have a Valid Reason for Wanting to Evict a Tenant from Your RV Park. In the first, the tenant owns the mobile home, but leases a space in a mobile home park from the park owner. (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. (2) In an action for rent when the tenant is not in possession, the tenant may counterclaim as provided in subsection (1) but may not be required to pay any rent into court. Such laws often define the rights of the mobile home park owner to evict tenants. Montana Code Annotated 2021. 470, L. 1993; amd. However, all common grounds in the park should be kept as clean and sanitary as possible. The presumption does not arise if the tenant made the complaint after notice of a proposed rent increase or diminution of services. )]qwvA m\mT~{ Qb%U;}p`? (a) a rental agreement or any provision of the rental agreement is unconscionable, the court, in order to avoid an unconscionable result, may refuse to enforce the agreement or may enforce the remainder of the agreement without the unconscionable provision result; or 0000113944 00000 n (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: Marshals identified the two people arrested Wednesday afternoon following a brief standoff at a Billings West End mobile home park. (b) recover damages based upon the diminution in the fair rental value of the lot; or 70-33-405. 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. /Prev 428896 In the case of a sheriffs sale, the sheriff shall conduct the sale upon receipt of an affidavit from the landlord stating facts sufficient to warrant a sale under this section. (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; (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. (1) Unless otherwise provided in this chapter, if there is a noncompliance with70-33-303affecting health and safety, the following procedures apply: The landlord is responsible for ensuring that every tenant has access to their home and to other park facilities. (6) The landlord is not responsible for any loss to the tenant resulting from storage unless the loss is caused by the landlords purposeful or negligent act, in which case the landlord is liable for actual damages. Unconscionability court discretion. Tenants failure to maintain lot landlords right to enter and repair. Some parks are exempt if they only had one parking space per lot at the time of opening. Steve Skinner, who identified himself as a longtime mobile-home court owner, said the Legislature should look at other ways to tackle housing concerns. 70-33-408. 8, Ch. 267, L. 2007. 48, Ch. This could be because of poor sanitary conditions, accessibility problems, safety concerns, etc. We received 3 reports with mobile home park lot rent running around $400 ($390, $400, and $440). The following reasons will be good enough and legal to evict someone from your park: Failure to pay rent. MONTANA: Chapter 26: NEBRASKA: Better Get A Big Cup Of Coffee: NEVADA: 118 . His bill, he said, is modeled after a law that has been on the books for decades in New Hampshire. (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 But perhaps the most important reason that you will not want to build a new mobile home park is that you can't make any money with it. It offered some amazing things like ballroom dancing, full community parties, boat docks, indoor pools, and gorgeous views. 267, L. 2007. /Names << /Dests 81 0 R>> (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. 3 0 obj Prohibited provisions damages. A mobile-home park just isnt like that.. Another source of sanitary issues could be water that has been stagnant for a long time. Sec. The next is to have a system for collecting complaints and then providing arbitration. Reporting and web design was done primarily by MTFP Deputy Editor Eric Dietrich. History:En. Foreclosure can also be treated differently based on your state. LIENS. The landlord's lien may not exceed $2,000 or the total amount due, whichever is less. (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. (a) selling all or part of the property at a public or private sale; or # $ % &. (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. 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. 267, L. 2007. 3, Ch. (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; (iii) The court may at any time release money paid into the court to any party if the parties agree or if the court finds a party is entitled to the money. Maybe thats not so easy in our current rental market, but thats an option. 97 0 obj Refusal of access landlords remedies. Basic RIghts RV park tenants have the right to use laundry, shower and other common facilities located in the park for the duration of their tenancy. (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: These laws cover the rights of both the mobile home park owners and their tenants. 18.8.1008. >> Landlords remedies after termination action for possession. 70-33-403. 34, Ch. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Just award-winning local journalism for the people, by the people. /S 549 Is that reasonable? housing. /Root 98 0 R stream 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. 126 0 obj 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. << [emailprotected], HH Evictions, Inc. 70-33-401. (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 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. 0000136104 00000 n There are a few circumstances where a tenant is allowed to move out unexpectedly without warning: This is atricky subject that often calls for very careful handling. In Montana, if a tenant commits the same lease violation within a six-month timeframe, the landlord can serve them a 5-Day Notice to . 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. Most First Right of Refusal clauses will also stipulate that anyone you do sell to . Your donation funds transparency. If the change of use does not require local government permits, the landlord shall give the written notice at least 6 months prior to the change of use. 70-33-432. 70-33-429. In either case the tenant may recover actual damages. 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. Agricultural Lien, a lien against goods used or bought for farming or ranching purposes. Fire or casualty damage rights and obligations of tenant. In these cases, its handy if you have a dedicated groundsman that can take care of problems. endobj The landlord may charge the mobile home owner reasonable removal and storage charges. (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 premises. (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. >> Go to Top. Unlawful or unreasonable entry by landlord tenants remedies. Go to Top. 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. , and gorgeous views design was done primarily by MTFP Deputy Editor Eric Dietrich please... 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