267, L. 2007. 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. <> 0000092845 00000 n Grounds for termination of rental agreement. 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. As part of every tenants right to privacy, you will need to make a request before entering their home. Here's a list of the greatest advantages of mobile home park living: Cost. If there is noncompliance by the tenant with70-33-321affecting health and safety that can be remedied by repair, replacement of a damaged item, or cleaning and the tenant fails to comply as promptly as conditions require in case of emergency or within 14 days after written notice by the landlord specifying the breach and requesting that the tenant remedy the breach within that period of time, the landlord may enter the lot and cause the work to be done in a competent manner and submit an itemized bill for the actual and reasonable cost, the fair and reasonable cost, or the fair and reasonable value of the work as rent on the next date rent is due or, if the rental agreement has terminated, for immediate payment. You would be surprised how many potential hazards there are in a mobile home park. After all, you will become the landlord for a number of tenants and their families and will be responsible for them to some degree. 70-33-431. (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. 70-33-426. 42, Ch. 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. 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. Its not in everyones nature to be strict and firm when it comes to enforcement and punishment. Landlords recovery of possession limited. Accountability reporting matters. 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. Thank you for supporting public-service journalism when our state needs it most. You have 14 days to claim the mobile home before this happens. 29, Ch. 0000126592 00000 n /Prev 428896 Trail maps are available from your local club, Forest Service offices, or the Montana Snowmobile Association. 0000000929 00000 n (4) The landlord may dispose of the property after complying with subsection (3) by: Go to Top 70-33-103. 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. Keep in mind that sometimes it isnt the tenants fault and merely the effects of use over time. May 31, 2019 4:43 PM. History:En. 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. Disposition of abandoned mobile home. It also means that many problems can be resolved amicably and efficiently. You're all set! Before you consider evicting a tenant from your RV Park, you must have a good and lawful reason to do so. 70-33-402. Expert reporting and insight from the Montana Capitol, emailed Tuesdays and Fridays. Sec. Five days is the usual amount of time a tenant has after the due date to square his account before there is any penalty. Noncompliance of tenant generally landlords right of termination damages injunction. These big corporations are coming in, buying up mobile home parks and making the once affordable unaffordable, Hill said. 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. 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. 0000131603 00000 n (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. Montana's laws provide some important protections, but also have a . You already receive all suggested Justia Opinion Summary Newsletters. 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. Illegal Acts - Montana landlords have broad authority to determine which types of illegal activities warrant eviction. 0000125094 00000 n 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. The park owner must mail you a "14-day notice" - sent first class mail, with proof of mailing. (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. Sec. Make sure tenants are aware of garbage collection schedules. (c) send a notice by certified mail to the last-known address of the mobile home owner and to any person or entity the landlord determines has an interest referred to in subsection (3)(b), stating that at a specified time, not less than 15 days after mailing the notice, the mobile home will be disposed of if the mobile home owner does not respond and remove the mobile home. This is the situation described above. (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. Dan Paton has been working full-time in this field for over a decade. (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. Knowing your responsibilities and expectations placed on your shoulders is the first step towardsgood residential park management. 70-33-426. History:En. Box 200517 Helena, MT 59602 Phone: (406) 841-2056 Fax: (406) 841-2050 Email Us. 0000115313 00000 n In the first, the tenant owns the mobile home, but leases a space in a mobile home park from the park owner. Go to Top. 70-33-424. (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. Sec. 31, Ch. 0000091691 00000 n endobj (3) If the landlord consents to the tenants continued occupancy,70-33-201(2)(e) applies. Subchapter: Trailer Courts and Tourist Campgrounds. 267, L. 2007. /H [ 1031 930 ] 4, Ch. A writing or recording is not necessary to create the lien provided for in this section. The park owner himself didnt comply with the lease agreement. Minimal maintenance. Sec. 70-33-401. (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. History:En. 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 . The presumption does not arise if the tenant made the complaint after notice of a proposed rent increase or diminution of services. Just award-winning local journalism for the people, by the people. (a) selling all or part of the property at a public or private sale; or 3, Ch. 70-33-410. (m) any legitimate business reason not covered elsewhere in this subsection (1) if the landlord meets the following requirements: All lots must have at least enough space for two parked cars. Electrical, plumbing, gas, water lines, and sewage are all basic human rights. Grounds for termination of rental agreement. (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; Unlawful or unreasonable entry by landlord tenants remedies. Example: A HUD home that will be located on a reservation that sells for $100,000, is subject to $450. 4 0 obj Payments that constitute rent are amounts paid specifically as rent are allowed; and. Landlords remedies after termination action for possession. No name calling. Even if a tenant is behind on payments, you need to inform them of delinquency and can only take action after another period of non-payment has passed. This table may omit bill actions recorded since this guide's last update. 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. Landlords failure to maintain premises tenants remedies. History:En. All Rights Reserved, Manufactured Housing Administrative Agencies, Chapter 3 & 10 Chapter 11 MHP Landlord Tenant Act, Dig In It Is Deep / Caution May Cause Anxiety, Click TN Code, Title 66 (Chapters 28,29, and 35). (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; (4) Subsections (1) through (3) do not prevent a landlord from bringing an action for possession if: The policy requires (1) notification that an emotional support . Other tenants are affected by a bad tenants behavior, not just the owner. (i) disorderly conduct that results in disruption of the rights of others to the peaceful enjoyment and use of the premises, for which the notice period is 30 days; 70-33-427. 0000109847 00000 n Disposition of abandoned personal property. 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 . A right or privilege guaranteed by law cannot be waived. (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. Please check official sources. The Landlord must place the lien on the home within fifteen days after the rent or utilities are thirty days past due. Box 200513 Helena, MT 59620 Phone: (406) 444-6880 Email Us. (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). 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. >> Priest Attorney at Law 7420 Greenhaven Drive, Suite 125 Sacramento, CA 95831 Phone 916-429-4600 TITLE 70. The park has to give the resident, and anyone the park knows has a mortgage on the resident's home, a written notice ten days before taking action. \tCHa;iZCDm_Z):td:A-<=Gwns8w Rights and Duties of Parties; Part 4. (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. (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. (b) If the tenant cannot after due diligence be found, the remaining proceeds must be deposited with the county treasurer of the county in which the sale occurred and, if not claimed within 3 years, must revert to the general fund of the county. If you are renting a lot in an MHP that leases two or more lots, you are covered by the MHOCCA. (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. 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 . Go to Top. A pair of Republican-sponsored bills intended to help mobile-home park residents weather Montanas acute housing shortage drew vehement opposition from park owners, real estate agents and the Montana Landlord Association in their initial hearings Monday morning. )]qwvA m\mT~{ Qb%U;}p`? 44, Ch. (2) If a persons failure to deliver possession is purposeful and not in good faith, an aggrieved party may recover from that person an amount of not more than 3 months rent or treble damages, whichever is greater. 70-33-423. Land rental fees typically include water, sewer, garbage, and recycling pickup. Effective Financing Statement Lien, a lien against specific crops, livestock, and unmanufactured products. Foreclosure can also be treated differently based on your state. Insurance is also a must. Your donation funds transparency. Retaliatory conduct by landlord prohibited. Prohibited provisions damages. We hope that this article will help you run a smooth, neat, safe, and pleasant mobile home park. After rent increases and added water, sewer and garbage fees, she said, her lot payment now averages $595 more than twice as much. Disposition of abandoned personal property. Landlords failure to deliver premises tenants remedies. In most cases, the park then has 7-10 days to accept or decline the offer. The landlord's lien may not exceed $2,000 or the total amount due, whichever is less. (c) has organized or become a member of a tenants union, mobile home park resident association, or similar organization. Dan works heavily in the administrative role within the organization. (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. Florida is the home of one of the first parks in the country, Parsley Trailer Park. General Provisions; Part 2. 267, L. 2007. However, the tenant must provide a written notice of their intent and can move out if the landlord fails toaddress it. /P 0 70-33-407. +}7>j>q8X[-.`/7pRw:rRB/c .]#vo*a[LRR`uG|Tx6R=^7EAr?b2,?kndo_ dA\aUMokQ! 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. I dont want tenants knowing my business, said Sharon Lodge, who said she owns a small park near Belgrade. History:En. Sec. (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. News apps are nice, but how many stories might you be missing? The law gives you 3 days to fix these issues after such an event, but you will have to submit written proofof the delay. 0000110186 00000 n (c) make a reasonable effort to determine if the property is secured or otherwise encumbered; and Weights and Measures P.O. (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. (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. Holdover remedies consent to continued occupancy. Make sure that all the homes in the park are up to safety codes and zoned correctly for the weather and wind conditions. 4/28/95 . 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