0000002246 00000 n 267, L. 2007. Knowing your responsibilities and expectations placed on your shoulders is the first step towardsgood, Prev:Disposing Of Old Mobile Homes Safely, Legally, And As Easily As Possible, Mobile Home Park Ideas | Part 4: Places That Rent To Felons. 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. 70-33-405. (3) The landlord and tenant may stipulate to a continuance of the hearing beyond the time limit in subsection (2) without the necessity of an undertaking. (1) If a tenancy terminates in any manner except by court order, if the landlord reasonably believes that the tenant has abandoned all personal property that the tenant has left on the premises, and if at least 5 days have elapsed since the occurrence of the events upon which the landlord has based the belief of abandonment, the landlord may remove the property from the premises. << 70-33-423. Sec. The landlord must also provide electricity, running water and sewage hookups as defined by the tenancy agreement. Montana's independent nonprofit news source. Go to Top. 0000091691 00000 n Hoven said he had proposed additional legislation. 7/29/1988. >> Go to Top. 70-33-407. Landlords failure to provide essential services tenants remedies. All lots must have at least enough space for two parked cars. (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. (1) If the tenant destroys, defaces, damages, impairs, or removes any part of the premises in violation of 70-33-321 (3), the landlord may terminate the rental agreement upon giving 3 days' written notice specifying the noncompliance under the provisions of 70-33-321 (3). A good first step is to have watertight rules in place so that its clear when one party was out of line. Some parks have many more areas of concern than others. 34, Ch. /H [ 1031 930 ] MONTANA: Chapter 26: NEBRASKA: Better Get A Big Cup Of Coffee: NEVADA: 118 . 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 . (1) Except as provided in this section, a landlord may not retaliate by increasing rent, by decreasing services, or by bringing or threatening to bring an action for possession after the tenant: 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. (4) If the rental agreement is terminated, the landlord shall return all security recoverable by the tenant pursuant to Title 70, chapter 25. 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. Landlords recovery of possession limited. Accountability reporting matters. 45, Ch. 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. 70-33-422. 0000125292 00000 n (1) If the rental agreement is terminated, the landlord has a claim for possession and for rent and a separate claim for actual damages for any breach of the rental agreement. 2, Ch. 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 . 41, Ch. Senate Bill 204, passed this year by the Montana Legislature and signed into law, creates an exemption starting in property tax year 2020 for mobile homes that are: At least 28 years old; and Valued at less than $10,000 per their most recent assessment; and Not an improvement to real property. 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. Foreclosure can also be treated differently based on your state. Sec. 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. endobj 70-33-431. 2023 Personal Property Depreciations Schedules and Trend Tables are now available. You'll never have to beat the ceiling with a broom again! 43, Ch. Landlords failure to provide essential services tenants remedies. (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; 267, L. 2007. 70-33-423. History:En. 70-33-433. Roads are the responsibility of the park. 2023 Montana's independent nonprofit news source. Disposal may include having the mobile home removed to an appropriate disposal site. 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. 401, L. 1997; amd. endobj Your donation funds transparency. 70-33-406. 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. Key points to remember: Safety Rent collection Proper eviction practices Action for nonpayment of rent tenants counterclaim. >> STEP TWO: Have a Valid Reason for Wanting to Evict a Tenant from Your RV Park. Landlords recovery of possession limited. Go to Top. Go to Top. Unlawful or unreasonable entry by landlord tenants remedies. (a) selling all or part of the property at a public or private sale; or Agricultural Lien, a lien against goods used or bought for farming or ranching purposes. 70-33-406. 470, L. 1993; amd. When the subject of active adult communities comes up, people commonly wonder whether age-restricted communities are actually legal. In the first, the tenant owns the mobile home, but leases a space in a mobile home park from the park owner. 0000135152 00000 n The U.S. The landlord may issue a 3-Day Notice to Quit. Sec. Click on your state for information on specific state Tenant / Landlord Laws. Some parks are exempt if they only had one parking space per lot at the time of opening. 799.32. Bills would require advance notice of sales to help community ownership bids, extend eviction timelines. 50, Ch. 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. (1) A provision prohibited by70-33-202that is included in a rental agreement is unenforceable. 70-33-403. Questions and comments for the Food and Consumer Safety Section (FCSS) may be sent by clicking on the box above. Go to Top. In 2021, Montana passed a law that exempts mobile home park sales from capital gains taxes if the homes are sold to park residents. The landlord may charge a reasonable storage and labor charge if the property is stored by the landlord, plus the cost of removal of the property to the place of storage. History:En. Marshals identified the two people arrested Wednesday afternoon following a brief standoff at a Billings West End mobile home park. 267, L. 2007. /Prev 428896 (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; In these cases, its handy if you have a dedicated groundsman that can take care of problems. /O 99 These laws cover the rights of both the mobile home park owners and their tenants. Click on your state for information on specific state Tenant / Landlord Laws. We already mentioned providing some kind of replacement should services be interrupted. % Grounds for termination of rental agreement. Go to Top. 70-33-403. An existing law, passed by the 2021 Legislature, tries to encourage sales to cooperatives by exempting park owners from paying state capital gains tax if they sell to a resident association, nonprofit or local government housing authority. There is a balance to be found in between. Never miss Montanas biggest stories and breaking news. 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. (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: Retaliatory conduct by landlord prohibited. (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. In this case, the tenant doesnt have to provide notice. If the tenants holdover is purposeful and not in good faith, the landlord may recover an amount of not more than 3 months rent or treble damages, whichever is greater. Get A Quick Cash Offer For Your Mobile Home. 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. We hope that this article will help you run a smooth, neat, safe, and pleasant mobile home park. 70-33-428. 267, L. 2007. initial registration fee - $100,000 x 4% x 11.25%.) . /P 0 114, L. 2003. This might be the first thing that comes to mind when thinking of becoming a landlord. Retaliatory conduct by landlord prohibited. A tenant can also move out in 30 days regardless of their lease agreement if they have to move for a new job or their career. 119, Ch. 70-33-430. Go to Top. endobj If you wish to suggest an update please contact us. 0000001961 00000 n Landlords remedies after termination action for possession. Grooming funds are derived from snowmobile gas tax refund and decal fees. 267, L. 2007. 70-33-425. Fire or casualty damage rights and obligations of tenant. Keep in mind that sometimes it isnt the tenants fault and merely the effects of use over time. Well discuss this a little more in the following sections. It's that simple.Buying an existing mobile home park is a great idea. Reporting and web design was done primarily by MTFP Deputy Editor Eric Dietrich. (1) If the tenant destroys, defaces, damages, impairs, or removes any part of the premises in violation of70-33-321(3), the landlord may terminate the rental agreement upon giving 3 days written notice specifying the noncompliance under the provisions of70-33-321(3). It offered some amazing things like ballroom dancing, full community parties, boat docks, indoor pools, and gorgeous views. Grounds for termination of rental agreement. 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. Great Falls, MT 59403, Copyright 2020 HH Evictions Stout WordPress theme by. (iii) the tenant may not terminate the rental agreement for a condition caused by the tenant, a member of the tenants family, or any other persons on the premises with the tenants consent. (b) recover damages based upon the diminution in the fair rental value of the lot; or Sec. 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