Except in the case of abandonment or surrender or as permitted in this chapter, a landlord may not recover or take possession of the lot by action or otherwise, including purposeful diminution of services to the tenant by interrupting or causing the interruption of running water, electricity, gas, or other essential services. In most cases, the park then has 7-10 days to accept or decline the offer. Go to Top. On Tuesday, the Cheney City Council unanimously voted to table the first reading of a proposed land zone change ordinance that could be a precursor to closing the North Cheney Mobile Home Park. 267, L. 2007. (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. Go to Top. (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; Sec. 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. >> Cal. Go to Top. %PDF-1.4 \tCHa;iZCDm_Z):td:A-<=Gwns8w (3) Rules and regulations that are not a part of this chapter and that affect the relationship between the landlord and tenant must be uniformly and fairly applied and enforced. (3) Regardless of where the landlord stores the mobile home, the landlord shall: Just like other types of real estate, mobile homes are subject to local real estate laws including zoning. 43, Ch. Dan works heavily in the administrative role within the organization. (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; This guide is an effort to make the quantifiable aspects of the Montana Legislature more accessible to the public by compiling information about lawmakers, proposed bills and the legislative process. However, the tenant must provide a written notice of their intent and can move out if the landlord fails toaddress it. 114, L. 2003. Mobile Home Landlord and Tenant Laws By State The purpose of these links are to provide manufactured home community tenants with online resources that address issues of Park / Tenant Laws. These big corporations are coming in, buying up mobile home parks and making the once affordable unaffordable, Hill said. 70-33-406. Go to Top. Usually, committal of a crime is the only circumstance in which you can immediately evict a tenant. 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. The presumption does not arise if the tenant made the complaint after notice of a proposed rent increase or diminution of services. The landlord is responsible for ensuring that every tenant has access to their home and to other park facilities. In Montana, for all other lease violations, the landlord can serve them a 14-Day Notice to Cure or Vacate. There is a balance to be found in between. Box 3703 Montana Lease or Rental of Space in a Mobile Home Park and Lease of Mobile Home with Option to Purchase - Lease or Rent to Own US Legal Forms offers multiple state-specific forms available to fill out, modify and print. Maybe thats not so easy in our current rental market, but thats an option. Unlawful ouster, exclusion, or diminution of services tenants remedies. Your additional gift will help MTFP continue being your eyes and ears in the Capitol. (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. History:En. 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. (b) notify the local law enforcement office of the property held by the landlord; 70-33-429. It would require a two-year term for lot rental renewals, limit utility fees to actual utility costs and extend the timelines for eviction proceedings and the disposal of abandoned mobile homes. (b) has complained to the landlord in writing of a violation under70-33-303; or Illegal Acts - Montana landlords have broad authority to determine which types of illegal activities warrant eviction. Montana Code Annotated 2021. 70-33-430. 70-33-429. <>/Metadata 118 0 R/ViewerPreferences 119 0 R>> 267, L. 2007. (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. (2) A right or obligation declared by this chapter is enforceable by action unless the provision declaring it specifies a different and limited effect. 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. The next is to have a system for collecting complaints and then providing arbitration. Sec. A mobile-home park just isnt like that.. A month-to-month lease? 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. Unconscionability court discretion. (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. We hope that this article will help you run a smooth, neat, safe, and pleasant mobile home park. "Tenant" means the owner or operator of a recreational vehicle who has occupied a lot in a park for more than 30 consecutive . (1) If the tenant refuses to allow lawful access, the landlord may either obtain injunctive relief to compel access or terminate the rental agreement. If you are renting a lot in an MHP that leases two or more lots, you are covered by the MHOCCA. Click on your state for information on specific state Tenant / Landlord Laws. !EO:)!;z>w:q+DkTE 96K24-]J=_tSJ'R-_Oj%D@"`FHtn0Zu+2rk?4\2/ Nucd Wf(kn]PGdSQG.h2 ,w 1zz>c*ZMK/= 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. History:En. 0000092845 00000 n (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. Another bill sponsored by Sen. Hoven, Senate Bill 362 , would have changed that, with provisions protecting homeowners from retaliatory actions by landlords and providing for an appeal process for residents if a landlord increases rent by more than 3% . (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. Go to Top, 406-770-3535 (phone) 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. Yes. After all, you will become the landlord for a number of tenants and their families and will be responsible for them to some degree. Disposition of abandoned mobile home. (4) If the rental agreement is terminated, the landlord shall return all security recoverable by the tenant pursuant to Title 70, chapter 25. (e) a violation of a rule that creates an immediate threat to the health and safety of any other tenant or the landlord or manager whether or not notice was given pursuant to subsection (1)(c) and the violation was remedied as provided in subsection (3), for which the notice period is 14 days; (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; 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. (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. You have 14 days to claim the mobile home before this happens. (1) (a) If the lot or premises are damaged or destroyed by fire or casualty to an extent that enjoyment of the lot is substantially impaired, the tenant may immediately vacate the premises and notify the landlord in writing within 14 days of vacating the premises that it is the tenants intention to terminate the rental agreement. ! " (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: 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. Homeowners and emergency vehicles must have access to their homes and the rest of the park respectively. Sec. (4) All terms and conditions of the rental agreement remain in effect until the mobile home is removed from the premises and all required cleanup is completed. 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. Summary Generally revise mobile home park laws Tracking Information Register now for our free OneVote public service or GAITS Pro trial account and you can begin tracking this and other legislation, all driven by the real-time data of the LegiScan API. A tenant cannot be evicted for revenge. A landlord's lien against the property may also be sought, however, it may be subject to a prior security interest. endobj (ii) A party to whom a net amount is owed must be paid first from the money paid into court, and the balance must be paid by the other party. 401, L. 1997; amd. << amounts paid for utilities, furnishings, and parking if the landlord makes NO seperate charges for these items. Please remember that mobile-home parks are private property. And thats just life, he said. +}7>j>q8X[-.`/7pRw:rRB/c .]#vo*a[LRR`uG|Tx6R=^7EAr?b2,?kndo_ dA\aUMokQ! 0000126248 00000 n For many of the concerns related to the rights of tenants and the landlord, respectively, the, Mobile Home Landlord and Tenant Rights Act. (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. 70-33-426. 119, Ch. Go to Top. The following reasons will be good enough and legal to evict someone from your park: Failure to pay rent. (b) recover damages based upon the diminution in the fair rental value of the lot; or Landlords push back on pro-tenant, mobile-home park bills. History:En. Additionally, make sure to communicate any changes to tenants effectively. 0000130442 00000 n 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. Grounds for termination of rental agreement. 267, L. 2007. Sec. 70-33-402. You will need to keep track of who has paid and still needs to pay; who is late; how long they have been late;the number of infractions; and who pays for what (lot rent, home and lot rent, levies, etc.). /T 428908 Holdover remedies consent to continued occupancy. Sec. (a) notify the local law enforcement office of the storage; (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. (1) The remedies provided by this chapter must be administered so that an aggrieved party may recover appropriate damages. Refusal of access landlords remedies. You'll never have to beat the ceiling with a broom again! This handbook explains the Minnesota laws concerning manufactured home park residents and park owners. 70-33-434. Sec. The park owner himself didnt comply with the lease agreement. Physical Address. 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. (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. History: En. Your donation funds transparency. Sec. 70-33-403. Parks are legally obligated to provide all park residents with "quiet enjoyment" of the premises, and that quiet enjoyment can be disrupted if park residents are at risk from dangerous breeds brought into the park. A landlord is entitled to payment of the storage costs allowed under this subsection before the tenant may remove the property. Such laws often define the rights of the mobile home park owner to evict tenants. If the park itself is somehow unliveable. 267, L. 2007. 31, Ch. Montana's independent nonprofit news source. This is another one thats important but may not be relevant to most owners. History:En. 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) 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. 5/28/82; AMD, 1995 MAR p. 634, Eff. His bill, he said, is modeled after a law that has been on the books for decades in New Hampshire. 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. %PDF-1.7 (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. Go to Top. Retaliatory conduct by landlord prohibited. 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. 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. 70-33-407. (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. He is a jack of all trades type of guy. 9. (c) make a reasonable effort to determine if the property is secured or otherwise encumbered; and Whoops! Expert reporting and insight from the Montana Capitol, emailed Tuesdays and Fridays. %%EOF Steve Skinner, who identified himself as a longtime mobile-home court owner, said the Legislature should look at other ways to tackle housing concerns. /Names << /Dests 81 0 R>> (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). Often their concerns will help you improve the park in some way or stop further damage and chaos. Sign up to get our reporting sent straight to your inbox every weekday morning. 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 Landlords recovery of possession limited. History:En. Some expressed concern that the bill would require them to share information about a potential sale price, the buyers name and other contract terms with residents. Click on your state for information on specific state Tenant / Landlord Laws. After satisfaction of the lien, the landlord shall remit to the mobile home owner the remaining proceeds, if any. Sign up for theCapitolizednewsletter and stay up-to-date on the latest legislative developments during the session. Usually, rent increases by 10% on a yearly basis to account for inflation and the rising cost of living. Homeowners and emergency vehicles must have access to their homes and the rest of the park respectively. Waiver of landlords right to termination. 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 . Mobile home parks, also known as manufactured home parks, are usually subjected to local and state laws. Residents and affordable housing advocates across the state have raised alarm in recent years about mobile-home parks being sold for redevelopment or to out-of-state owners who saddle residents with aggressive rent increases. Remember that manufactured homes are supposed to be affordable housing and most tenants will be conscientious of their finances. You're all set! The landlord may charge the mobile home owner reasonable removal and storage charges. This might include the pool, bbq, communal kitchen, roads, etc. We already mentioned providing some kind of replacement should services be interrupted. Prohibited provisions damages. 70-33-402. Tenants are also within their right to ask you for proof of the rent amount for the last five years. Get A Quick Cash Offer For Your Mobile Home. Sec. 70-33-428. The policy requires (1) notification that an emotional support . 267, L. 2007. <> (2) (a) If the tenant abandons the lot, the landlord shall make reasonable efforts to rent the lot at a fair rental. Key points to remember: Safety Rent collection Proper eviction practices 4/28/95 . <>/ExtGState<>/Font<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> The aggrieved party has a duty to mitigate damages. Marshals identified the two people arrested Wednesday afternoon following a brief standoff at a Billings West End mobile home park. Sign up and take advantage of access to the largest catalogue of legal forms. 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. (b) During an absence of the tenant in excess of 7 days, the landlord may enter the lot when reasonably necessary. is a friendly guide to help you handle these sticky situations. A mobile home park landlord must "maintain fit premises" (A.R.S. 70-33-431. 33, Ch. 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. This is the situation described above. Hoven said he had proposed additional legislation. Some parks are exempt if they only had one parking space per lot at the time of opening. Retaliatory conduct by landlord prohibited. The affordable housing industry is a great business model, But the real estate construction business model is not. 0000131603 00000 n Make sure tenants are aware of garbage collection schedules. (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. Extermination or prevention of vermin or dangerous pests, such as ticks and mosquitoes, is also the responsibility of the landlord. (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. (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). Click on your state for information on specific state Tenant / Landlord Laws. 0000108882 00000 n (3) After complying with subsections (1) and (2), the landlord shall: Just one example that people often take for granted is trees. Box 200516 Helena, MT 59620 Phone: (406) 841-2056 Fax: (406) 841-2050 Email Us a]THWD27I-AoVe2ryd}X9/@ #P-!%eQ_^tiwxBAEpv? D!0 HZ9Fgqd']tKz Your tax-deductible gift will go directly toward funding the tools and resources that help bring clarity to the inner workings of our state government. 70-33-424. 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. 70-33-431. 267, L. 2007. Remedies for absence or abandonment. 267, L. 2007. Example: A HUD home that will be located on a reservation that sells for $100,000, is subject to $450. Unconscionability court discretion. 36, Ch. Stop Mobile Home Repossession If you wish to suggest an update please contact us. 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. The information presented here is collected from a variety of sources including the Montana Legislatures public roster and its official bill-tracking system, the Legislative Automated Workflow System, or LAWS. Thank you for supporting public-service journalism when our state needs it most. Some parks have many more areas of concern than others. Noncompliance of tenant generally landlords right of termination damages injunction. (i) the termination does not violate a provision of this section or any other state statute; and (1) If the court, as a matter of law, finds that: What happens when youve got drug dealers or any other bad actors in a mobile-home park? 70-33-422. 0000130647 00000 n The landlord shall remit to the tenant the remaining proceeds, if any, together with an itemized accounting. /Size 127 Security deposits shouldnt be ridiculous. Minimal maintenance. /Length 857 0000125094 00000 n 70-33-406. 70-33-405. 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. Its also the mobile home park owners responsibility to have a plan in place in case of an emergency. (m) any legitimate business reason not covered elsewhere in this subsection (1) if the landlord meets the following requirements: Lucas Hancock, 32 of Spokane . 267, L. 2007. (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. History:En. No property taxes. 70-33-427. /O 99 (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. 267, L. 2007. 0000136104 00000 n 70-33-432. (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. 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. (b) the tenant is in default in rent; or Well discuss this a little more in the following sections. 267, L. 2007. 3 0 obj These tenants a lot of times arent capable of doing the repairs needed and cleaning up the parks with the bad tenants in there, said Dylan Osterhout, who said he runs real estate brokerage and manages mobile-home parks in Helena. (6) A public or private sale authorized by this section must be conducted under the provisions of 30-9A-610 or the sheriffs sale provisions of Title 25, chapter 13, part 7. 0000108683 00000 n Go to Top. History:En. 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. No overly close neighbors. 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. 70-33-423. O + ' The notice tells you that the park owner plans to get rid of your mobile home. real estate for sale 46; apartments / housing for rent 12; parking & storage 2; wanted: real estate 1 + show 8 more 70-33-423. A landlord can place a lien on a mobile home for space rent or unpaid utilities. Other tenants are affected by a bad tenants behavior, not just the owner. After rent increases and added water, sewer and garbage fees, she said, her lot payment now averages $595 more than twice as much. Grounds for termination of rental agreement. 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. A good first step is to have watertight rules in place so that its clear when one party was out of line. 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