31, Ch. 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. Go to Top 70-33-103. This is one area that not all landlords are as comfortable with as others, yet it is a very necessary part of park ownership. (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. If the park itself is somehow unliveable. Otherwise, your tenants may claim ignorance in defense. You would be surprised how many potential hazards there are in a mobile home park. Such laws often define the rights of the mobile home park owner to evict tenants. After all, you will become the landlord for a number of tenants and their families and will be responsible for them to some degree. Professional Licensing Bureau P.O. Questions and comments for the Food and Consumer Safety Section (FCSS) may be sent by clicking on the box above. Yes. Indian Country. (d) send a notice by certified mail to the last-known address of the tenant and each known party having a lien or encumbrance of record, stating that at a specified time, not less than 15 days after mailing the notice, the property will be disposed of if not removed. Subchapter: Trailer Courts and Tourist Campgrounds. 0000134984 00000 n The aggrieved party has a duty to mitigate damages. History:En. (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. 0000000017 00000 n (2) (a) If the tenant abandons the lot, the landlord shall make reasonable efforts to rent the lot at a fair rental. (5) The landlord may dispose of the mobile home after complying with subsection (3) by: Steve Skinner, who identified himself as a longtime mobile-home court owner, said the Legislature should look at other ways to tackle housing concerns. 12/31/72; AMD, 1982 MAR p. 1098, Eff. /O 99 (b) notify the local law enforcement office of the property held by the landlord; (3) Subject to the right to terminate in subsections (1)(d) through (1)(k), if the noncompliance described in subsections (1)(a) through (1)(c) is remediable by repairs, the payment of damages, or otherwise and the tenant adequately remedies the noncompliance before the date specified in the notice, the rental agreement does not terminate as a result of that noncompliance. 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. Unlawful ouster, exclusion, or diminution of services tenants remedies. 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. 1 0 obj 70-33-425. REGULATIONS COVERING MOVEMENT OF OVERSIZE MOBILE HOMES, SECTIONAL HOMES, SECTIONAL BUILDINGS, PORTABLE HOMES AND BUILDINGS, PREFAB HOMES AND BUILDINGS, NOT INCLUDING PRE-CUT PANELIZED HOMES OR BUILDINGS, AND HOUSE OR BUILDING MOVING, OVER 12 FEET WIDE, INCLUDING EAVES. 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 %PDF-1.7 House Bill 428, sponsored by Rep. Mike Yakawich, R-Billings, would strengthen several tenant protections for mobile-home owners. Unconscionability court discretion. Continually being vigilant for infringements, listening to complaints, and addressing concerns can quickly become a full-time job. 70-33-423. 70-33-401. Whatever the case may be, youll need to address the problems quickly. In order to become law, both must pass the Montana House and Senate and then survive the governors veto pen. 33, Ch. This doesnt necessarily mean that you need to be friends with every single one of your tenants or that your relationship has to be strictly business. (2) A right or obligation declared by this chapter is enforceable by action unless the provision declaring it specifies a different and limited effect. Rights and Duties of Parties; Part 4. Landlords recovery of possession limited. Tenants are also within their right to ask you for proof of the rent amount for the last five years. 70-33-427. 0000114901 00000 n 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. (ii) if substantially the same act or omission that constituted a prior noncompliance of which notice was given recurs within 6 months, the tenant may terminate the rental agreement upon at least 14 days written notice specifying the breach and the date of termination of the rental agreement; Sec. 267, L. 2007. Electrical, plumbing, gas, water lines, and sewage are all basic human rights. 70-33-409. 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% . Nikolakakos said cooperative land ownership, which is often aided by housing nonprofits such as NeighborWorks Montana, can provide an alternative that keeps mobile-home ownership affordable in the long run. 70-33-408. 70-33-428. Noncompliance of tenant generally landlords right of termination damages injunction. For example, in instancesof a natural disaster or because of municipal maintenance or error. The park owner himself didnt comply with the lease agreement. Mobile home park attendants and caretakers - 16-41-27-9 Sec. He is a jack of all trades type of guy. Two possible foundation types exist: A mobile park owner has to ensure that these utilities are running and provided at all times unless it is out of their control. (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. Landlords recovery of possession limited. Usually, rent increases by 10% on a yearly basis to account for inflation and the rising cost of living. The notice tells you that the park owner plans to get rid of your mobile home. Sec. Sec. (b) make a reasonable effort to determine if the mobile home is secured or otherwise encumbered; and 70-33-428. 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.). % See the. This is atricky subject that often calls for very careful handling. (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. 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. No shouting. (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. 70-33-427. (a) nonpayment of rent, late charges, or common area maintenance fees as established in the rental agreement, for which the notice period is 7 days; 70-33-410. 42, Ch. The policy requires (1) notification that an emotional support . Unlawful or unreasonable entry by landlord tenants remedies. (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. Sign up for our free daily newsletter to get unbiased, independent Montana news sent directly to you. Effective Financing Statement Lien, a lien against specific crops, livestock, and unmanufactured products. 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. 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. 0000092845 00000 n Go to Top. 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. 36, Ch. Maybe thats not so easy in our current rental market, but thats an option. Accountability reporting matters. (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. stream Another source of sanitary issues could be water that has been stagnant for a long time. (b) the tenant is in default in rent; or A resident is late paying rent or utility charges owed to the park. (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; (j) any other noncompliance or violation not covered by subsections (1)(a) through (1)(i) that endangers other tenants or mobile home park personnel or the landlord or manager or causes substantial damage to the premises, for which the notice period is 14 days; 70-33-427. 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. 126 0 obj Mobile home parks, also known as manufactured home parks, are usually subjected to local and state laws. 267, L. 2007. Remember that manufactured homes are supposed to be affordable housing and most tenants will be conscientious of their finances. A mobile-home park just isnt like that.. 29, Ch. 267, L. 2007. It offered some amazing things like ballroom dancing, full community parties, boat docks, indoor pools, and gorgeous views. 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. We hope that this article will help you run a smooth, neat, safe, and pleasant mobile home park. Go to Top. Sec. Going against the lease / agreement. Sec. Disposition of abandoned mobile home. Roads are the responsibility of the park. Many different areas constitute a mobile home park. 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. I know there are times where its not fair. No name calling. You may deduct the cost of rent for a mobile home you own if it is your principal residence. Both him and his partner, Dan Leighton, formed EZ Homes back in 2006 and have seen explosive growth ever since. (4) A tenant does not have rights under this section if the conditions were caused by the act or omission of the tenant, a member of the tenants family, or any other person on the premises with the tenants consent. Mobile home park tenancies have their own special set of laws under Chapter 723 of the Florida Statutes. 0000109847 00000 n A bill of sale, as explained earlier, is used as proof of purchase of a property, in this case, a mobile home. There is a balance to be found in between. Yes, Age-Restricted Communities Are Legal. Reasonable storage costs are allowed to a landlord who stores the property, and actual storage costs are allowed to a landlord who stores the property in a commercial storage company. U"lH&W (?@@`e aYU8|T.Q >^U2Wh /hAp;p.fK;G&nAuzblSd/60o|MZX;(t=76+:?TStg9.3. 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. 0000113944 00000 n /Info 96 0 R 267, L. 2007. A dish filled with water sits in the sink at Katelyn Anton's home at Meadowlark Mobile Home Park on Friday in Billings. Landlords remedies after termination action for possession. The most common remedy for a failure to pay rent is a contact action to recover money damages. Dont charge overdue fees for late rent. 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 . Cal. /P 0 Not only is this the law but its also just good manners and common decency. (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. +}7>j>q8X[-.`/7pRw:rRB/c .]#vo*a[LRR`uG|Tx6R=^7EAr?b2,?kndo_ dA\aUMokQ! This is another one thats important but may not be relevant to most owners. >> 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. 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. 0000135152 00000 n 2023 Personal Property Depreciations Schedules and Trend Tables are now available. (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: /Type /Catalog 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. Refusal of access landlords remedies. Grounds for termination of rental agreement. O + ' Unlawful or unreasonable entry by landlord tenants remedies. 70-33-407. Action for nonpayment of rent tenants counterclaim. Homeowners and emergency vehicles must have access to their homes and the rest of the park respectively. May 31, 2019 4:43 PM. This is a project of Montana Free Press, a 501 (c) (3) nonprofit newsroom that aims to provide . Go to Top. 70-33-404. 5/28/82; AMD, 1995 MAR p. 634, Eff. Landlords recovery of possession limited. Often their concerns will help you improve the park in some way or stop further damage and chaos. Disposal may include having the mobile home removed to an appropriate disposal site. # $ % &. 40, Ch. With this in mind, those who wish to build or park a tiny house in Montana may need to thoroughly research laws in the relevant city and county, and special permission may be needed in some cases. History:En. After rent increases and added water, sewer and garbage fees, she said, her lot payment now averages $595 more than twice as much. Action for nonpayment of rent tenants counterclaim. 50, Ch. Go to Top. Go to Top. 114, L. 2003. 70-33-433. 70-33-407. This is a project of Montana Free Press, a 501(c)(3) nonprofit newsroom that aims to provide Montanans with in-depth, nonpartisan news coverage. 267, L. 2007. Some parks are exempt if they only had one parking space per lot at the time of opening. A good first step is to have watertight rules in place so that its clear when one party was out of line. Montana may have more current or accurate information. Eric came to journalism in a roundabout way after studying engineering at Montana State University in Bozeman (credit, or blame, for his career direction rests with the campus's student newspaper, the Exponent). 70-33-432. Please check official sources. (b) During an absence of the tenant in excess of 7 days, the landlord may enter the lot when reasonably necessary. 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