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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. Reporting and web design was done primarily by MTFP Deputy Editor Eric Dietrich. (2) If the rental agreement is terminated pursuant to subsection (1), the landlord shall return any prepaid rent and all security recoverable pursuant to Title 70, chapter 25. %PDF-1.7 0000135152 00000 n History:En. Subchapter: Trailer Courts and Tourist Campgrounds. (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; Remedies for absence or abandonment. (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 Except as provided in subsection (4) of this section, if the tenants noncompliance is purposeful, the landlord may recover treble damages. 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. (c) procure reasonable substitute housing during the period of the landlords noncompliance, in which case the tenant is excused from paying rent for the period of the landlords noncompliance. 38, Ch. Not only are there comprehensive acts written on this topic but almost every state has its own laws as well. /L 430972 (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; 267, L. 2007. Landlords failure to maintain premises tenants remedies. Make sure tenants are aware of garbage collection schedules. Security deposits shouldnt be ridiculous. Stop Mobile Home Repossession 70-33-430. I ask the committee to ask yourselves: Is it reasonable for someone to put a $50,000 or $70,000 or $80,000 investment into something that cannot move without thousands of more dollars on a contractual term of 30 days at a time. Some expressed concern that the bill would require them to share information about a potential sale price, the buyers name and other contract terms with residents. (3) Except as otherwise provided in this chapter, the landlord may recover actual damages and obtain injunctive relief for any noncompliance by the tenant with the rental agreement or70-33-321. (1) If there is a noncompliance by the tenant with the rental agreement or with a provision of70-33-321, the landlord may deliver a written notice to the tenant pursuant to70-33-106specifying the acts or omissions constituting the noncompliance and stating that the rental agreement will terminate upon the date specified in the notice that may not be less than the minimum number of days after receipt of the notice provided for in this section. Sec. (e) a violation of a rule that creates an immediate threat to the health and safety of any other tenant or the landlord or manager whether or not notice was given pursuant to subsection (1)(c) and the violation was remedied as provided in subsection (3), for which the notice period is 14 days; Montana does not have laws protecting mobile home park residents from unfair rent increases. x\YoH~7o+-6lM0|V6([XTd*AoU5IQ2JDa!^E:FA^Y6LbOzE67qpt(O"qsewgg"?t@))_lw?tw'22pLR'FvwwM\g@ }Qd/v@pa0QA$L oN';;I~97#U)_$2AzIJ}k4%?v"SQC\VtR9sK:npb1P*l]A }|\V)Gp1>Dx3qn 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. Multiple park owners also scoffed at the notion that mobile-home park tenant associations can successfully keep up with maintenance and police resident behavior. A landlord is entitled to payment of the removal and storage costs allowed under subsection (2) before the owner may remove the mobile home. <>/Metadata 118 0 R/ViewerPreferences 119 0 R>> (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. 12/31/72; AMD, 1982 MAR p. 1098, Eff. (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. (b) (i) The court may order the tenant to pay into court all or part of the rent accrued and afterwards accruing, and the court shall determine the amount due to each party. 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. 70-33-406. Get free summaries of new opinions delivered to your inbox! 70-33-410. 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. For many of the concerns related to the rights of tenants and the landlord, respectively, the Mobile Home Landlord and Tenant Rights Act should be your guide. (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. If you wish to suggest an update please contact us. If the repair is required in a case of emergency and the landlord has not made the repairs, the tenant may have repairs made only by a person qualified to make the repairs. 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. (2) If the rental agreement is terminated, the landlord shall return all security recoverable pursuant to Title 70, chapter 25, and any prepaid rent. History:En. (3) The remedy provided in subsection (2) is in addition to a right of the tenant arising under subsection (1). 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. Sign up to get our reporting sent straight to your inbox every weekday morning. In these cases, its handy if you have a dedicated groundsman that can take care of problems. Disposition of abandoned mobile home. Dan works heavily in the administrative role within the organization. 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. Sec. 0000108683 00000 n 70-33-404. Just one example that people often take for granted is trees. 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. Tenants failure to maintain lot landlords right to enter and repair. The park owner must mail you a "14-day notice" - sent first class mail, with proof of mailing. 98 0 obj Dont charge overdue fees for late rent. Any damage that was a direct result of poor roads or road planning falls on the park owner. Grooming funds are derived from snowmobile gas tax refund and decal fees. History:En. (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. (5)Manufactured or mobile homes will be valued and classified as real property when the home meets all of the following guidelines: (a)the running gear is removed; and (b)the manufactured or mobile home is attached to a permanent foundation, which cannot feasibly be relocated. 45, Ch. Go to Top. a]THWD27I-AoVe2ryd}X9/@ #P-!%eQ_^tiwxBAEpv? D!0 HZ9Fgqd']tKz (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: Go to Top. Lawmakers in the Montana House gave a preliminary thumbs-up to a bill that would expand legislative oversight of the states federally funded broadband internet program, which will likely direct hundreds of millions of dollars to subsidizing rural Montana connectivity in the coming years. A bill of sale. 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. 70-33-403. Often their concerns will help you improve the park in some way or stop further damage and chaos. Go to Top. 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. 267, L. 2007. Tell us at tips@montanafreepress.org. 70-33-404. Another source of sanitary issues could be water that has been stagnant for a long time. Thank you for supporting public-service journalism when our state needs it most. Weights and Measures P.O. Such laws often define the rights of the mobile home park owner to evict tenants. (1) The remedies provided by this chapter must be administered so that an aggrieved party may recover appropriate damages. TITLE 70. (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. Is that reasonable? Grounds for termination of rental agreement. 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. A dish filled with water sits in the sink at Katelyn Anton's home at Meadowlark Mobile Home Park on Friday in Billings. See the. (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. Never miss Montanas biggest stories and breaking news. Sec. Well discuss this a little more in the following sections. Marshals identified the two people arrested Wednesday afternoon following a brief standoff at a Billings West End mobile home park. Disposition of abandoned mobile home. 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 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: Go to Top. The sale proceeds are subject to any prior security interest of record. is a friendly guide to help you handle these sticky situations. 70-33-430. "Recreational vehicle park" or "park" has the same meaning as defined in Section 18862.39 of the Health and Safety Code. 267, L. 2007. History:En. For purposes of this subsection, rebuttable presumption means that the trier of fact is required to find the existence of the fact presumed unless evidence is introduced that would support a finding of its nonexistence. However, the tenant must provide a written notice of their intent and can move out if the landlord fails toaddress it. Sec. History:En. (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: (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). Several residents who testified Monday said lot rents in their parks have been raised by hundreds of dollars a month following sales, causing some of their neighbors to lose their homes. (m) any legitimate business reason not covered elsewhere in this subsection (1) if the landlord meets the following requirements: Landlords push back on pro-tenant, mobile-home park bills. Homeowners and emergency vehicles must have access to their homes and the rest of the park respectively. 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 personal property. Both bills now face initial votes in the House Judiciary Committee. Go to Top. Mobile home park tenancies have their own special set of laws under Chapter 723 of the Florida Statutes. (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. (5) The landlord may dispose of the mobile home after complying with subsection (3) by: In some states, like Oregon, the law treats this . (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. 37, Ch. Sec. A bill of sale, as explained earlier, is used as proof of purchase of a property, in this case, a mobile home. Retaliatory conduct by landlord prohibited. 70-33-432. 0000002246 00000 n Unlawful or unreasonable entry by landlord tenants remedies. This is one area that not all landlords are as comfortable with as others, yet it is a very necessary part of park ownership. Continually being vigilant for infringements, listening to complaints, and addressing concerns can quickly become a full-time job. Rental Agreements; Part 3. (2) A right or obligation declared by this chapter is enforceable by action unless the provision declaring it specifies a different and limited effect. A tenant cannot be evicted for revenge. However, they are not permitted to perform a retaliatory eviction. refresh results with search filters open search menu. 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