housing. Keep in mind that sometimes it isnt the tenants fault and merely the effects of use over time. 0000125094 00000 n 1 0 obj (1) A provision prohibited by70-33-202that is included in a rental agreement is unenforceable. 267, L. 2007. 70-33-426. History: En. /E 137596 We hope that this article will help you run a smooth, neat, safe, and pleasant mobile home park. 36, Ch. (4) For purposes of calculating the total number of notices given within a 12-month period under subsection (1)(d), only one notice for each violation per month may be included in the calculation. (c) has organized or become a member of a tenants union, mobile home park resident association, or similar organization. Id. (b) (i) The tenant may make repairs that do not cost more than 1 months rent and deduct the cost from the rent if the tenant has given the landlord notice and the landlord has not made the repairs within a reasonable time. Go to Top. A dish filled with water sits in the sink at Katelyn Anton's home at Meadowlark Mobile Home Park on Friday in Billings. The attorney currently handling complaints under this law is, at the time of this writing, Steve Brist. Fire or casualty damage rights and obligations of tenant. (NRS 108.270 (1).) 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. 267, L. 2007. If not properly looked after and maintained, branches can drop on houses, cars, people or on the road. History:En. 70-33-424. (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. 44, Ch. 43, Ch. 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. Unlawful ouster, exclusion, or diminution of services tenants remedies. Waiver of landlords right to termination. Yes, Age-Restricted Communities Are Legal. 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. 70-33-433. Roads are the responsibility of the park. News apps are nice, but how many stories might you be missing? In some states, like Oregon, the law treats this . However, it isimportant to run a safe, peaceful, and profitable mobile home park. initial registration fee - $100,000 x 4% x 11.25%.) <>/Metadata 118 0 R/ViewerPreferences 119 0 R>> The rental agreement terminates as provided in the notice subject to the following exceptions: History:En. The following reasons will be good enough and legal to evict someone from your park: Failure to pay rent. Republican lawmakers on the House Judiciary Committee greenlit bills to ban most abortions after 12 weeks of pregnancy, add reporting requirements for medication abortions and increase medical interventions when non-viable infants are born alive. (b) has complained to the landlord in writing of a violation under70-33-303; or Tell us at tips@montanafreepress.org. Please check official sources. 70-33-423. 70-33-424. 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. 70-33-408. A resident is late paying rent or utility charges owed to the park. 2 - They vary from location to location Some locations are more thorough than others in dictating the requirements placed on mobile home park landlords. Tenants will also expect information regarding how and when their security deposits will be returned to them when they move out of the home. (4) In a landlords action for possession filed pursuant to subsection (1), the court shall rule on the action within 5 days after the hearing. This is a project of Montana Free Press, a 501 (c) (3) nonprofit newsroom that aims to provide . Questions and comments for the Food and Consumer Safety Section (FCSS) may be sent by clicking on the box above. 70-33-402. Throughout Montana, local jurisdictions have not acknowledged tiny houses despite the fact that the state critically needs affordable housing solutions. (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. /O 99 (1) (a) If the rental agreement requires the tenant to give notice to the landlord of an anticipated extended absence in excess of 7 days, as provided for in70-33-322, and the tenant fails to do so, the landlord may recover actual damages from the tenant. And thats just life, he said. %PDF-1.4 (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. 4 0 obj May 31, 2019 4:43 PM. Not only is this the law but its also just good manners and common decency. real estate for sale 46; apartments / housing for rent 12; parking & storage 2; wanted: real estate 1 + show 8 more Landlords failure to provide essential services tenants remedies. 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. (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. 2 0 obj 70-33-402. Noncompliance of tenant generally landlords right of termination damages injunction. Box 200516 Helena, MT 59620 Phone: (406) 841-2056 Fax: (406) 841-2050 Email Us 70-33-426. This is one area that not all landlords are as comfortable with as others, yet it is a very necessary part of park ownership. History:En. (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. Two possible foundation types exist: % Sign up for our free daily newsletter to get unbiased, independent Montana news sent directly to you. Refusal of access landlords remedies. The park owner himself didnt comply with the lease agreement. 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. If the park itself is somehow unliveable. Some parks are exempt if they only had one parking space per lot at the time of opening. # $ % &. RV park tenants are no exception to this rule. 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. The most common remedy for a failure to pay rent is a contact action to recover money damages. Most states, including Montana, have special laws protecting residents of manufactured home communities. xref If you are renting a manufactured home in an MHP, you are covered A mobile home park landlord must "maintain fit premises" (A.R.S. Go to Top 70-33-103. Remedies; I know there are times where its not fair. Differentiate between lots and other park property so that there is no gray area regarding responsibilities. 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. Both him and his partner, Dan Leighton, formed EZ Homes back in 2006 and have seen explosive growth ever since. 97 0 obj Holdover remedies consent to continued occupancy. 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 . 0000000017 00000 n /Linearized 1 After rent increases and added water, sewer and garbage fees, she said, her lot payment now averages $595 more than twice as much. (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. *un/]O'#uF}Z|kdIay>`8=nW88Sr w9O 0000001961 00000 n 470, L. 1993; amd. (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. Priest Attorney at Law 7420 Greenhaven Drive, Suite 125 Sacramento, CA 95831 Phone 916-429-4600 267, L. 2007. All tenants should receive a full copy of the rules and regulations that they can keep with them. (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. Some parks have many more areas of concern than others. 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. 70-33-430. (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. Otherwise, your tenants may claim ignorance in defense. Indian Country. The presumption does not arise if the tenant made the complaint after notice of a proposed rent increase or diminution of services. (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 right or privilege guaranteed by law cannot be waived. 5/28/82; AMD, 1995 MAR p. 634, Eff. In either case the tenant may recover actual damages. . This might include the pool, bbq, communal kitchen, roads, etc. After all, you will become the landlord for a number of tenants and their families and will be responsible for them to some degree. Maurice A. (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. Five days is the usual amount of time a tenant has after the due date to square his account before there is any penalty. (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. Disposition of abandoned personal property. Think there's a potential news story to be done about a bill or lawmaker you see here? Retaliatory conduct by landlord prohibited. (3) The acceptance of partial payment of rent due does not constitute a waiver of any right. (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; (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; History:En. A landlord can evict a tenant for nonpayment of rent, criminal activity, or not abiding by the mobile park's regulations. A good first step is to have watertight rules in place so that its clear when one party was out of line. History:En. Landlords failure to provide essential services tenants remedies. Three bills introduced in the Montana Legislature this year sought to protect mobile home owners like Newman from the rising tide of housing prices, but only one is still alive -- the others stalling in committee during a session that has seen many affordable housing bills struggle to gain traction. "Resident" means a tenant who has occupied a lot in a park for nine months or more. They need to read and sign the document. The next is to have a system for collecting complaints and then providing arbitration. No overly close neighbors. 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. (b) make a reasonable effort to determine if the mobile home is secured or otherwise encumbered; and 70-33-431. 70-33-433. 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. Sec. Agricultural Lien, a lien against goods used or bought for farming or ranching purposes. Disposition of abandoned personal property. 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. Sec. 37, Ch. As part of every tenants right to privacy, you will need to make a request before entering their home. Provide a notice board that is easy for inhabitants to use or view. Holdover remedies consent to continued occupancy. Do you have a concern about alicensed public facility such as a restaurant, hotel, trailer court, tattoo artist, or swimming pool? 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