(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. (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. Depending on the type of park (co-op or PUP, for example), there should be regular meetings where tenants are allowed to voice their concerns. Effective Financing Statement Lien, a lien against specific crops, livestock, and unmanufactured products. Make sure that all the homes in the park are up to safety codes and zoned correctly for the weather and wind conditions. 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.). Roads are the responsibility of the park. 0000092845 00000 n 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. 70-33-410. In an action on a rental agreement or arising under this chapter, reasonable attorney fees, together with costs and necessary disbursements, may be awarded to the prevailing party notwithstanding an agreement to the contrary. (2) If a tenant removes a lock or replaces or adds a lock not supplied by the landlord to the premises and fails to provide a key as required by70-33-312(5), the landlord may either obtain injunctive relief or terminate the rental agreement. 267, L. 2007. Retaliatory conduct by landlord prohibited. A good first step is to have watertight rules in place so that its clear when one party was out of line. 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. How do you get rid of them? said Montana Landlords Association president John Sinrud. Please check official sources. 70-33-404. A good first step is to have watertight rules in place so that its clear when one party was out of line. !EO:)!;z>w:q+DkTE 96K24-]J=_tSJ'R-_Oj%D@"`FHtn0Zu+2rk?4\2/ Nucd Wf(kn]PGdSQG.h2 ,w 1zz>c*ZMK/= (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. (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. [emailprotected], HH Evictions, Inc. Go to Top. Sec. 70-33-406. (1) A provision prohibited by70-33-202that is included in a rental agreement is unenforceable. Five days is the usual amount of time a tenant has after the due date to square his account before there is any penalty. Not only are there comprehensive acts written on this topic but almost every state has its own laws as well. 0000001031 00000 n If you are renting a manufactured home in an MHP, you are covered Landlords remedies after termination action for possession. You can explore additional available newsletters here. While mobile-home units can in theory be moved to a new location, thats in practice costly upwards of $10,000, Nikolakakos said and in some cases impossible for older homes that arent in good enough condition to survive a move intact. The reason is to have the document notarized, and once it has been, you will then stand as the owner since the bill is a legal binder. A bill of sale, as explained earlier, is used as proof of purchase of a property, in this case, a mobile home. 70-33-428. (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). 0000126592 00000 n Click on your state for information on specific state Tenant / Landlord Laws. Its not in everyones nature to be strict and firm when it comes to enforcement and punishment. We hope that this article will help you run a smooth, neat, safe, and pleasant mobile home park. At the start, make sure that every tenant receives a list of the rules and regulations of the park when joining. (b) During an absence of the tenant in excess of 7 days, the landlord may enter the lot when reasonably necessary. 2023 Montana's independent nonprofit news source. stream 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. (a) the violation of the applicable building or housing code was caused primarily by lack of reasonable care by the tenant, a member of the tenants family, or any other persons on the premises with the tenants consent; /T 428908 In general, one months worth of rent is a more than adequate security deposit. As part of every tenants right to privacy, you will need to make a request before entering their home. You can update your address by emailing: dorgallatinoffice@mt.gov or by calling 406-582-3400. It also requires owners to review counteroffers if a residents' association uses that time to organize in an effort to purchase the park. 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. 70-33-431. 70-33-407. Minnesota law allows a park to ask a resident to move for the following reasons: 1. 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. 70-33-433. (4) Subsections (1) through (3) do not prevent a landlord from bringing an action for possession if: 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) The remedy provided in subsection (2) is in addition to a right of the tenant arising under subsection (1). Mobile home park attendants and caretakers - 16-41-27-9 Sec. 0000002246 00000 n Nathan Groven, who said he and his wife own three trailer parks in Great Falls, said that under current law it already takes months for landlords to evict mobile-home tenants or win permission to dispose of an abandoned trailer. The tenant generally owns the mobile home itself but ground and utility hook-ups on which the home stands are the property of the lot or mobile home park owner. 267, L. 2007. If the change of use does not require local government permits, the landlord shall give the written notice at least 6 months prior to the change of use. The policy requires (1) notification that an emotional support . Action for nonpayment of rent tenants counterclaim. Trail maps are available from your local club, Forest Service offices, or the Montana Snowmobile Association. <>/Metadata 118 0 R/ViewerPreferences 119 0 R>> 49, Ch. Landlords push back on pro-tenant, mobile-home park bills. You also need to know how and when to take action in cases of missed payments. (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; 267, L. 2007. 0000093414 00000 n (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: 70-33-404. (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. Additionally, make sure to communicate any changes to tenants effectively. Not only are there comprehensive acts written on this topic but almost every state has its own laws as well. He is a jack of all trades type of guy. /L 430972 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. endobj 4 0 obj 0000136104 00000 n 0000109847 00000 n Disposition of abandoned personal property. Prohibited provisions damages. (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. Laws and Rules Online Complaint Form MHP & RCA Resources Related Topics Food, Pools, and Lodging Services Environmental Health Division EH Division Home Contact Info Food, Pools and Lodging Services Section 651-201-4500 health.mhprca@state.mn.us Laws and Rules CHAPTER 4630 Camps and Manufactured Home Parks Repealed within Chapter 4630 Unconscionability court discretion. Grounds for termination of rental agreement. "Tenant" means the owner or operator of a recreational vehicle who has occupied a lot in a park for more than 30 consecutive . In order to become law, both must pass the Montana House and Senate and then survive the governors veto pen. The Fair Housing Act protects homebuyers and renters from discrimination based on several factors, so it seems like it should keep developers from closing their doors to . Sec. Sec. No overly close neighbors. RV park tenants are no exception to this rule. 33, Ch. History:En. This could be because of poor sanitary conditions, accessibility problems, safety concerns, etc. History:En. a]THWD27I-AoVe2ryd}X9/@ #P-!%eQ_^tiwxBAEpv? D!0 HZ9Fgqd']tKz %PDF-1.7 Do you have a concern about alicensed public facility such as a restaurant, hotel, trailer court, tattoo artist, or swimming pool? A list of the home owners responsibilities. However, they are not permitted to perform a retaliatory eviction. 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. Your donation funds transparency. 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. A dish filled with water sits in the sink at Katelyn Anton's home at Meadowlark Mobile Home Park on Friday in Billings. The purpose of these links are to provide manufactured home community tenants with online resources that address issues of Park / Tenant Laws. 0000000017 00000 n 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. Montana's laws provide some important protections, but also have a . Disposition of abandoned personal property. It offered some amazing things like ballroom dancing, full community parties, boat docks, indoor pools, and gorgeous views. 0000091893 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. History:En. Knowing your responsibilities and expectations placed on your shoulders is the first step towardsgood residential park management. Dan Paton has been working full-time in this field for over a decade. Park regulations must state whether trees on lots should be taken care of by the tenants or the park owner. 2023 Personal Property Depreciations Schedules and Trend Tables are now available. History:En. %PDF-1.4 70-33-410. If you wish to suggest an update please contact us. <> Sec. startxref Go to Top. 267, L. 2007. 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. (5) The landlord may dispose of the mobile home after complying with subsection (3) by: We received 3 reports with mobile home park lot rent running around $400 ($390, $400, and $440). Insurance is also a must. (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; 267, L. 2007. About the 2023 Montana Free Press Capitol Tracker. +}7>j>q8X[-.`/7pRw:rRB/c .]#vo*a[LRR`uG|Tx6R=^7EAr?b2,?kndo_ dA\aUMokQ! In either case, the landlord may recover actual damages. Especially when you have children in the park, which opens a whole can of worms regarding safety. Payments that constitute rent are amounts paid specifically as rent are allowed; and. Trails are groomed by local clubs or the chambers of commerce with grant money provided by Montana State Parks. 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. 267, L. 2007. Landlords failure to provide essential services tenants remedies. (2) If one party purposefully uses a rental agreement containing provisions known by that party to be prohibited, the other party may recover, in addition to actual damages, an amount up to 3 months rent. << 406-720-7919 (fax) 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. Disclaimer: These codes may not be the most recent version. A month-to-month lease? Just like other types of real estate, mobile homes are subject to local real estate laws including zoning. Go to Top, 406-770-3535 (phone) Agricultural Lien, a lien against goods used or bought for farming or ranching purposes. (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. 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