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(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. This is a project of Montana Free Press, a 501 (c) (3) nonprofit newsroom that aims to provide . Sec. Sign up for our free daily newsletter to get unbiased, independent Montana news sent directly to you. However, it isimportant to run a safe, peaceful, and profitable mobile home park. If your park is in a zone that experiences hurricanes or tornadoes, you will need to have plans in place for either event. Great Falls, MT 59403, Copyright 2020 HH Evictions Stout WordPress theme by. Administration of remedies enforcement agreement. Dan and his wife have 4 children. Remedies for absence or abandonment. History:En. (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; Military personnel may give less than 30 days notice if they were also unaware. History: En. The Landlord must place the lien on the home within fifteen days after the rent or utilities are thirty days past due. 70-33-401. (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. Steve Skinner, who identified himself as a longtime mobile-home court owner, said the Legislature should look at other ways to tackle housing concerns. "Resident" means a tenant who has occupied a lot in a park for nine months or more. Often their concerns will help you improve the park in some way or stop further damage and chaos. 0000108683 00000 n Remedies for absence or abandonment. (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. (1) If the rental agreement is terminated, the landlord has a claim for possession and for rent and a separate claim for actual damages for any breach of the rental agreement. (1) If the court, as a matter of law, finds that: As part of every tenants right to privacy, you will need to make a request before entering their home. 267, L. 2007. (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. The rental agreement terminates as provided in the notice for one or more of the following reasons and subject to the following conditions: (5) The landlord may dispose of the mobile home after complying with subsection (3) by: The landlord is also responsible for ensuring that garbage collection takes place as usual. Remedies; Keep in mind that sometimes it isnt the tenants fault and merely the effects of use over time. endobj (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. (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). There was an error and we couldn't process your subscription. Agricultural Lien, a lien against goods used or bought for farming or ranching purposes. 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. Noncompliance of tenant generally landlords right of termination damages injunction. Sec. After rent increases and added water, sewer and garbage fees, she said, her lot payment now averages $595 more than twice as much. More by Eric Dietrich. In either case, the landlord may recover actual damages. 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. 98 0 obj !EO:)!;z>w:q+DkTE 96K24-]J=_tSJ'R-_Oj%D@"`FHtn0Zu+2rk?4\2/ Nucd Wf(kn]PGdSQG.h2 ,w 1zz>c*ZMK/= Dan works heavily in the administrative role within the organization. In general, one months worth of rent is a more than adequate security deposit. 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. 2, Ch. 70-33-405. Whether you want to place a mobile home on your private plot of land, in a mobile home community, or open a mobile home park of your own, you will be affected by zoning laws. We hope that this article will help you run a smooth, neat, safe, and pleasant mobile home park. 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. 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. Usually, committal of a crime is the only circumstance in which you can immediately evict a tenant. 70-33-434. (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. Did you witness a violation of local or state COVID regulations? 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. Make sure that all the homes in the park are up to safety codes and zoned correctly for the weather and wind conditions. Many different areas constitute a mobile home park. Go to Top. Weights and Measures P.O. 70-33-433. The landlord's lien may not exceed $2,000 or the total amount due, whichever is less. 70-33-429. Bills would require advance notice of sales to help community ownership bids, extend eviction timelines. 39, Ch. 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. Go to Top, 406-770-3535 (phone) 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. Additionally, make sure to communicate any changes to tenants effectively. Whoops! 4, Ch. Attorney fees costs. (a) selling all or part of the property at a public or private sale; or The most common remedy for a failure to pay rent is a contact action to recover money damages. You would be surprised how many potential hazards there are in a mobile home park. History:En. 70-33-430. Civil Code 798.55. Unlawful ouster, exclusion, or diminution of services tenants remedies. 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. 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. (5) The maintenance of an action under subsection (4) of this section does not release the landlord from liability under70-33-404(2). 0000115313 00000 n In either case the tenant may recover actual damages. 70-33-410. These big corporations are coming in, buying up mobile home parks and making the once affordable unaffordable, Hill said. 70-33-407. 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. The next is to have a system for collecting complaints and then providing arbitration. 70-33-427. 0000093414 00000 n 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 . 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. 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. No name calling. Action for nonpayment of rent tenants counterclaim. Fire or casualty damage rights and obligations of tenant. Mobile home parks, also known as manufactured home parks, are usually subjected to local and state laws. Its also the mobile home park owners responsibility to have a plan in place in case of an emergency. (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. Go to Top. Unconscionability court discretion. (2) A tenant proceeding under this section may not proceed under70-33-405for a landlords failure to provide essential services. Right To Privacy 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. 4 0 obj %PDF-1.4 Sec. 70-33-429. 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