Yes. 70-33-430. 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). Fire or casualty damage rights and obligations of tenant. 267, L. 2007. 456, L. 2001; amd. 70-33-428. (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. "Tenant" means the owner or operator of a recreational vehicle who has occupied a lot in a park for more than 30 consecutive . 70-33-410. 70-33-401. an act generally revising laws related to mobile home parks; revising the allowed capital gains tax exemptions for the sale of a mobile home park; requiring the notification of mobile home park owners; establishing a special revenue account; providing a statutory appropriation; and amending sections 15-31-163 and 17-7-502, mca. History:En. In some states, like Oregon, the law treats this . (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. The park owner must mail you a "14-day notice" - sent first class mail, with proof of mailing. 267, L. 2007. Priest Attorney at Law 7420 Greenhaven Drive, Suite 125 Sacramento, CA 95831 Phone 916-429-4600 housing. 35, Ch. Disposition of abandoned personal property. 70-33-427. (3) The rights of a tenant under this section do not arise until the tenant has given notice to the landlord and the landlord has had a reasonable opportunity to correct the conditions. Sec. After satisfaction of the lien, the landlord shall remit to the mobile home owner the remaining proceeds, if any. You can update your address by emailing: dorgallatinoffice@mt.gov or by calling 406-582-3400. 70-33-406. Noting that mobile-home residents often have tens of thousands of dollars invested in their trailers, Nikolakakos countered that lawmakers should think about mobile-home evictions as akin to a quasi-foreclosure.. /Length 857 (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. >> He is a jack of all trades type of guy. Accounting or apportionment for rent in the event of termination must be made as of the date of the fire or casualty. 70-33-409. (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. (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. 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. (3) The landlord and tenant may stipulate to a continuance of the hearing beyond the time limit in subsection (2) without the necessity of an undertaking. 70-33-409. Go to Top. Here, the contractual right of First Refusal gives you the obligation to take any bid or offer on your mobile home to the option holder (the park) before bringing that option to the buyer. (i) disorderly conduct that results in disruption of the rights of others to the peaceful enjoyment and use of the premises, for which the notice period is 30 days; Except in the case of abandonment or surrender or as permitted in this chapter, a landlord may not recover or take possession of the lot by action or otherwise, including purposeful diminution of services to the tenant by interrupting or causing the interruption of running water, electricity, gas, or other essential services. These big corporations are coming in, buying up mobile home parks and making the once affordable unaffordable, Hill said. At the start, make sure that every tenant receives a list of the rules and regulations of the park when joining. (1) A provision prohibited by70-33-202that is included in a rental agreement is unenforceable. 30, Ch. 0000001031 00000 n /N 6 MONTANA: Chapter 26: NEBRASKA: Better Get A Big Cup Of Coffee: NEVADA: 118 . We received 3 reports with mobile home park lot rent running around $400 ($390, $400, and $440). In an apartment complex, you get mad at your landlord, you get a U-Haul, load up with your stuff and find another place, Nikolakakos said. Disposition of abandoned mobile home. In this case, the tenant doesnt have to provide notice. (c) has organized or become a member of a tenants union, mobile home park resident association, or similar organization. 49, Ch. 0000109847 00000 n It also means that many problems can be resolved amicably and efficiently. Fire or casualty damage rights and obligations of tenant. The City Attorney's Office phone number is 608-266-4511. 39, Ch. 45, Ch. Sign up for our free summaries and get the latest delivered directly to you. History:En. 70-33-403. Go to Top. History:En. Sec. TAX LIENS: If real property becomes delinquent and remains so on the day before the first working day in August (August 1, 2022 for 2021 taxes), the County Treasurer must attach a tax lien on the property per MCA 15-17-125, and file the lien with the . The park has to give the resident, and anyone the park knows has a mortgage on the resident's home, a written notice ten days before taking action. 70-33-407. (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. Unlawful or unreasonable entry by landlord tenants remedies. Continually being vigilant for infringements, listening to complaints, and addressing concerns can quickly become a full-time job. You may deduct the cost of rent for a mobile home you own if it is your principal residence. 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. History:En. (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. There is a balance to be found in between. History:En. According to NeighborWorks Montana, the state currently has 17 resident-owned cooperatives, representing 670 homes in total. amounts paid for utilities, furnishings, and parking if the landlord makes NO seperate charges for these items. (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. (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. Carla Hill, who said she owns a home in the Cherry Creek mobile-home park in Billings, said she paid $285 a month to rent a lot before a corporation purchased the park in 2020. 70-33-429. Dan Paton has been working full-time in this field for over a decade. Dan and his wife have 4 children. Basic RIghts RV park tenants have the right to use laundry, shower and other common facilities located in the park for the duration of their tenancy. Tenants failure to maintain lot landlords right to enter and repair. 267, L. 2007. This table may omit bill actions recorded since this guide's last update. A tenant can also move out within 30 days if the home has a major defect that makes it unpleasant to live in and the park owner doesnt fix it. 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. (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. In Montana, if a tenant commits the same lease violation within a six-month timeframe, the landlord can serve them a 5-Day Notice to . 70-33-422. 267, L. 2007. Unlawful or unreasonable entry by landlord tenants remedies. (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. A writing or recording is not necessary to create the lien provided for in this section. You would be surprised how many potential hazards there are in a mobile home park. Military personnel may give less than 30 days notice if they were also unaware. (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. 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. (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; (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. See the. However, in most cases, you have to give notice to the tenant that you tend to evict them, on what grounds, and provide the dates and details of the reason if there are any. Go to Top. 0000108683 00000 n Additionally, make sure to communicate any changes to tenants effectively. Is that reasonable? 70-33-426. Go to Top. Example: A HUD home that will be located on a reservation that sells for $100,000, is subject to $450. This could be because of poor sanitary conditions, accessibility problems, safety concerns, etc. 70-33-427. 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. Mobile-home park owners countered that they believe the sale notice bill interferes with their property rights by making it harder for them to sell their holdings. (b) a settlement in which a party waives or agrees to forego a claim or right under this chapter or under a rental agreement is unconscionable, the court, in order to avoid an unconscionable result, may refuse to enforce the settlement, may enforce the remainder of the settlement without the unconscionable provision, or may limit the application of any unconscionable provision. Is 608-266-4511 park when joining dorgallatinoffice @ mt.gov or by calling 406-582-3400 a big of! 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