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70-33-403. Go to Top. The notice tells you that the park owner plans to get rid of your mobile home. (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. This is a project of Montana Free Press, a 501 (c) (3) nonprofit newsroom that aims to provide . History: En. 799.31. Sec. This site is protected by reCAPTCHA and the Google, There is a newer version of the Montana Code Annotated, CHAPTER 24 RESIDENTIAL LANDLORD AND TENANT ACT OF 1977. /N 6 Box 3703 Refusal of access landlords remedies. 70-33-432. History:En. Tenants failure to maintain lot landlords right to enter and repair. Tenants failure to maintain lot landlords right to enter and repair. It would require a two-year term for lot rental renewals, limit utility fees to actual utility costs and extend the timelines for eviction proceedings and the disposal of abandoned mobile homes. In most cases, the park then has 7-10 days to accept or decline the offer. This handbook explains the Minnesota laws concerning manufactured home park residents and park owners. (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. This is another matter that might differ state to state. Box 200517 Helena, MT 59602 Phone: (406) 841-2056 Fax: (406) 841-2050 Email Us. 70-33-406. 8, Ch. 45, Ch. History:En. Make sure that all the homes in the park are up to safety codes and zoned correctly for the weather and wind conditions. 43, Ch. This could be because of poor sanitary conditions, accessibility problems, safety concerns, etc. 2, Ch. 70-33-423. Montana's independent nonprofit news source. 267, L. 2007. 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 Both bills now face initial votes in the House Judiciary Committee. 4, Ch. Some parks have many more areas of concern than others. 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. /E 137596 (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; 30, Ch. (ii) If the landlord fails to comply with the rental agreement or70-33-303and the reasonable cost of compliance is less than 1 months rent, the tenant may recover damages for the breach under subsection (2). Your donation funds transparency. 267, L. 2007. If the tenants holdover is purposeful and not in good faith, the landlord may recover an amount of not more than 3 months rent or treble damages, whichever is greater. Landlords failure to provide essential services tenants remedies. 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. (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. Landlords failure to deliver premises tenants remedies. (1) If the court, as a matter of law, finds that: (a) make a reasonable attempt to notify the tenant in writing that the property must be removed from the place of safekeeping; House Bill 428, sponsored by Rep. Mike Yakawich, R-Billings, would strengthen several tenant protections for mobile-home owners. (4) The landlord may dispose of the property after complying with subsection (3) by: Most states, including Montana, have special laws protecting residents of manufactured home communities. 267, L. 2007. Maybe thats not so easy in our current rental market, but thats an option. The Landlord must place the lien on the home within fifteen days after the rent or utilities are thirty days past due. Do you have a concern about alicensed public facility such as a restaurant, hotel, trailer court, tattoo artist, or swimming pool? 267, L. 2007. Weights and Measures P.O. Go to Top. Id. (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. Many different areas constitute a mobile home park. (g) two or more violations of70-33-321(1) within a 12-month period, for which the notice period for the final violation is 14 days; /T 428908 70-33-404. Lucas Hancock, 32 of Spokane . The affordable housing industry is a great business model, But the real estate construction business model is not. Unlawful ouster, exclusion, or diminution of services tenants remedies. 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. No name calling. The next is to have a system for collecting complaints and then providing arbitration. History:En. 41, Ch. Indian Country. There are a few circumstances where a tenant is allowed to move out unexpectedly without warning: This is atricky subject that often calls for very careful handling. 70-33-424. The landlord is responsible for ensuring that every tenant has access to their home and to other park facilities. Sec. If you are renting a lot in an MHP that leases two or more lots, you are covered by the MHOCCA. (b) During an absence of the tenant in excess of 7 days, the landlord may enter the lot when reasonably necessary. 70-33-429. Hoven said he had proposed additional legislation. History:En. Get A Quick Cash Offer For Your Mobile Home. 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. 2023 Personal Property Depreciations Schedules and Trend Tables are now available. When the subject of active adult communities comes up, people commonly wonder whether age-restricted communities are actually legal. 0000001031 00000 n Go to Top. The City Attorney's Office phone number is 608-266-4511. 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. Its not in everyones nature to be strict and firm when it comes to enforcement and punishment. Sec. 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. As a general rule, mobile home owners should be aware that their home can be repossessed only in situations where they do not own the land the vehicle is currently sitting on. Often their concerns will help you improve the park in some way or stop further damage and chaos. This doesnt necessarily mean that you need to be friends with every single one of your tenants or that your relationship has to be strictly business. We hope that this article will help you run a smooth, neat, safe, and pleasant mobile home park. Homeowners and emergency vehicles must have access to their homes and the rest of the park respectively. If the landlord makes an unlawful entry or a lawful entry in an unreasonable manner or makes repeated demands for entry that is otherwise lawful but has the effect of unreasonably harassing the tenant, the tenant may either obtain injunctive relief to prevent the recurrence of the conduct or terminate the rental agreement. (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 The sale proceeds are subject to any prior security interest of record. (2) If the landlord acts in violation of subsection (1) of this section, the tenant is entitled to the remedies provided in70-33-409and has a defense in any retaliatory action against the tenant for possession. You're all set! (1) If a tenancy terminates in any manner except by court order, if the landlord reasonably believes that the tenant has abandoned all personal property that the tenant has left on the premises, and if at least 5 days have elapsed since the occurrence of the events upon which the landlord has based the belief of abandonment, the landlord may remove the property from the premises. So its not right to just do nothing and look away.. 70-33-406. << <> The purpose of these links are to provide manufactured home community tenants with online resources that address issues of Park / Tenant Laws. 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. Personal Property Reporting. 12/31/72; AMD, 1982 MAR p. 1098, Eff. Attorney fees costs. 50, Ch. (2) In an action for possession or unlawful holdover, the provisions of Title 25, chapter 23, apply, except that the time for filing an answer under Rule 4C(2)(b) is 10 days after service of summons and complaint, exclusive of the date of service. Sec. 70-33-405. (3) Regardless of where the landlord stores the mobile home, the landlord shall: You may deduct the cost of rent for a mobile home you own if it is your principal residence. The rental agreement terminates as provided in the notice subject to the following exceptions: 0000114901 00000 n (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. (NRS 108.270 (1).) Sec. 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. Holdover remedies consent to continued occupancy. 0000131931 00000 n General Provisions; Part 2. Sec. /L 430972 70-33-425. (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: Going against the lease / agreement. 406-720-7919 (fax) But perhaps the most important reason that you will not want to build a new mobile home park is that you can't make any money with it. Go to Top. 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. Go to Top. Sign up and take advantage of access to the largest catalogue of legal forms. 2023 NicheInvestments LLC. 70-33-430. Dan works heavily in the administrative role within the organization. In the first, the tenant owns the mobile home, but leases a space in a mobile home park from the park owner. Accidents happen and more often than not, this isnt allowed by law anyway. (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. 70-33-426. Disclaimer: These codes may not be the most recent version. Not only are there comprehensive acts written on this topic but almost every state has its own laws as well. A manufactured (HUD) home purchased by a Tribal member that will be located within any Indian Country in South Dakota is subject to 11.25% of the 4% initial registration fee. (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. (1) If contrary to the rental agreement or70-33-303the landlord purposefully or negligently fails to supply running water, electric, gas, or other essential services, the tenant may give written notice to the landlord specifying the breach and may: 267, L. 2007. The next is to have a system for collecting complaints and then providing arbitration. Sec. Multiple park owners also scoffed at the notion that mobile-home park tenant associations can successfully keep up with maintenance and police resident behavior.

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