(1) If the court, as a matter of law, finds that: 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. 2023 Personal Property Depreciations Schedules and Trend Tables are now available. A bill of sale, as explained earlier, is used as proof of purchase of a property, in this case, a mobile home. Please reload the page and try again. A tenant can also move out in 30 days regardless of their lease agreement if they have to move for a new job or their career. Mobile home park attendants and caretakers - 16-41-27-9 Sec. 18.8.1007. Fire or casualty damage rights and obligations of tenant. 70-33-427. 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. 0000137401 00000 n 44, Ch. 799.31. Sec. "Resident" means a tenant who has occupied a lot in a park for nine months or more. "Tenant" means the owner or operator of a recreational vehicle who has occupied a lot in a park for more than 30 consecutive . Questions and comments for the Food and Consumer Safety Section (FCSS) may be sent by clicking on the box above. Unlawful ouster, exclusion, or diminution of services tenants remedies. 0 Go to Top. All Rights Reserved, Manufactured Housing Administrative Agencies, Chapter 3 & 10 Chapter 11 MHP Landlord Tenant Act, Dig In It Is Deep / Caution May Cause Anxiety, Click TN Code, Title 66 (Chapters 28,29, and 35). Lucas Hancock, 32 of Spokane . Sec. Sec. <> 0000091893 00000 n 70-33-432. Provide a notice board that is easy for inhabitants to use or view. The rental agreement terminates as provided in the notice subject to the following exceptions: Liens currently filed with the Secretary of State's Office are: UCC Lien, a lien against goods used or bought for commercial purposes. Landlords remedies after termination action for possession. House Bill 428, sponsored by Rep. Mike Yakawich, R-Billings, would strengthen several tenant protections for mobile-home owners. Holdover remedies consent to continued occupancy. 29, Ch. History:En. Landlords failure to deliver premises tenants remedies. History:En. Payments that constitute rent are amounts paid specifically as rent are allowed; and. Grounds for termination of rental agreement. Not only are there comprehensive acts written on this topic but almost every state has its own laws as well. %PDF-1.4 Especially when you have children in the park, which opens a whole can of worms regarding safety. (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. After rent increases and added water, sewer and garbage fees, she said, her lot payment now averages $595 more than twice as much. The law gives you 3 days to fix these issues after such an event, but you will have to submit written proofof the delay. 70-33-426. (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. (b) recover damages based upon the diminution in the fair rental value of the lot; or Go to Top. When the subject of active adult communities comes up, people commonly wonder whether age-restricted communities are actually legal. Physical Address. 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.). (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. You should have a written agreement which sets the terms of your lease. Get your insiders look into what's happening in and around the Capitol. 42, Ch. (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). Accountability reporting matters. On Tuesday, the Cheney City Council unanimously voted to table the first reading of a proposed land zone change ordinance that could be a precursor to closing the North Cheney Mobile Home Park. 70-33-430. Retaliatory conduct by landlord prohibited. Opponents also argued longer lease terms would make it harder for them to pass property tax increases onto residents. History:En. 2023 NicheInvestments LLC. (h) any violation of70-33-321(3), for which the notice period is as provided in70-33-422(1); It also covers the minimum number of mobile homes that are expected to be on a mobile home park before it can be a licensed mobile home park. 70-33-410. (a) simplify and clarify the law governing the rental of land to owners of mobile homes and manufactured homes and the rights and obligations of landlords and tenants concerning lot rentals; and (b) encourage landlords and tenants to maintain and improve the quality of housing. 70-33-432. Sec. 0000108882 00000 n /Prev 428896 470, L. 1993; amd. 31, Ch. (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. Go to Top. 267, L. 2007. (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; (a) make a reasonable attempt to notify the tenant in writing that the property must be removed from the place of safekeeping; The sale proceeds are subject to any prior security interest of record. (l) changes in the use of the land if the requirements of subsection (2) are met, for which the notice period is 180 days; 70-33-428. 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) destroying or otherwise disposing of all or part of the property if the landlord reasonably believes that the value of the property is so low that the cost of storage or sale exceeds the reasonable value of the property. For many of the concerns related to the rights of tenants and the landlord, respectively, the, Mobile Home Landlord and Tenant Rights Act. However, it isimportant to run a safe, peaceful, and profitable mobile home park. 0000131931 00000 n Great Falls, MT 59403, Copyright 2020 HH Evictions Stout WordPress theme by. 267, L. 2007. (4) A tenant does not have rights under this section if the conditions were caused by the act or omission of the tenant, a member of the tenants family, or any other person on the premises with the tenants consent. The most common remedy for a failure to pay rent is a contact action to recover money damages. 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. 3 0 obj Go to Top. All lots must have at least enough space for two parked cars. 4/28/95 . We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. The Landlord must place the lien on the home within fifteen days after the rent or utilities are thirty days past due. 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 attorney currently handling complaints under this law is, at the time of this writing, Steve Brist. real estate for sale 46; apartments / housing for rent 12; parking & storage 2; wanted: real estate 1 + show 8 more The landlord's lien may not exceed $2,000 or the total amount due, whichever is less. 389, L. 1995; amd. 49, Ch. He is a jack of all trades type of guy. trailer (3) If the landlord consents to the tenants continued occupancy,70-33-201(2)(e) applies. Disposal may include having the mobile home removed to an appropriate disposal site. 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. << The landlord shall remit to the tenant the remaining proceeds, if any, together with an itemized accounting. Attorney fees costs. (NRS 108.270 (1).) Reporting and web design was done primarily by MTFP Deputy Editor Eric Dietrich. Tenants will also expect information regarding how and when their security deposits will be returned to them when they move out of the home. If the landlord rents the lot for a term beginning before the expiration of the rental agreement, the rental agreement terminates as of the date of the new tenancy. These laws cover the rights of both the mobile home park owners and their tenants. 267, L. 2007. Well discuss this a little more in the following sections. "Recreational vehicle park" or "park" has the same meaning as defined in Section 18862.39 of the Health and Safety Code. 267, L. 2007. 0000002246 00000 n (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. Go to Top. (7) The landlord has a lien on the mobile home and the proceeds of a sale conducted pursuant to subsection (6) for the reasonable costs of removal, storage, notice, sale, or delinquent rent or damages owing on the premises. We already mentioned providing some kind of replacement should services be interrupted. (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; Click on your state for information on specific state Tenant / Landlord Laws. 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. Some parks are exempt if they only had one parking space per lot at the time of opening. Florida is the home of one of the first parks in the country, Parsley Trailer Park. 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 Montana Snowmobiling Handbook (PDF) 267, L. 2007. Just one example that people often take for granted is trees. Sec. 267, L. 2007. You'll never have to beat the ceiling with a broom again! (4) If the rental agreement is terminated, the landlord shall return all security recoverable by the tenant pursuant to Title 70, chapter 25. (b) If the action is appealed to the district court, the hearing must be held within 20 days after the case is transmitted to the district court, except that if the rental agreement is terminated because of noncompliance under70-33-321(4), the hearing must be held within 5 business days after the case is transmitted to the district court. Whatever the case may be, youll need to address the problems quickly. Sign up for theCapitolizednewsletter and stay up-to-date on the latest legislative developments during the session. (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). (1) If a landlord unlawfully removes or excludes the tenant from the premises or purposefully diminishes services to the tenant by interrupting or causing the interruption of running water, electricity, gas, or other essential services, the tenant may recover possession or terminate the rental agreement and, in either case, recover an amount of not more than 3 months periodic rent or treble damages, whichever is greater. Go to Top. These communities are also known as mobile home parks, trailer courts, and trailer parks (MHP). 70-33-431. 0000000929 00000 n 32, Ch. Dont charge overdue fees for late rent. (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. Go to Top 70-33-103. Go to Top. I dont want tenants knowing my business, said Sharon Lodge, who said she owns a small park near Belgrade. 70-33-404. After all, you will become the landlord for a number of tenants and their families and will be responsible for them to some degree. 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. (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; A bill of sale. Dan and his wife have 4 children. Subchapter: Trailer Courts and Tourist Campgrounds. 70-33-422. 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. 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. )]qwvA m\mT~{ Qb%U;}p`? 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. 36, Ch. 119, Ch. A landlord's lien against the property may also be sought, however, it may be subject to a prior security interest. 41, Ch. 0000126592 00000 n A mobile park owner has to ensure that these utilities are running and provided at all times unless it is out of their control. 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. Sec. 0000109847 00000 n Just because you are the landlord and owner doesnt mean the tenants dont have a say. Trail maps are available from your local club, Forest Service offices, or the Montana Snowmobile Association. After all, you will become the landlord for a number of tenants and their families and will be responsible for them to some degree. %%EOF What happens when youve got drug dealers or any other bad actors in a mobile-home park? 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