(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. 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. The bill is signed by both the buyer and the seller in a compa ny of a notary witness. History:En. (c) If the tenancy is from month to month or week to week, the term of the rental agreement for the purposes of this subsection (2) is a month or a week, as appropriate. Not only is this the law but its also just good manners and common decency. After all, you will become the landlord for a number of tenants and their families and will be responsible for them to some degree. History:En. Landlords push back on pro-tenant, mobile-home park bills. It also requires owners to review counteroffers if a residents association uses that time to organize in an effort to purchase the park. 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). This is one area that not all landlords are as comfortable with as others, yet it is a very necessary part of park ownership. %PDF-1.4 Go to Top. (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. (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; /N 6 Here's a list of the greatest advantages of mobile home park living: Cost. 70-33-410. Click on your state for information on specific state Tenant / Landlord Laws. Waiver of landlords right to termination. 70-33-422. Sign up for our free daily newsletter to get unbiased, independent Montana news sent directly to you. 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. Unlawful ouster, exclusion, or diminution of services tenants remedies. 267, L. 2007. Physical Address. All lots must have at least enough space for two parked cars. The landlord shall remit to the tenant the remaining proceeds, if any, together with an itemized accounting. Sec. Retaliatory conduct by landlord prohibited. (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. Go to Top. (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. P.O. 70-33-402. stream 8, Ch. 0000001031 00000 n 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. And thats just life, he said. Before we leave you with all this information, we would like to give you one final tip: You can never go wrong by promoting good landlord-tenant relationships. startxref (2) A tenant proceeding under this section may not proceed under70-33-405for a landlords failure to provide essential services. 2 0 obj (a) The tenant may deliver a written notice to the landlord specifying the nature of the breach and that the rental agreement will terminate upon a date not less than 30 days after receipt of the notice if the breach is not remedied in 14 days. 31, Ch. If you wish to make an additional gift toward our accountability coverage, it will go directly toward funding the tools and resources that help bring clarity to the inner workings of our state government. Steve Skinner, who identified himself as a longtime mobile-home court owner, said the Legislature should look at other ways to tackle housing concerns. Sec. Often their concerns will help you improve the park in some way or stop further damage and chaos. 38, Ch. 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. 0000125094 00000 n 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. (2) (a) If the tenant abandons the lot, the landlord shall make reasonable efforts to rent the lot at a fair rental. History:En. 0000110186 00000 n In Montana, for all other lease violations, the landlord can serve them a 14-Day Notice to Cure or Vacate. This is the situation described above. As part of every tenants right to privacy, you will need to make a request before entering their home. <>/Metadata 118 0 R/ViewerPreferences 119 0 R>> (c) make a reasonable effort to determine if the property is secured or otherwise encumbered; and You also need to be able to find the cause and hold irresponsible tenants liable if they broke park regulations in damaging the property. 70-33-408. This handbook explains the Minnesota laws concerning manufactured home park residents and park owners. After all, you will become the landlord for a number of tenants and their families and will be responsible for them to some degree. Dont charge overdue fees for late rent. No name calling. (iii) the tenant may not terminate the rental agreement for a condition caused by the tenant, a member of the tenants family, or any other persons on the premises with the tenants consent. (b) During an absence of the tenant in excess of 7 days, the landlord may enter the lot when reasonably necessary. 267, L. 2007. You also want to have a degree of approachability among your tenants so that they dont hesitate to reach out to you when they have concerns. (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. /Info 96 0 R 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. Get A Quick Cash Offer For Your Mobile Home. 267, L. 2007. STEP TWO: Have a Valid Reason for Wanting to Evict a Tenant from Your RV Park. 3, Ch. Go to Top. 267, L. 2007. (ii) A party to whom a net amount is owed must be paid first from the money paid into court, and the balance must be paid by the other party. Disposition of abandoned personal property. 70-33-404. 70-33-407. Think there's a potential news story to be done about a bill or lawmaker you see here? 0000093414 00000 n (m) any legitimate business reason not covered elsewhere in this subsection (1) if the landlord meets the following requirements: Refusal of access landlords remedies. Otherwise, your tenants may claim ignorance in defense. 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. You can update your address by emailing: dorgallatinoffice@mt.gov or by calling 406-582-3400. 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. 40, Ch. 126 0 obj 47, Ch. 46, Ch. Another bill sponsored by Sen. Hoven, Senate Bill 362 , would have changed that, with provisions protecting homeowners from retaliatory actions by landlords and providing for an appeal process for residents if a landlord increases rent by more than 3% . (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. Civil Code 798.55. The park owner must mail you a "14-day notice" - sent first class mail, with proof of mailing. (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; Please reload the page and try again. See the. 70-33-429. /Prev 428896 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. (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. A resident is late paying rent or utility charges owed to the park. (i) the termination does not violate a provision of this section or any other state statute; and Summary Generally revise mobile home park laws Tracking Information Register now for our free OneVote public service or GAITS Pro trial account and you can begin tracking this and other legislation, all driven by the real-time data of the LegiScan API. *un/]O'#uF}Z|kdIay>`8=nW88Sr w9O Liens currently filed with the Secretary of State's Office are: UCC Lien, a lien against goods used or bought for commercial purposes. Unlawful ouster, exclusion, or diminution of services tenants remedies. 70-33-409. /Outlines 88 0 R Continually being vigilant for infringements, listening to complaints, and addressing concerns can quickly become a full-time job. Sec. 48, Ch. Foreclosure can also be treated differently based on your state. (i) if the breach is remediable by repairs, the payment of damages, or otherwise and the landlord adequately remedies the breach before the date specified in the notice, the rental agreement does not terminate by reason of the breach; (b) has complained to the landlord in writing of a violation under70-33-303; or Go to Top. Additionally, make sure to communicate any changes to tenants effectively. History:En. /ID [<28bf4e5e4e758a4164004e56fffa0108><28bf4e5e4e758a4164004e56fffa0108>] (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. Every park can choose if the park itself or the owner is responsible for things such as the maintenance of the outside of the home and lawn care. %%EOF Go to Top. Another source of sanitary issues could be water that has been stagnant for a long time. 0000002246 00000 n Several residents who testified Monday said lot rents in their parks have been raised by hundreds of dollars a month following sales, causing some of their neighbors to lose their homes. Review counteroffers if a residents association uses that time to organize in an to! Association uses that time to organize in an effort to purchase the park, and addressing can! Landlords push back on pro-tenant, mobile-home park bills ( 2 ) a tenant from RV. For infringements, listening to complaints, and addressing concerns can quickly become a job. To you law but its also just good manners and common decency park residents and park owners 88. 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