Montana Residential Mobile Home Law Quiz
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Questions and Answers

What does 'abandon' mean in the context of the landlord-tenant relationship?

  • To sell the mobile home
  • To give up possession (correct)
  • To temporarily vacate a property
  • To transfer rental rights to another party

    • Which of the following principles of law supplement the provisions of this chapter when applicable?

  • Only contract law
  • Public health and safety laws (correct)
  • Only fraud and misrepresentation laws
  • Only property law

    • Under what condition is a notice of no contact valid?

  • When delivered personally
  • If it is acknowledged by both parties
  • If issued by a court of competent jurisdiction (correct)
  • When mailed with a certificate of mailing

    • What is the time frame after which notice mailed via certified mail is considered delivered?

    <p>3 days after the date of mailing</p> Signup and view all the answers

    What must all acts performed under this chapter adhere to?

    <p>An obligation of good faith</p> Signup and view all the answers

    What is the primary purpose of the Montana Residential Mobile Home Lot Rental Act?

    <p>To clarify the law governing the rental of land to mobile home owners</p> Signup and view all the answers

    In the context of the Montana Residential Mobile Home Lot Rental Act, which entity is defined as a 'landlord'?

    <p>A person authorized by the landowner to manage or represent the rental agreement</p> Signup and view all the answers

    Which of the following statements correctly describes 'abandonment' as defined in the Act?

    <p>It denotes the tenant giving up possession unless the landlord rejects the abandonment</p> Signup and view all the answers

    What does the term 'actual and reasonable cost' refer to according to the Act?

    <p>The true expenses and labor incurred alongside reasonable estimates for future costs</p> Signup and view all the answers

    According to the Act, which of the following is NOT included in the definition of 'premises'?

    <p>The mobile home itself</p> Signup and view all the answers

    Under what condition can a landlord deny a reasonable accommodation request for an emotional support animal?

    <p>If the animal poses a direct threat to safety or health.</p> Signup and view all the answers

    What type of information can a landlord request to support a tenant's need for an emotional support animal?

    <p>Supporting information from a health care practitioner.</p> Signup and view all the answers

    What is one requirement a tenant must comply with regarding their emotional support animal?

    <p>The tenant must meet state and local licensure and vaccination requirements.</p> Signup and view all the answers

    Which statement regarding emotional support animal registrations is accurate?

    <p>Registrations, such as cards or certificates, are not sufficient to prove the need for an emotional support animal.</p> Signup and view all the answers

    What may be a consequence for a health care practitioner who violates the regulations regarding emotional support animals?

    <p>They could face disciplinary actions from their licensing board.</p> Signup and view all the answers

    What happens if the landlord accepts rent without signing and delivering the rental agreement?

    <p>The rental agreement is considered signed and delivered by the landlord.</p> Signup and view all the answers

    What recourse does an aggrieved party have if the rental agreement is terminated without cause?

    <p>Entitled to damages up to one month's rent.</p> Signup and view all the answers

    Under what condition is a landlord relieved of liability after transferring premises?

    <p>After written notice of the conveyance to the tenant.</p> Signup and view all the answers

    Which of the following is a requirement for a tenant wanting to transfer possession of the property?

    <p>Written consent from the landlord is necessary.</p> Signup and view all the answers

    What must a landlord disclose to the tenant before the start of a tenancy?

    <p>The name and address of the person managing the premises.</p> Signup and view all the answers

    What should a tenant do if they plan to be away from the premises for more than 7 days?

    <p>Notify the landlord before leaving.</p> Signup and view all the answers

    What is one action a tenant is specifically prohibited from doing regarding the premises?

    <p>Allowing unauthorized alterations by guests.</p> Signup and view all the answers

    Which of the following activities can a tenant engage in without risk of affecting neighbor's enjoyment of the premises?

    <p>Conducting oneself in a peaceful manner.</p> Signup and view all the answers

    If a rental agreement contains a prohibited provision, what is the consequence?

    <p>The provision is unenforceable.</p> Signup and view all the answers

    What is required of an aggrieved party under the administration of remedies?

    <p>To mitigate damages and recover appropriate compensation.</p> Signup and view all the answers

    Under what circumstances can a landlord enter a tenant's lot without prior consent?

    <p>In case of an emergency</p> Signup and view all the answers

    What is required for a landlord's rule concerning tenant conduct to be enforceable?

    <p>It must be in writing and given to all tenants</p> Signup and view all the answers

    Which requirement must a landlord's rule fulfill to avoid being considered unreasonable?

    <p>It must apply uniformly to all tenants of a similar class</p> Signup and view all the answers

    What are mobile home owners allowed to do regarding their mobile home despite renting the lot?

    <p>Sell the mobile home without landlord interference</p> Signup and view all the answers

    What must a landlord do when a rule is adopted that changes a rental agreement significantly?

    <p>Delay enforcing the rule for 30 days and provide written notice</p> Signup and view all the answers

    Which of the following accurately describes how notice is considered served when sent by certified mail?

    <p>3 days after the date of mailing.</p> Signup and view all the answers

    What is a primary condition for a notice of no contact to be valid between a landlord and a tenant?

    <p>It requires a court order.</p> Signup and view all the answers

    Which of the following statements correctly reflects the obligations imposed by this chapter?

    <p>All actions performed must be done in good faith.</p> Signup and view all the answers

    What principle is applicable unless explicitly overridden by the provisions of this chapter?

    <p>General principles of law including contract law.</p> Signup and view all the answers

    In a landlord-tenant relationship, which of the following best describes a 'lot'?

    <p>The space rented for the placement of the tenant's mobile home.</p> Signup and view all the answers

    Under which circumstance may a landlord deny a reasonable accommodation request for an emotional support animal?

    <p>If the animal poses a direct threat to the safety or health of others.</p> Signup and view all the answers

    What type of documentation may a landlord request regarding a tenant's need for an emotional support animal?

    <p>Information from a reliable source in accordance with the Fair Housing Act.</p> Signup and view all the answers

    What is the main objective of the Montana Residential Mobile Home Lot Rental Act?

    <p>To provide clear regulations for renting lots to mobile home owners and protect tenants' rights.</p> Signup and view all the answers

    What is NOT required of a tenant concerning their emotional support animal?

    <p>Disclosing the severity of their disability to the landlord.</p> Signup and view all the answers

    According to the definitions provided, which of the following accurately describes 'landlord' under the Act?

    <p>Only the owner of a mobile home park and their written agents.</p> Signup and view all the answers

    What could be a consequence for a health care practitioner violating the regulations regarding emotional support animals?

    <p>They may be subject to disciplinary action from their licensing board.</p> Signup and view all the answers

    What must a tenant with an emotional support animal do in case of damage caused by the animal?

    <p>Cover the costs of any damage done to the premises or to another person.</p> Signup and view all the answers

    What does the term 'lot' refer to in the context of the Montana Residential Mobile Home Lot Rental Act?

    <p>The land space rented to a tenant for their mobile home.</p> Signup and view all the answers

    Within this context, which of the following statements best describes 'abandon'?

    <p>To give up possession of the premises without landlord consent under certain conditions.</p> Signup and view all the answers

    In what manner must the Montana Residential Mobile Home Lot Rental Act be applied according to its purpose?

    <p>Liberally, to promote its underlying purposes and policies.</p> Signup and view all the answers

    What happens if a landlord accepts rent from a tenant who has not signed and delivered the rental agreement?

    <p>The rental agreement is considered signed and delivered.</p> Signup and view all the answers

    Which of the following statements is true regarding landlord disclosure requirements?

    <p>The landlord must disclose their identity before the tenancy begins.</p> Signup and view all the answers

    Under what condition does a landlord remain liable after transferring the premises to a new owner?

    <p>If the landlord fails to notify the tenant about the transfer.</p> Signup and view all the answers

    What is the maximum duration for a rental agreement that is given effect by the acceptance of rent or possession if it states a term longer than one year?

    <p>One year.</p> Signup and view all the answers

    What must a tenant do if they wish to sublet their rental property during their tenancy?

    <p>They must obtain written consent from the landlord.</p> Signup and view all the answers

    What is the notice period for violations of a rule that creates an immediate threat to health and safety?

    <p>24 hours</p> Signup and view all the answers

    In a case of nonpayment of rent, how long is the notice period before termination of the rental agreement?

    <p>7 days</p> Signup and view all the answers

    If a tenant has two or more violations of maintaining the lot within a 6-month period, what is the notice period for the final violation?

    <p>14 days</p> Signup and view all the answers

    For the conviction of a mobile home owner or tenant related to health, safety, or welfare laws, what is the notice period for termination?

    <p>14 days</p> Signup and view all the answers

    What is the minimum notice period required for any legitimate business reason not covered in the previous definitions?

    <p>90 days</p> Signup and view all the answers

    Study Notes

    Montana Residential Mobile Home Lot Rental Act

    • This act applies to land rental for the placement of mobile homes, including those in mobile home parks and on individual parcels.
    • It aims to simplify and clarify the law governing mobile home rentals, encourage landlords and tenants to maintain housing quality, and establish a consistent regulatory standard statewide.
    • "Abandon" means giving up possession of a lot, unless the landlord doesn't accept it according to specific legal provisions or the rental agreement is terminated.
    • "Actual and reasonable cost" refers to the actual expenses and labor incurred, plus reasonable estimates of future expenses.
    • A “landlord” can be the owner of the lot/space, the mobile home park owner, or anyone authorized by the owner to act as their agent or assignee.
    • A “lot” is the space rented, not the mobile home itself.
    • A “mobile home” follows the definition in the Montana statute but includes manufactured homes.
    • A "mobile home owner" owns the mobile home and has the right to occupy a lot under a rental agreement.
    • "Premises" encompasses the lot, grounds, areas, and facilities designated for use.
    • A "rental agreement" includes both written and oral agreements, as well as valid rules adopted by the landlord.

    Applicability

    • The act applies to landlord-tenant relationships involving lot rentals for placing mobile homes.
    • It covers rental of lots both within mobile home parks and on individual parcels of land.
    • Rental agreements combining a lot and mobile home, when owned by the landlord, fall under the separate Montana Residential Landlord and Tenant Act of 1977.

    Supplementary Principles of Law

    • This chapter doesn't replace fundamental law, so principles like contract law, property law, health and safety codes, fraud, and other legal matters still apply.

    Notice

    • A person is considered notified of a fact if they:
      • Have actual knowledge of it.
      • Receive notice at the landlord's business where the rental agreement was made.
      • Have notice personally delivered or sent by certified mail to their designated address or last-known address.
    • Notice by certified mail is considered served 3 days after mailing.
    • For organizations, notice becomes effective when it reaches the person handling the transaction or would have with reasonable diligence.

    Obligation of Good Faith

    • Every duty and action required under this chapter must be carried out in good faith.

    Notice of No Contact

    • A notice of no contact between a landlord and tenant is only valid if authorized by a court order.
    • Otherwise, it's invalid unless specified by certain legal provisions.

    Security Deposit Law

    • This chapter complements Title 70, Chapter 25, regarding security deposits, and both should be considered together when analyzing landlord-tenant rights and obligations.

    Emotional Support Animals

    • Tenants with a disability that requires an emotional support animal may request it as a reasonable accommodation.
    • A landlord can deny the request only if the animal poses a direct threat to safety, health, or property damage, cannot be addressed by another reasonable accommodation.
    • If the disability isn't readily apparent, landlords can request reasonable documentation supporting the need for the emotional support animal.
      • This may include information from a qualified healthcare professional, with license details, or from other reliable sources.
    • Landlords can require proof of animal vaccinations and licenses.
    • A landlord may not demand personal details about a tenant’s disability or medical records.
    • Emotional support animal registrations (cards, patches, certificates) aren’t enough to prove a disability-related need.
    • Tenants are liable for any damage their emotional support animal causes.
    • Health care practitioners could face disciplinary action for violating this section.
    • This doesn't affect other laws on accommodation and equal access to housing.

    Rental Agreements

    • If either party terminates the rental agreement without cause, the party who is harmed can receive damages, up to 1 month's rent or the agreed amount in the rental agreement, with a cap of 1 month’s rent.
    • Landlords have to follow specific legal procedures and are entitled to rent from tenants who break the agreement until a new tenancy begins or the term expires.

    Prohibited Provisions in Rental Agreements

    • A rental agreement can't require:
      • Waiver of rights or remedies under the act.
      • Authorization for judgment confession related to the agreement.
      • Agreement to release or limit liability for the other party’s misconduct or negligence, or to compensate for related costs or attorney fees.
    • Rental agreements can't accept rent without requiring compliance with certain maintenance obligations.

    Effect of Unsigned or Undelivered Rental Agreements

    • If the landlord doesn’t sign and deliver a signed rental agreement, accepting rent without reservation validates the agreement as if signed.
    • If the tenant doesn’t sign and deliver a signed agreement, accepting possession and paying rent without reservation validates the agreement.
    • If the agreement, made valid by this section, has a term exceeding 1 year, it will only be effective for 1 year.

    Landlord's Duty to Disclose Information

    • Before a tenancy begins, landlords or their agents must provide tenants in writing with:
      • The name and address of the person managing the premises.
      • The name and address of the owner or authorized representative for service of legal documents and notices.
    • Landlords need to keep this information current.
    • Anyone else providing this information, except the landlord, becomes an agent for the purposes of legal service, notice, and fulfilling landlord obligations under the law and rental agreement.

    Landlord's Duty to Deliver Possession

    • At the beginning of the lease term, a landlord has to give the tenant possession of the premises according to the agreement.
    • Landlords can pursue legal action against anyone illegally occupying the premises.
    • If a landlord accepts rent or a deposit from a person intending to occupy, it’s considered consent for possession and creates a landlord-tenant relationship.

    Landlord's Duty to Maintain Premises

    • Landlords must:
      • Ensure the premises meet building, housing, and health code standards regarding health and safety.
      • Make repairs and keep the premises in good condition, except for tenant-maintained areas.
      • Keep common areas clean and safe.
      • Provide access to the premises for necessary repairs and maintenance.

    Landlord's Relief from Liability After Sale or Termination of Management

    • Landlords who sell the premises in a good faith sale to a bona fide purchaser are relieved of liability for events after notifying the tenant in writing.
    • They remain liable for security deposits and any prepaid rent.
    • Landlords’ agents (managers) are similarly relieved of liability after notifying tenants about the end of their duties.

    Tenant’s Rights Regarding Transfer of Premises

    • Tenants can't transfer possession or sublet the property without written consent from the landlord or their agent.
    • Buying a mobile home on the lot doesn't entitle the buyer to rent the lot without a new agreement with the landlord.
    • Mobile home owners who rent the lot have the right to sell their mobile home without interference from the landlord. The new owner must make arrangements with the landlord to become a tenant.

    Landlord-Tenant Rights and Obligations

    • A landlord must deliver possession of the premises to the tenant at the start of the rental term.
    • A landlord can file a claim for possession if a person is wrongfully occupying the premises.
    • Accepting rent or a deposit creates a landlord-tenant relationship.
    • Landlords are relieved of liability when selling the property to a bona-fide purchaser or when a manager's duties end, after notifying the tenant.
    • Mobile home owners who rent the lot have the exclusive right to sell the mobile home without interference from the landlord.
    • Purchasing a mobile home does not automatically entitle the buyer to rent the lot.

    Landlord Rules and Regulations

    • Landlords can establish rules for tenant conduct, but these must be fair, reasonable, and communicated in writing to all tenants.
    • Rules must be communicated in writing to all tenants at the time of entering the rental agreement, or when the rule is adopted.
    • Landlords can adopt rules for lot rental and common area use, but these rules must be reasonable and applied uniformly to similar tenants.
    • Common facilities must be accessible at all reasonable hours, with recreational facility hours posted.

    Resident Associations

    • Resident associations can hold meetings and elect officers if a majority of the members are present.
    • Landlords and their staff can't be members unless invited by the residents.
    • Landlords cannot interfere with or stop invited guests from attending meetings.

    Road Maintenance

    • Landlords must maintain common roads in the mobile home park in a safe condition, including arranging for snow removal when reasonable.

    Tenant Responsibilities

    • Tenants must comply with building and housing codes affecting health and safety.
    • Tenants must maintain cleanliness and safety in their occupied spaces within the premises.
    • Tenants are responsible for disposing of garbage properly and in a safe manner.
    • Tenants must use facilities and appliances in a reasonable manner.
    • Tenants must conduct themselves in a way that does not disrupt their neighbors' peaceful enjoyment of the premises.
    • Tenants must use the premises in a reasonable manner considering their intended purpose.
    • Tenants may not destroy, damage, deface, or remove any part of the premises.
    • Tenants may not engage in activities on the premises that create a reasonable risk of damage, destruction, or injury to neighboring tenants.
    • Tenants must notify the landlord of anticipated absences from the premises exceeding 7 days.

    Remedies and Dispute Resolution

    • An aggrieved party may recover damages, with a duty to mitigate damages and include reasonable charges for their labor.
    • Rights and obligations established in the chapter can be enforced by action unless otherwise specified.
    • A claim or right arising under the chapter or in a rental agreement can be settled by mutual agreement, if disputed in good faith.

    Prohibited Rental Agreement Provisions

    • Rental agreement provisions that are prohibited by law are unenforceable.
    • If a party knowingly uses prohibited provisions in a rental agreement, the other party can recover damages and up to 3 months of rent.

    Unconscionability

    • The court can refuse to enforce a rental agreement or provision if it is deemed unconscionable.
    • The court can refuse to enforce an unconscionable settlement or limit the application of an unconscionable provision.

    Landlord's Failure to Deliver Premises

    • If the landlord fails to deliver possession of the rental property, rent abates until possession is delivered.
    • The tenant may terminate the agreement with at least 5 days written notice, or demand performance of the agreement and seek possession.
    • If the failure to deliver possession is intentional and not in good faith, the tenant may recover up to 3 months of rent or treble damages, whichever is greater.

    Landlord's Failure to Maintain Premises

    • If a landlord fails to meet health and safety standards:
      • The tenant can give written notice, allowing 14 days for remedy, or terminate the agreement within 30 days if the issue isn't resolved.
      • In emergencies, if the landlord doesn't act within 3 working days after notice, the tenant can end the agreement immediately.
      • If the issue reoccurs within 6 months, the tenant can terminate the agreement with 14 days' notice.
      • The tenant can't end the agreement for issues caused by them or their family with consent.
      • The tenant can make repairs costing up to 1 month's rent and deduct the cost from rent if the landlord doesn't act promptly, or in emergencies, hire a qualified person.
      • The tenant can seek actual damages if the cost of compliance is less than 1 month's rent.
      • The tenant can seek actual damages and injunctive relief for any noncompliance with the agreement.
      • If the agreement is terminated, the landlord must return all recoverable security to the tenant.

    Landlord's Failure to Provide Essential Services

    • If the landlord fails to provide running water, electricity, gas, or other essential services:
      • The tenant can give written notice and arrange for services, deducting the cost from rent.
      • The tenant can claim damages based on reduced fair rental value.
      • The tenant can arrange substitute housing at the landlord's expense and not pay rent.
      • Tenants can't claim rights if they caused the issue.

    Fire or Casualty Damage

    • If a fire or casualty substantially impairs the enjoyment of the property, the tenant can vacate and terminate the agreement within 14 days.
    • The landlord must refund prepaid rent and return all security recoverable to the tenant.
    • If the mobile home is damaged or destroyed, the mobile home owner must remove it within 30 days.

    Rental Agreement Termination

    • If a tenant damages or destroys the premises, the landlord can terminate the rental agreement by providing a 3-day written notice specifying the violation and noncompliance.

    • If a tenant creates a reasonable potential for damage or injury, as evidenced by an arrest, the landlord can terminate the agreement by providing a 3-day written notice.

    • The landlord can recover actual damages and obtain injunctive relief for any tenant noncompliance.

    • If the tenant's noncompliance is purposeful, the landlord can recover treble damages, but not for early termination of the tenancy.

    Mobile Home Removal

    • If a mobile home is damaged or destroyed by fire, the mobile homeowner is responsible for removing the mobile home from the lot within 30 days.

    • The terms and conditions of the rental agreement remain in effect until the mobile home is removed.

    Access to Premises

    • If a tenant refuses lawful access to the premises, the landlord can issue a 24-hour notice to correct or obtain immediate injunctive relief. The landlord can recover actual damages.

    • If the tenant fails to correct the issue within 24 hours, the landlord can issue a 3-day notice to terminate the rental agreement.

    • The landlord can also issue a 24-hour notice and obtain immediate injunctive relief if a tenant removes a lock or replaces or adds a lock not supplied by the landlord, failing to provide a key.

    • If the tenant fails to correct this issue within 24 hours, they will receive a 3-day notice to terminate the rental agreement.

    Landlord's Remedies After Termination

    • If the rental agreement is terminated, the landlord can pursue possession, rent, and actual damages for any breach of the agreement.

    • The landlord must file an action for possession within 10 business days after the tenant appears, or the answer date stated in the summons. This time frame is reduced to 5 business days if the termination is due to noncompliance under 70-33-321(4) (criminal action).

    • If the action is appealed to the district court, the hearing must be held within 10 business days after the case is transmitted. This time frame is also reduced to 5 business days if the action involves 70-33-321(4) (criminal action).

    • Any hearing for damages must be held within 45 days of the claim of possession and rent being adjudicated.

    • Courts must rule on action for possession within 5 days after the hearing, and if granted, must issue a writ of possession immediately.

    Abandoned Mobile Homes

    • If a landlord reasonably believes a mobile home is abandoned, they can remove the mobile home from the premises or store it on the property after a 5-day waiting period.

    • The landlord must exercise reasonable care of the mobile home both during storage and removal and can charge reasonable storage and removal fees.

    • The landlord must:

      • Notify local law enforcement about the storage of the mobile home.
      • Make a reasonable effort to determine if the mobile home is secured or encumbered.
      • Send a notice by certified mail to the last-known address of the mobile home owner and any person or entity with an interest in the mobile home, stating that the home will be disposed of after 15 days if the owner does not respond and remove the mobile home.

    • If an owner responds within 15 days that they intend to remove the mobile home but fails to do so in 20 days, the home is conclusively presumed to be abandoned.

    • The landlord can dispose of the mobile home by selling it at a public or private sale, or by destroying or disposing of it if the home's value is too low for the cost of sale.

    • The landlord has a lien on the mobile home and proceeds from a sale for costs of removal, storage, notice, sale, or delinquent rent or damages. The sale proceeds are subject to any prior security interests.

    Grounds for Termination of Rental Agreement

    • If a tenant fails to comply with the rental agreement or a provision of 70-33-321, the landlord can issue a written notice to the tenant specifying the noncompliance with a termination date. The rental agreement terminates for specific violations with these minimum notice periods:

      • Nonpayment of rent, late charges, or common area maintenance fees: 7 days
      • Violation of a rule not affecting health and safety: 14 days
      • Violation of a rule that creates an immediate threat to health and safety: 24 hours
      • Late payment of rent three or more times within 12 months: 30 days (after written notice for each previous failure)
      • Violation of a rule that creates an immediate threat to health and safety, whether or not notice was given and the violation was remedied: 14 days
      • Two or more violations of the same rule within 6 months, for which notice was given for each prior violation: 30 days
      • Two or more violations under 70-33-321(1) within 6 months: 14 days
      • Any violation of 70-33-321(3): As provided in 70-33-422(1) (3-day notice)
      • Disorderly conduct that disrupts the peaceful enjoyment of the premises: 7 days
      • Any other non-compliance or violation not previously covered, that endangers other tenants or mobile home park personnel or the landlord or manager or causes substantial damage to the premises: 14 days
      • Conviction of the mobile home owner or a tenant of a Federal or State law affecting the health, safety or welfare of the other tenants or landlords: 14 days
      • Changes in the use of the land: 180 days
      • Any legitimate business reason not covered elsewhere: Minimum of 90 days' written notice of the termination is required.

    • If a landlord plans to change the use of the premises from mobile home lot rentals to another use, each affected mobile home owner must receive notice from the landlord as follows:

      • 15 days' written notice: The landlord will appear before a unit of local government to request permits for a change of use.
      • 6 months´ written notice: Given after permits are approved, detailing the nature of the change of use.
      • Written notice: Any prospective mobile home owner must be notified that a change in use has been approved or requested before entering a rental agreement.

    • Remediation: If the noncompliance described in subsections (1)(a) through (1)(c) can be remediated by repairs, payment of damages, or otherwise and the tenant adequately remedies the noncompliance before the termination date, the rental agreement will not terminate.

    • Notice Calculations: Only one notice for each violation per month may be counted toward the total number of notices given within a 12-month period, when calculating late payments.

    Montana Residential Mobile Home Lot Rental Act

    • The act is also known as the "Montana Residential Mobile Home Lot Rental Act."
    • The purpose of the act is to clarify the law governing the rental of mobile home lots and to establish consistent standards across the state.
    • The act aims to encourage landlords and tenants to maintain and improve the quality of housing.

    Key Definitions

    • Abandonment: Leaving a property without the landlord's acceptance of surrender or termination of the rental agreement.
    • Actual and Reasonable Cost: Actual expenses and labor incurred plus a reasonable estimate of future expenses.
    • Landlord: Includes the owner of the space or land, a mobile home park, or any authorized agent or manager.
    • Lot: The space or land rented, excluding the mobile home itself.
    • Mobile Home: Includes both mobile homes and manufactured homes as defined in state law.
    • Mobile Home Owner: The owner of a mobile home entitled to occupy a lot under a rental agreement.
    • Premises: Encompasses the lot, grounds, areas, and facilities used for the rental.
    • Rental Agreement: Covers written or oral agreements, rules adopted by the landlord, and all terms and conditions of occupancy.
    • The act applies to landlord-tenant relationships where a lot is rented for mobile home placement.
    • Rental agreements involving both the lot and mobile home are covered under the Montana Residential Landlord and Tenant Act of 1977.
    • General legal principles, including contract law, property law, and health and safety regulations, supplement this chapter.

    Notice, Good Faith, and Restrictions

    • Notice to a party is considered valid when received with actual knowledge, delivered to the landlord's business where the rental agreement was made, or delivered personally or by certified mail to the landlord or tenant's designated address.
    • A notice of no contact between a landlord and tenant is only valid if authorized by a court order.

    Emotional Support Animals

    • A tenant with a disability can request an emotional support animal as a reasonable accommodation.
    • Landlords may deny the request if the animal poses a threat to the safety or health of others, or if it poses a threat of physical damage to the property.
    • Landlords may require reliable supporting documentation and proof of vaccination and licensure for the emotional support animal.

    Rental Agreements

    • If a rental agreement is terminated without cause, the aggrieved party is entitled to damages up to one month's rent or an amount agreed upon in the agreement.
    • Rental agreements cannot include provisions that waive rights under this chapter, authorize confession of judgment, or limit liability for the other party's negligence.

    Landlord Responsibilities and Rights

    • Landlords are responsible for disclosing the name and address of the property manager and the owner.
    • Landlords must deliver possession of the premises to the tenant in accordance with the rental agreement and must maintain the premises in a habitable condition.
    • Landlords may transfer the premises or terminate management duties, relieving them from liability for events occurring after written notice to the tenant.

    Tenant Rights and Responsibilities:

    • Tenants must not transfer possession or sublet the property without the landlord's written consent.
    • The sale of a mobile home does not automatically entitle the purchaser to rent the lot.
    • The mobile home owner has the right to sell their home without interference from the landlord. However, the new purchaser must make suitable arrangements with the landlord to become a tenant.

    Landlord Responsibilities and Rights

    • Landlord must deliver possession of the property to the tenant at the start of the lease term, aligning with the rental agreement and state law.
    • Landlords can sue individuals inappropriately occupying the premises for possession.
    • Accepting rent or a deposit from a prospective tenant establishes a landlord-tenant relationship.
    • Landlords are relieved of liability when the property is sold to a bona fide purchaser or their management duties end, provided they notify the tenant.
    • Mobile home lot landlords cannot interfere with the sale of a mobile home on their lot.
    • Purchasing a mobile home does not automatically grant the right to rent the lot.

    Rules and Regulations

    • Landlords can establish rules regarding tenant conduct, but these rules must:
      • Promote occupant convenience, safety, and welfare.
      • Preserve the landlord's property from abuse.
      • Fairly distribute services and facilities.
      • Be reasonably related to the stated purpose.
      • Apply fairly to all occupants.
      • Be clear and explicit in their instructions and limitations.
      • Not be used to avoid landlord obligations.
      • Be communicated to tenants upon entering the lease agreement or upon adoption.
    • Rules must be written and provided to all current and new tenants.
    • Rules adopted after a tenant signs a lease agreement that significantly alter the agreement require 30 days' written notice for month-to-month leases.

    Landlord Access

    • Tenants cannot unreasonably deny landlords or their agents access to the premises for inspections, repairs, alterations, improvements, service provision, or property showings.
    • Landlords can access the premises without tenant consent in an emergency.
    • Landlords must give at least 24 hours' notice of intended entry, except in emergencies or when impractical, and must enter at reasonable times.
    • Landlords cannot abuse their right of access to harass tenants.

    Mobile Home Park Rules

    • Landlords can establish rules about lot rentals and use of common areas.
    • These rules must be reasonable and apply uniformly to all tenants of a similar class.
    • Common areas must be accessible at reasonable hours.
    • Recreational facility hours must be posted at the facility.

    Resident Associations

    • Resident associations can hold meetings and elect officers, with a majority of association members present.
    • All residents can attend meetings, but landlords and staff can't be members unless invited.
    • Landlords cannot stop invited guests from attending association meetings.
    • Landlords cannot prohibit resident meetings regarding:
      • Mobile home living.
      • Future park plans, including sale or change of use.

    Road Maintenance

    • Mobile home park landlords must maintain common roads in a safe condition, including ensuring reasonable snow removal for passable roads.

    Tenant Responsibilities

    • Tenants must:
      • Comply with applicable building and housing codes.
      • Keep their occupied space clean and safe.
      • Dispose of waste properly.
      • Use facilities and appliances reasonably.
      • Maintain a peaceful environment for neighbors.
      • Use premises in a manner consistent with their design and intended use.
    • Tenants can operate limited businesses or cottage industries with written landlord consent, but landlords cannot unreasonably withhold consent under reasonable rules.
    • Tenants cannot damage, deface, or remove any part of the premises.
    • Tenants cannot engage in activities with a reasonable potential for property damage or injury to neighbors, including:
      • Criminal production of dangerous drugs.
      • Operation of unlawful laboratories.
      • Gang-related activities.
      • Unlawful firearm, explosive, or hazardous substance possession.
      • Other illegal activities.

    Tenant Extended Absence

    • Rental agreements can require tenants to inform their landlord of anticipated absences longer than seven days.

    Remedy Administration and Enforcement

    • Aggrieved parties can recover appropriate damages, with a duty to mitigate those damages.
    • Parties can include reasonable labor charges in their claims.
    • Rights and obligations established in this chapter are enforceable by action unless explicitly limited.
    • Landlord and tenant rights can be assigned.
    • Rules and regulations outside this chapter must be applied and enforced fairly and uniformly.
    • Landlords or tenants can settle disputed claims or rights by mutual agreement.

    Prohibited Provisions

    • Rental agreements containing provisions prohibited by law (discussed elsewhere in the code) are unenforceable.
    • Parties knowingly including prohibited provisions can be liable for damages and up to three months' rent owed to the other party.

    Unconscionability

    • Courts can refuse to enforce rental agreement provisions deemed unconscionable to avoid unfair outcomes.
    • Unconscionable settlements can be refused or altered.
    • Unconscionability claims must be supported by evidence.
    • However, tenant responsibility for maintaining the lot and landlord responsibility for maintaining the premises cannot be deemed unconscionable.

    Landlord Failure to Deliver Premises

    • If a landlord fails to deliver possession on the agreed-upon date:
      • Rent is abated until possession is given.
      • Tenants can terminate the agreement with five days' notice, receiving a refund of prepaid rent and security.
      • Tenants can seek performance of the agreement and legal action for possession.
    • If the landlord's failure to deliver possession is intentional and not in good faith, the aggrieved party can recover up to three months' rent or treble damages.

    Landlord Failure to Maintain Premises

    • In case of landlord noncompliance affecting health and safety:
      • Tenants can send written notice of the breach, allowing a 14-day remedy period and a 30-day termination period if the issue isn't resolved.
      • In emergencies, tenants can terminate immediately if the landlord doesn't act within three working days of notice.
      • If the same issue recurs within six months, tenants can terminate with 14-day notice.
      • Tenants cannot terminate for conditions they caused.
      • Tenants can make necessary repairs costing up to one month's rent and deduct the cost from rent if the landlord doesn't act promptly, or hire a qualified person in emergencies.
      • Tenants can recover damages for noncompliance with the agreement or health and safety standards.
      • If the agreement is terminated, the landlord must return all recoverable security to the tenant.

    Landlord Failure to Provide Essential Services

    • If a landlord fails to provide essential services, such as running water, electricity, gas, or others, intentionally or negligently:
      • Tenants can notify the landlord and:
        • Procure necessary services and deduct costs from rent.
        • Claim damages based on property value reduction.
        • Obtain substitute housing and not pay rent for the duration.
      • Tenants cannot claim rights if they caused the issue.

    Fire or Casualty Damage

    • If fire or casualty damages the premises to the extent it impairs enjoyment:
      • Tenants can vacate immediately and terminate the agreement with written notice within 14 days.
      • The agreement terminates on vacating.
      • Landlords return prepaid rent and recoverable security.
    • If a mobile home is damaged to the extent that enjoyment is impaired:
      • Mobile home owners are responsible for removing the mobile home from the lot within 30 days. Exceptions apply per state law.

    Rental Agreement Termination

    • The rental agreement remains in effect until the mobile home is removed and all required cleanup is complete.
    • The landlord may terminate the rental agreement if the tenant damages the premises in violation of 70-33-321(3) after giving 3 days' written notice.
    • The landlord can terminate the rental agreement if the tenant presents a reasonable potential for property damage or injury to other tenants, evidenced by an arrest or charges for violating 70-33-321(4), after providing 3 days' written notice.

    Tenant's Rights

    • If the lot is destroyed by fire, the tenant can vacate the premises and terminate the rental agreement by notifying the landlord in writing within 14 days.
    • The landlord must reimburse any prepaid rent and security deposit.
    • The tenant is responsible for removing the mobile home from the lot within 30 days if it is damaged or destroyed by fire.

    Landlord's Remedies

    • If the tenant refuses lawful access to the premises, the landlord can issue a 24-hour notice to correct or seek immediate injunctive relief.
    • The landlord can recover actual damages and issue a 3-day notice to terminate the rental agreement if the violation persists.
    • If the tenant removes or replaces locks without providing a key, the landlord can issue a 24-hour notice to correct or obtain immediate injunctive relief.
    • The landlord has a claim for possession, rent, and actual damages if the rental agreement is terminated.

    Court Hearings

    • In an action for possession, the court must hear the case within 10 business days after the tenant's appearance or the answer date stated in the summons.
    • The timeframe is reduced to 5 business days if the termination arises from a violation of 70-33-321(4) (criminal actions).
    • If the action is appealed to the district court, the hearing must be held within 10 business days after the case is transmitted.
    • The timeframe is reduced to 5 business days if the termination arises from a violation of 70-33-321(4).
    • Any hearing for damages related to breaches of the rental agreement must be held within 45 days after the possession and rent claim is settled.
    • The court must rule on the action within 5 days after the hearing.
    • If the landlord wins the possession claim, the court issues a writ of possession immediately.

    Abandoned Mobile Homes

    • If the landlord reasonably believes a mobile home has been abandoned, they can remove it from the premises or store it.
    • The landlord must exercise reasonable care of the mobile home and charge reasonable removal and storage fees.
    • The landlord must notify local authorities of the storage, attempt to identify any liens or encumbrances on the mobile home, and send a certified letter to the mobile home owner and any parties with potential interests.
    • This letter informs them that the mobile home will be disposed of if they don't respond and remove it within 15 days.
    • The landlord can dispose of the mobile home by selling it at a public or private sale or destroying it if its value is low.
    • The landlord has a lien on the mobile home and the proceeds of any sale for removal, storage, notice, sale, or delinquent rent.

    Grounds for Termination

    • The landlord can terminate the rental agreement for noncompliance with the rental agreement or 70-33-321.
    • The landlord must provide written notice specifying the noncompliance and the termination date.
    • The notice period varies based on the reason for termination:
      • Nonpayment of rent: 7 days
      • Rule violation not affecting health and safety: 14 days
      • Rule violation creating immediate threat to health and safety: 24 hours
      • Three or more late rent payments in 12 months: 30 days (after written notice for each previous violation)
      • Rule violation creating immediate threat to health and safety (even if previously remedied): 14 days
      • Two or more violations of the same rule within 6 months: 30 days (for the final violation)
      • Two or more violations of 70-33-321(1) within 6 months: 14 days
      • Violation of 70-33-321(3): As stipulated in 70-33-422(1)
      • Disorderly conduct disrupting others' enjoyment of the premises: 7 days
      • Other noncompliance jeopardizing tenants or causing substantial damage: 14 days
      • Conviction of the mobile home owner or tenant for violation of a law detrimental to tenant or landlord welfare: 14 days
      • Changes in land use: 180 days
      • Legitimate business reasons not covered elsewhere: 90 days' written notice
    • If the landlord intends to change the use of the premises to something other than mobile home lot rentals:
      • They must give 15 days' written notice to affected mobile home owners that they will be requesting permits for the change from local government.
      • After permits are approved, the landlord must give 6 months' written notice of termination of tenancy.
      • If the change of use doesn't require permits, the landlord must provide the notice at least 6 months prior to the change.
      • Prior to entering a rental agreement during the 6-month notice period, the landlord must inform prospective tenants of the planned change in use.
    • If the noncompliance is remedial, and the tenant addresses it before the termination date, the rental agreement does not terminate.
    • For calculating the number of notices within a 12-month period, only one notice per violation per month is counted.

    Termination of Rental Agreement

    • Nonpayment of Rent: Landlord can terminate with 7 days written notice
    • Violation of Rules:
      • Not affecting health and safety: 14 days written notice
      • Immediate threat to health and safety: 24 hours written notice
      • Three or more violations of the same rule within 12 months: 30 days written notice for the final violation
    • Disorderly Conduct: 7 days written notice
    • Land Maintenance Violations: 14 days written notice for the final violation within a 6-month period
    • Conviction of Federal or State law affecting health, safety or welfare: 14 days written notice
    • Changes in land use: 180 days written notice
    • Legitimate business reasons: Minimum 90 days written notice
    • Change of Use:
      • 15 days written notice for landlord to appear before local government
      • 6 months written notice after permits approval
    • Notice Period Calculation:
      • Only one violation per month is counted when calculating notices within a 12-month period.

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    Test your knowledge of the Montana Residential Mobile Home Lot Rental Act with this quiz. Questions cover key definitions, principles of law, and conditions related to landlord-tenant relationships specific to mobile homes. Enhance your understanding of this important legislation.

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