Mobile Home FAQ
by: Montana Legal Services Association (MLSA)
Montana Residential Mobile Home Lot Rental Act
MCA sec. 70-33-101 et seq.
This Lot Rental Act was drafted in 2007 by a statewide group of mobile home park owners, realtors, and tenant advocates. This group thought that the Montana Residential Landlord and Tenant Act of 1977, MCA sec. 70-24-101 et seq. (MRLTA) was too confusing for rental agreements where the tenant/homeowner owned her own mobile home, and was only renting the lot from the landlord.
Some of the sections in the MRLTA applied to those kinds of tenancies, and some MRLTA sections specifically stated that they did not apply. This group wanted to remove from the MRLTA all of the laws that applied to lot-rental tenancies and put them in their own Act, one that only applied to rentals of lots for mobile homes. That way, the landlords and the homeowner/tenants would only have to look at one Act to find the laws that applied to them.
Substantive changes in the new Act
There is only one real substantive change from the MRLTA in the new Lot Rental Act. Now, the Lot Rental Act covers not only mobile home park owners, but also land owners who only rent out one piece of land to a tenant/homeowner for placement of her mobile home. No other substantive changes were intended by this group.
Frequently asked questions about Lot Rental Act
1. When did the Lot Rental Act take effect?
Oct. 1, 2007. After that date, all lot-only rental agreements are covered by the Lot Rental Act instead of the MRLTA.
2. What types of tenancies are covered by the Lot Rental Act?
Only those where tenant/homeowner owns her own mobile home or manufactured home and is only renting the lot. If the tenant is renting both the mobile home or manufactured home and the lot, the MRLTA applies, not the Lot Rental Act. (see MCA sec. 70-33-104(3))
3. What about someone who lives in her RV or camping trailer?
Sec. 70-33-103(7) of the Lot Rental Act refers to sec. 15-1-101 for the definition of "mobile home." It says:
"The term, "mobile home," means forms of housing known as, "trailers," "housetrailers," or "trailer coaches," exceeding 8 feet in width or 45 feet in length, designed to be moved from one place to another by an independent power connected to them, or any trailer, housetrailer, or trailer coach up to 8 feet in width or 45 feet in length used as a principal residence."
So, if someone is living in her camping trailer or RV, no matter how small it is, and is renting a lot, that tenancy is covered by the Lot Rental Act, not the MRLTA.
4. What are the grounds for termination, and the number of days' notice required?
See the chart below, or refer to MCA sec. 70-33-433.
5. Do tenants get the chance to "cure" a violation?
Generally, yes. If the noncompliance can be fixed by repairs, the payment of money, or otherwise, and the tenant adequately remedies the noncompliance before the date specified in the notice, the rental agreement does not terminate. See MCA sec. 70-33-433 (3).
Section 70-33-433, MCA
|
Reason for Termination |
Notice Period |
|
Non-payment of rent |
7 days to pay |
|
Late payments 3 or more times within 12 months |
30 days |
|
Violation of park rule: immediate threat to health and safety |
14 days |
|
2 or more violations of same park rule within 12 months |
30 days |
|
2 or more violations for failing to maintain lot within 12 months |
14 days |
|
2 or more incidents of damaging or removing part of the premises within 12 months |
14 days |
|
Causing damage or removing part of the premises |
3 days (70-33-422) |
|
Tenant being arrested or charged with criminal production of drugs, operation of a drug lab, or gang-related activity |
3 days (70-33-422) |
|
Tenant's disorderly conduct/disrupting peaceful enjoyment of others |
30 days |
|
Any other noncompliance or violation not specified by law that endangers other residents or personnel |
14 days |
|
Conviction of mobile owner or tenant of mobile owner of a violation of federal or state law or local ordinance affecting health and safety |
14 days |
|
Landlord changes use of land 180 days Landlord has legitimate business reason |
90 days |
|
