CHAPTER 33. MONTANA RESIDENTIAL MOBILE HOME LOT RENTAL ACT – Pt. 4

Part 4. Remedies

70-33-401. Administration of remedies — enforcement — agreement.
70-33-402. Prohibited provisions — damages.
70-33-403. Unconscionability — court discretion.
70-33-404. Landlord’s failure to deliver premises — tenant’s remedies.
70-33-405. Landlord’s failure to maintain premises — tenant’s remedies.
70-33-406. Landlord’s failure to provide essential services — tenant’s remedies.
70-33-407. Fire or casualty damage — rights and obligations of tenant.
70-33-408. Unlawful or unreasonable entry by landlord — tenant’s remedies.
70-33-409. Unlawful ouster, exclusion, or diminution of services — tenant’s remedies.
70-33-410. Action for nonpayment of rent — tenant’s counterclaim.
70-33-422. Noncompliance of tenant generally — landlord’s right of termination — damages — injunction.
70-33-423. Waiver of landlord’s right to termination.
70-33-424. Refusal of access — landlord’s remedies.
70-33-425. Tenant’s failure to maintain lot — landlord’s right to enter and repair.
70-33-426. Remedies for absence or abandonment.
70-33-427. Landlord’s remedies after termination — action for possession.
70-33-428. Landlord’s recovery of possession limited.
70-33-429. Holdover remedies — consent to continued occupancy.
70-33-430. Disposition of abandoned personal property.
70-33-431. Retaliatory conduct by landlord prohibited.
70-33-432. Disposition of abandoned mobile home.
70-33-433. Grounds for termination of rental agreement.
70-33-434. Attorney fees — costs.

 

70-33-401. Administration of remedies — enforcement — agreement. (1) The remedies provided by this chapter must be administered so that an aggrieved party may recover appropriate damages. The aggrieved party has a duty to mitigate damages.
(2) A right or obligation declared by this chapter is enforceable by action unless the provision declaring it specifies a different and limited effect.
(3) Rules and regulations that are not a part of this chapter and that affect the relationship between the landlord and tenant must be uniformly and fairly applied and enforced.
(4) A claim or right arising under this chapter or on a rental agreement, if disputed in good faith, may be settled by agreement.

History: En. Sec. 29, Ch. 267, L. 2007. Go to Top

 

70-33-402. Prohibited provisions — damages. (1) A provision prohibited by 70-33-202 that is included in a rental agreement is unenforceable.
(2) If one party purposefully uses a rental agreement containing provisions known by that party to be prohibited, the other party may recover, in addition to actual damages, an amount up to 3 months’ rent.

History: En. Sec. 30, Ch. 267, L. 2007. Go to Top

 

70-33-403. Unconscionability — court discretion. (1) If the court, as a matter of law, finds that:
(a) a rental agreement or any provision of the rental agreement is unconscionable, the court, in order to avoid an unconscionable result, may refuse to enforce the agreement or may enforce the remainder of the agreement without the unconscionable provision result; or
(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.
(2) If unconscionability is put into issue by a party or by the court upon its own motion, the parties must be afforded a reasonable opportunity to present evidence as to the setting, purpose, and effect of the rental agreement or settlement to aid the court in making its determination.

History: En. Sec. 31, Ch. 267, L. 2007. Go to Top

 

70-33-404. Landlord’s failure to deliver premises — tenant’s remedies. (1) If the landlord fails to deliver possession of the lot to the tenant as provided in 70-33-302, rent abates until possession is delivered and the tenant may:
(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
(b) demand performance of the rental agreement by the landlord and, if the tenant elects, maintain an action for possession of the lot against the landlord or a person wrongfully in possession and recover the actual damages sustained by the tenant.
(2) If a person’s 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.

History: En. Sec. 32, Ch. 267, L. 2007. Go to Top

 

70-33-405. Landlord’s failure to maintain premises — tenant’s remedies. (1) Unless otherwise provided in this chapter, if there is a noncompliance with 70-33-303 affecting health and safety, the following procedures apply:
(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. If the noncompliance results in a case of emergency and the landlord fails to remedy the situation within 3 working days after written notice by the tenant of the situation and the tenant’s intention to terminate the rental agreement, the tenant may terminate the rental agreement. The rental agreement terminates as provided in the notice subject to the following exceptions:
(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;
(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;
(iii) the tenant may not terminate the rental agreement for a condition caused by the tenant, a member of the tenant’s family, or any other persons on the premises with the tenant’s consent.
(b) (i) The tenant may make repairs that do not cost more than 1 month’s rent and deduct the cost from the rent if the tenant has given the landlord notice and the landlord has not made the repairs within a reasonable time. 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.
(ii) If the landlord fails to comply with the rental agreement or 70-33-303 and the reasonable cost of compliance is less than 1 month’s rent, the tenant may recover damages for the breach under subsection (2).
(2) Unless otherwise provided in this chapter, the tenant may recover actual damages and obtain injunctive relief for any noncompliance by the landlord with the rental agreement or 70-33-303.
(3) The remedy provided in subsection (2) is in addition to a right of the tenant arising under subsection (1).
(4) If the rental agreement is terminated, the landlord shall return all security recoverable by the tenant pursuant to Title 70, chapter 25.

History: En. Sec. 33, Ch. 267, L. 2007. Go to Top

 

70-33-406. Landlord’s failure to provide essential services — tenant’s remedies. (1) If contrary to the rental agreement or 70-33-303 the 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:
(a) procure reasonable amounts of running water, electricity, gas, and other essential services during the period of the landlord’s noncompliance and deduct the actual and reasonable cost from the rent;
(b) recover damages based upon the diminution in the fair rental value of the lot; or
(c) procure reasonable substitute housing during the period of the landlord’s noncompliance, in which case the tenant is excused from paying rent for the period of the landlord’s noncompliance.
(2) A tenant proceeding under this section may not proceed under 70-33-405 for a landlord’s failure to provide essential services.
(3) The rights of a tenant under this section do not arise until the tenant has given notice to the landlord and the landlord has had a reasonable opportunity to correct the conditions.
(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 tenant’s family, or any other person on the premises with the tenant’s consent.

History: En. Sec. 34, Ch. 267, L. 2007. Go to Top

 

70-33-407. Fire or casualty damage — rights and obligations of tenant. (1) (a) If the lot or premises are damaged or destroyed by fire or casualty to an extent that enjoyment of the lot is substantially impaired, the tenant may immediately vacate the premises and notify the landlord in writing within 14 days of vacating the premises that it is the tenant’s intention to terminate the rental agreement.
(b) If the tenant complies with the provisions of subsection (1)(a), the rental agreement terminates as of the date the tenant vacates the premises.
(2) If the rental agreement is terminated pursuant to subsection (1), the landlord shall return any prepaid rent and all security recoverable pursuant to Title 70, chapter 25. Accounting or apportionment for rent in the event of termination must be made as of the date of the fire or casualty.
(3) If the tenant’s mobile home is damaged or destroyed by fire or casualty to an extent that enjoyment of the mobile home is substantially impaired and 70-33-430 does not apply, it is the obligation of the mobile home owner to remove the mobile home from the lot within 30 days of the damage or destruction.
(4) All terms and conditions of the rental agreement remain in effect until the mobile home is removed from the premises and all required cleanup is completed.

History: En. Sec. 35, Ch. 267, L. 2007. Go to Top

 

70-33-408. Unlawful or unreasonable entry by landlord — tenant’s remedies. 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. In either case the tenant may recover actual damages.

History: En. Sec. 36, Ch. 267, L. 2007. Go to Top

 

70-33-409. Unlawful ouster, exclusion, or diminution of services — tenant’s remedies. (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.
(2) If the rental agreement is terminated, the landlord shall return all security recoverable pursuant to Title 70, chapter 25, and any prepaid rent.

History: En. Sec. 37, Ch. 267, L. 2007. Go to Top

 

70-33-410. Action for nonpayment of rent — tenant’s counterclaim. (1) (a) In an action for possession based upon nonpayment of the rent or in an action for rent when the tenant is in possession, the tenant may counterclaim for any amount recoverable under the rental agreement or this chapter.
(b) (i) The court may order the tenant to pay into court all or part of the rent accrued and afterwards accruing, and the court shall determine the amount due to each party.
(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.
(iii) The court may at any time release money paid into the court to any party if the parties agree or if the court finds a party is entitled to the money.
(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.
(2) In an action for rent when the tenant is not in possession, the tenant may counterclaim as provided in subsection (1) but may not be required to pay any rent into court.

History: En. Sec. 38, Ch. 267, L. 2007. Go to Top

 

70-33-422. Noncompliance of tenant generally — landlord’s right of termination — damages — injunction. (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).
(2) If the tenant creates a reasonable potential that the premises may be damaged or destroyed or that neighboring tenants may be injured, as evidenced by the tenant being arrested or charged with an act that violates the provisions of 70-33-321(4), the landlord may terminate the rental agreement upon giving 3 days’ written notice specifying the violation and noncompliance under the provisions of 70-33-321(4).
(3) Except as otherwise provided in this chapter, the landlord may recover actual damages and obtain injunctive relief for any noncompliance by the tenant with the rental agreement or 70-33-321. Except as provided in subsection (4) of this section, if the tenant’s noncompliance is purposeful, the landlord may recover treble damages.
(4) Treble damages may not be recovered for the tenant’s early termination of the tenancy.

History: En. Sec. 39, Ch. 267, L. 2007. Go to Top

 

70-33-423. Waiver of landlord’s right to termination. (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.
(2) Acceptance of full payment of rent due when a claimed breach is something other than the nonpayment of rent does not constitute a waiver of any right.
(3) The acceptance of partial payment of rent due does not constitute a waiver of any right.

History: En. Sec. 40, Ch. 267, L. 2007. Go to Top

 

70-33-424. Refusal of access — landlord’s remedies. (1) If the tenant refuses to allow lawful access, the landlord may either obtain injunctive relief to compel access or terminate the rental agreement. In either case, the landlord may recover actual damages.
(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 by 70-33-312(5), the landlord may either obtain injunctive relief or terminate the rental agreement.

History: En. Sec. 41, Ch. 267, L. 2007. Go to Top

 

70-33-425. Tenant’s failure to maintain lot — landlord’s right to enter and repair. If there is noncompliance by the tenant with 70-33-321 affecting health and safety that can be remedied by repair, replacement of a damaged item, or cleaning and the tenant fails to comply as promptly as conditions require in case of emergency or within 14 days after written notice by the landlord specifying the breach and requesting that the tenant remedy the breach within that period of time, the landlord may enter the lot and cause the work to be done in a competent manner and submit an itemized bill for the actual and reasonable cost, the fair and reasonable cost, or the fair and reasonable value of the work as rent on the next date rent is due or, if the rental agreement has terminated, for immediate payment.

History: En. Sec. 42, Ch. 267, L. 2007. Go to Top

 

70-33-426. Remedies for absence or abandonment. (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 in 70-33-322, and the tenant fails to do so, the landlord may recover actual damages from the tenant.
(b) During an absence of the tenant in excess of 7 days, the landlord may enter the lot when reasonably necessary.
(2) (a) If the tenant abandons the lot, the landlord shall make reasonable efforts to rent the lot at a fair rental. 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.
(b) If the landlord fails to use reasonable efforts to rent the lot at a fair rental or if the landlord accepts the abandonment as a surrender, the rental agreement is terminated by the landlord as of the date the landlord has notice of the abandonment.
(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.

History: En. Sec. 43, Ch. 267, L. 2007. Go to Top

 

70-33-427. Landlord’s remedies after termination — action for possession. (1) If the rental agreement is terminated, the landlord has a claim for possession and for rent and a separate claim for actual damages for any breach of the rental agreement.
(2) (a) An action filed pursuant to subsection (1) in a court must be heard within 20 days after the tenant’s appearance or the answer date stated in the summons, except that if the rental agreement is terminated because of noncompliance under 70-33-321(4), the action must be heard within 5 business days after the tenant’s appearance or the answer date stated in the summons.
(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 under 70-33-321(4), the hearing must be held within 5 business days after the case is transmitted to the district court.
(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.
(4) In a landlord’s action for possession filed pursuant to subsection (1), the court shall rule on the action within 5 days after the hearing.

History: En. Sec. 44, Ch. 267, L. 2007. Go to Top

 

70-33-428. Landlord’s recovery of possession limited. Except in the case of abandonment or surrender or as permitted in this chapter, a landlord may not recover or take possession of the lot by action or otherwise, including purposeful diminution of services to the tenant by interrupting or causing the interruption of running water, electricity, gas, or other essential services.

History: En. Sec. 45, Ch. 267, L. 2007. Go to Top

 

70-33-429. Holdover remedies — consent to continued occupancy. (1) If the tenant remains in possession without the landlord’s consent after expiration of the term of the rental agreement or other termination of the rental agreement, the landlord may bring an action for possession. If the tenant’s 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.
(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.
(3) If the landlord consents to the tenant’s continued occupancy, 70-33-201(2)(e) applies.

History: En. Sec. 46, Ch. 267, L. 2007. Go to Top

 

70-33-430. Disposition of abandoned personal property. (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.
(2) The landlord shall inventory and store all personal property of the tenant in a place of safekeeping and shall exercise reasonable care for the property. 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. 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.
(3) After complying with subsections (1) and (2), the landlord shall:
(a) make a reasonable attempt to notify the tenant in writing that the property must be removed from the place of safekeeping;
(b) notify the local law enforcement office of the property held by the landlord;
(c) make a reasonable effort to determine if the property is secured or otherwise encumbered; and
(d) send a notice by certified mail to the last-known address of the tenant and each known party having a lien or encumbrance of record, stating that at a specified time, not less than 15 days after mailing the notice, the property will be disposed of if not removed.
(4) The landlord may dispose of the property after complying with subsection (3) by:
(a) selling all or part of the property at a public or private sale; or
(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.
(5) (a) If the tenant, upon receipt of the notice provided in subsection (3), responds in writing to the landlord on or before the day specified in the notice that the tenant intends to remove the property and does not do so within 7 days after delivery of the tenant’s response, the tenant’s property is conclusively presumed to be abandoned.
(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. Reasonable storage costs are allowed to a landlord who stores the property, and actual storage costs are allowed to a landlord who stores the property in a commercial storage company. A landlord is entitled to payment of the storage costs allowed under this subsection before the tenant may remove the property.
(6) The landlord is not responsible for any loss to the tenant resulting from storage unless the loss is caused by the landlord’s purposeful or negligent act, in which case the landlord is liable for actual damages.
(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. The landlord shall remit to the tenant the remaining proceeds, if any, together with an itemized accounting.
(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.

History: En. Sec. 47, Ch. 267, L. 2007. Go to Top

 

70-33-431. Retaliatory conduct by landlord prohibited. (1) Except as provided in this section, a landlord may not retaliate by increasing rent, by decreasing services, or by bringing or threatening to bring an action for possession after the tenant:
(a) has complained of a violation applicable to the premises materially affecting health and safety to a governmental agency charged with responsibility for enforcement of a building or housing code;
(b) has complained to the landlord in writing of a violation under 70-33-303; or
(c) has organized or become a member of a tenant’s union, mobile home park resident association, or similar organization.
(2) If the landlord acts in violation of subsection (1) of this section, the tenant is entitled to the remedies provided in 70-33-409 and has a defense in any retaliatory action against the tenant for possession.
(3) In an action by or against the tenant, evidence of a complaint within 6 months before the alleged act of retaliation creates a rebuttable presumption that the landlord’s conduct was in retaliation. The presumption does not arise if the tenant made the complaint after notice of a proposed rent increase or diminution of services. For purposes of this subsection, “rebuttable presumption” means that the trier of fact is required to find the existence of the fact presumed unless evidence is introduced that would support a finding of its nonexistence.
(4) Subsections (1) through (3) do not prevent a landlord from bringing an action for possession if:
(a) the violation of the applicable building or housing code was caused primarily by lack of reasonable care by the tenant, a member of the tenant’s family, or any other persons on the premises with the tenant’s consent;
(b) the tenant is in default in rent; or
(c) compliance with the applicable building or housing code requires alteration, remodeling, or demolition that would effectively deprive the tenant of use of the lot.
(5) The maintenance of an action under subsection (4) of this section does not release the landlord from liability under 70-33-404(2).

History: En. Sec. 48, Ch. 267, L. 2007. Go to Top

 

70-33-432. Disposition of abandoned mobile home. (1) If a tenancy terminates, if the landlord reasonably believes that the tenant has abandoned a mobile home occupying a mobile home lot, and if at least 5 days have elapsed since the occurrence of events upon which the landlord has formed the belief that the mobile home has been abandoned, the landlord may remove the mobile home from the premises or keep the mobile home stored on the premises.
(2) If the landlord does not keep the mobile home stored on the premises, the landlord shall store the mobile home in a place of safekeeping and in either case shall exercise reasonable care for the mobile home. The landlord may charge the mobile home owner reasonable removal and storage charges.
(3) Regardless of where the landlord stores the mobile home, the landlord shall:
(a) notify the local law enforcement office of the storage;
(b) make a reasonable effort to determine if the mobile home is secured or otherwise encumbered; and
(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.
(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 owner’s response, the mobile home may be conclusively presumed to be abandoned. A landlord is entitled to payment of the removal and storage costs allowed under subsection (2) before the owner may remove the mobile home.
(5) The landlord may dispose of the mobile home after complying with subsection (3) by:
(a) selling the mobile home at a public or private sale; or
(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. Disposal may include having the mobile home removed to an appropriate disposal site.
(6) A public or private sale authorized by this section must be conducted under the provisions of 30-9A-610 or the sheriff’s sale provisions of Title 25, chapter 13, part 7.
(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. The sale proceeds are subject to any prior security interest of record. A writing or recording is not necessary to create the lien provided for in this section. In the case of a sheriff’s 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. After satisfaction of the lien, the landlord shall remit to the mobile home owner the remaining proceeds, if any. If the owner cannot after due diligence be found, the remaining proceeds must be deposited in the general fund of the county in which the sale occurred and, if not claimed within 3 years, are forfeited to the county.

History: En. Sec. 49, Ch. 267, L. 2007. Go to Top

 

70-33-433. Grounds for termination of rental agreement. (1) If there is a noncompliance by the tenant with the rental agreement or with a provision of 70-33-321, the landlord may deliver a written notice to the tenant pursuant to 70-33-106 specifying the acts or omissions constituting the noncompliance and stating that the rental agreement will terminate upon the date specified in the notice that may not be less than the minimum number of days after receipt of the notice provided for in this section. The rental agreement terminates as provided in the notice for one or more of the following reasons and subject to the following conditions:
(a) nonpayment of rent, late charges, or common area maintenance fees as established in the rental agreement, for which the notice period is 7 days;
(b) a violation of a rule other than provided for in subsection (1)(a) that does not create an immediate threat to the health and safety of any other tenant or the landlord or manager, for which the notice period is 14 days;
(c) a violation of a rule that creates an immediate threat to the health and safety of any other tenant or the landlord or manager, for which the notice period is 24 hours;
(d) late payment of rent, late charges, or common area maintenance fees, as established in the rental agreement, three or more times within a 12-month period if written notice is given by the landlord after each failure to pay, as required by subsection (1)(a), for which the notice period for termination for the final late payment is 30 days;
(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;
(f) two or more violations within a 12-month period of the same rule for which notice has been given for each prior violation, as provided in subsection (1)(a), (1)(b), or (1)(c), for which the notice period for the final violation is 30 days;
(g) two or more violations of 70-33-321(1) within a 12-month period, for which the notice period for the final violation is 14 days;
(h) any violation of 70-33-321(3), for which the notice period is as provided in 70-33-422(1);
(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;
(j) any other noncompliance or violation not covered by subsections (1)(a) through (1)(i) that endangers other tenants or mobile home park personnel or the landlord or manager or causes substantial damage to the premises, for which the notice period is 14 days;
(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 landlord’s documentation of a violation of the provisions of Title 45, chapter 9, for which the notice period is 14 days;
(l) changes in the use of the land if the requirements of subsection (2) are met, for which the notice period is 180 days;
(m) any legitimate business reason not covered elsewhere in this subsection (1) if the landlord meets the following requirements:
(i) the termination does not violate a provision of this section or any other state statute; and
(ii) the landlord has given the mobile home owner or tenant of the mobile home owner a minimum of 90 days’ written notice of the termination.
(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:
(a) The landlord shall give the mobile home owner and a tenant of the mobile home owner at least 15 days’ written notice that the landlord will be appearing before a unit of local government to request permits for a change of use of the premises.
(b) After all required permits requesting a change of use have been approved by the unit of local government, the landlord shall give the mobile home owner and a tenant of the mobile home owner 6 months’ written notice of termination of tenancy. 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. In the notice the landlord shall disclose and describe in detail the nature of the change of use.
(c) Prior to entering a rental agreement during the 6-month notice period referred to in subsection (2)(b), the landlord shall give each prospective mobile home owner and any tenant of the mobile home owner whose identity and address have been provided to the landlord written notice that the landlord is requesting a change in use before a unit of local government or that a change in use has been approved.
(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.
(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.

History: En. Sec. 50, Ch. 267, L. 2007. Go to Top

 

70-33-434. Attorney fees — costs. In an action on a rental agreement or arising under this chapter, reasonable attorney fees, together with costs and necessary disbursements, may be awarded to the prevailing party notwithstanding an agreement to the contrary.

History: En. Sec. 51, Ch. 267, L. 2007. Go to Top

adminCHAPTER 33. MONTANA RESIDENTIAL MOBILE HOME LOT RENTAL ACT – Pt. 4