Part 1. General Provisions
70-33-101. Short title.
70-33-102. Purpose — liberal construction.
70-33-105. Supplementary principles of law.
70-33-107. Obligation of good faith.
History: En. Sec. 7, Ch. 267, L. 2007. Go to Top
70-33-102. Purpose — liberal construction. (1) This chapter must be liberally construed and applied to promote the underlying purposes and policies of this chapter.
(2) The underlying purposes and policies of this chapter are to:
(a) simplify and clarify the law governing the rental of land to owners of mobile homes and manufactured homes and the rights and obligations of landlords and tenants concerning lot rentals; and
(b) encourage landlords and tenants to maintain and improve the quality of housing.
History: En. Sec. 8, Ch. 267, L. 2007. Go to Top
70-33-103. Definitions. Unless the context clearly requires otherwise, in this chapter, the following definitions apply:
(1) “Action” includes recoupment, counterclaim, setoff suit in equity, and any other proceeding in which rights are determined, including an action for possession.
(2) “Case of emergency” means an extraordinary occurrence beyond the tenant’s control requiring immediate action to protect the premises or the tenant. A case of emergency may include the interruption of essential services, including electricity, gas, running water, and sewer and septic system service, or life-threatening events in which the tenant or landlord has reasonable apprehension of immediate danger to the tenant or others.
(3) “Court” means the appropriate district court, justice’s court, or city court.
(4) “Good faith” means honesty in fact in the conduct of the transaction concerned.
(5) “Landlord” means:
(a) the owner, lessor, or sublessor of:
(i) space or land, including a lot, that is rented to a tenant for a mobile home; or
(ii) a mobile home park; or
(b) a manager of the premises who fails to disclose the managerial position.
(6) “Lot” means the space or land rented and not a mobile home itself.
(7) “Mobile home” has the same meaning as provided in 15-1-101 and includes manufactured homes as defined in 15-1-101.
(8) “Mobile home owner” means the owner of a mobile home entitled under a rental agreement to occupy a lot.
(9) “Mobile home park” means a trailer court as defined in 50-52-101.
(10) “Organization” includes a corporation, government, governmental subdivision or agency, business trust, estate, trust, partnership, association, two or more persons having a joint or common interest, and any other legal or commercial entity.
(11) “Person” includes an individual or organization.
(12) “Premises” means a lot and the grounds, areas, and facilities held out for the use of tenants generally or promised for the use of a tenant.
(13) “Rent” means all payments to be made to a landlord under a rental agreement.
(14) “Rental agreement” means all agreements, written or oral, and valid rules adopted under 70-33-311 embodying the terms and conditions concerning the use and occupancy of the premises.
(15) “Tenant” means a person entitled under a rental agreement to occupy a lot to the exclusion of others.
History: En. Sec. 9, Ch. 267, L. 2007. Go to Top
70-33-104. Applicability. (1) This chapter applies to landlord-tenant relationships in which the landlord is renting a lot to the tenant for placement of the tenant’s mobile home. This chapter applies to land rental in a mobile home park as well as to the rental of individual parcels of land not in a mobile home park that are for the placement of a tenant’s mobile home.
(2) Unless created to avoid the application of this chapter, the following arrangements are not governed by this chapter:
(a) occupancy under a contract of sale of a lot if the occupant is the purchaser or a person who succeeds to the purchaser’s interest;
(b) occupancy under a rental agreement covering premises used by the occupant primarily for commercial or agricultural purposes;
(c) occupancy by an employee of a landlord whose right to occupancy is conditional upon employment in and about the premises;
(d) occupancy outside a municipality under a rental agreement that includes hunting, fishing, or agricultural privileges along with the use of the lot; and
(e) any rental premises that are governed by the Montana Residential Landlord and Tenant Act of 1977, Title 70, chapter 24.
(3) The combined rental of the lot and mobile home, when the landlord owns both, are covered by the Montana Residential Landlord and Tenant Act of 1977.
History: En. Sec. 10, Ch. 267, L. 2007. Go to Top
70-33-105. Supplementary principles of law. Unless superseded by the provisions of this chapter, the principles of law and equity, including the law relating to capacity to contract, mutuality of obligations, principal and agent, real property, public health, safety and fire prevention, estoppel, fraud, misrepresentation, duress, coercion, mistake, bankruptcy, or other validating or invalidating causes, supplement the provisions of this chapter.
History: En. Sec. 11, Ch. 267, L. 2007. Go to Top
70-33-106. Notice. (1) A person has notice of a fact if:
(a) the person has actual knowledge of the fact;
(b) in the case of a landlord, the notice is delivered at the place of business of the landlord through which the rental agreement was made; or
(c) in the case of a landlord or tenant, the notice is personally delivered to the landlord or tenant or mailed with a certificate of mailing or by certified mail to the place held out by the landlord or tenant as the place for receipt of the communication or, in the absence of a designation, to the landlord’s or tenant’s last-known address. When notice is made by certificate of mailing or certified mail, the service of the notice must be considered to have been made 3 days after the date of mailing.
(2) Notice received by an organization is effective for a particular transaction from the time it is brought to the attention of the individual conducting that transaction on behalf of the organization and, in any event, from the time the notice would have been brought to the individual’s attention if the organization had exercised reasonable diligence.
History: En. Sec. 12, Ch. 267, L. 2007. Go to Top
70-33-107. Obligation of good faith. Every duty under this chapter and every act that must be performed as a condition precedent to the exercise of a right or remedy under this chapter imposes an obligation of good faith in its performance or enforcement.
History: En. Sec. 13, Ch. 267, L. 2007. Go to Top