70-33-103. Definitions
70-33-103. Definitions. Unless the context clearly requires otherwise, in this chapter, the following definitions apply: (1) ”Abandon” means to give up possession of the premises unless the landlord does not accept abandonment or surrender as provided in 70-33-426 or unless the rental agreement has been terminated as provided by law. (2) ”Action” includes recoupment, counterclaim, setoff suit in […]
70-33-104. Applicability
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 […]
70-33-105. Supplementary principles of law
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 Unless superseded by the provisions of this chapter, the principles of law and equity, including the law relating to capacity to contract, mutuality of obligations, principal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 […]
70-33-106. Notice
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 […]
70-33-107. Obligation of good faith
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.
70-33-108. Notice of no contact
70-33-108. Notice of no contact. (1) Except as provided in 45-5-209, a notice of no contact to a landlord for the benefit of a tenant or to a tenant for the benefit of a landlord may only be authorized pursuant to an order of no contact issued by a court of competent jurisdiction if the person […]
70-33-109. Application of security deposit laws
70-33-109. Application of security deposit laws. The provisions of this chapter are cohesive with the provisions of Title 70, chapter 25, and the two chapters must be read in conjunction when considering, with regards to the Montana Residential Mobile Home Lot Rental Act, the rights and duties of landlords and tenants, and the availability of remedies […]
70-33-201. Rental agreements
70-33-201. Rental agreements. (1) A landlord and a tenant may include in a rental agreement terms and conditions not prohibited by this chapter or other rule or law. (2) Unless the rental agreement provides otherwise: (a) the tenant shall pay as rent the rental value for the use and occupancy of the lot as determined by the landlord; […]
70-33-202. Prohibited provisions in rental agreements
70-33-202. Prohibited provisions in rental agreements. (1) A rental agreement may not require a party to: (a) waive or forego rights or remedies under this chapter; (b) authorize any person to confess judgment on a claim arising out of the rental agreement; or (c) agree to the exculpation or limitation of liability resulting from the other party’s purposeful misconduct […]
70-33-101. Short title
70-33-101. Short title. This chapter may be cited as “The Montana Residential Mobile Home Lot Rental Act”. History: En. Sec. 7, Ch. 267, L. 2007.