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    BruceL's Avatar
    BruceL Posts: 5, Reputation: 1
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    #1

    Aug 30, 2010, 12:45 PM
    My landlord is trying have me evicted from a amobile home park under no cause
    I believe she is doing this in retaliation over an argument we had about my daughter and son in law staying in a motorhome out in front of my lot
    smoothy's Avatar
    smoothy Posts: 25,490, Reputation: 2853
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    #2

    Aug 30, 2010, 01:06 PM

    Do you have a lease or is it month to month.

    Month to month they don't NEED to show cause. If you violated the lease by having them parked and living in a mobile home on your rented lot and not paying rent to the property owner... that MIGHT be a violation of the lease, rules or covenents and would be cause on their part IF it is and they could consider a breach of the lease and proceed to file to evict you.

    What state is this... laws vary by locale.
    BruceL's Avatar
    BruceL Posts: 5, Reputation: 1
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    #3

    Aug 30, 2010, 01:36 PM
    The state is Montana
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #4

    Aug 30, 2010, 01:36 PM

    As noted, if you do not have a lease, then either of you can terminate the tenancy at any time with sufficient notice.

    So what has happened at this point?
    BruceL's Avatar
    BruceL Posts: 5, Reputation: 1
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    #5

    Aug 30, 2010, 01:41 PM
    My understanding of the laws about mobilehome park if you are the owner of the mobile home the land lord cannot evict without just cause
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #6

    Aug 30, 2010, 01:54 PM
    Quote Originally Posted by BruceL View Post
    my understanding of the laws about mobilehome park if you are the owner of the mobile home the land lord cannot evict without just cause
    Where did you get this understanding? And again, what has happened to this point? What notices have you received?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #7

    Aug 30, 2010, 06:03 PM

    1. sounds like cause to me, additional people living on property

    2. on month to month rental do not need cause merely notice.

    So while you don't feel they have cause, from what little you have written most of the experts here see proper cause to start with.

    Next sorry but not sure where mobile home law came in, but in rental law normally there is no cause needed on month to month rentals
    BruceL's Avatar
    BruceL Posts: 5, Reputation: 1
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    #8

    Aug 31, 2010, 02:08 AM
    Quote Originally Posted by ScottGem View Post
    Where did you get this understanding? And again, what has happened to this point? What notices have you received?
    The info I got can off a legal site where it states that and I have gotten a notice to vacate
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    ScottGem Posts: 64,966, Reputation: 6056
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    #9

    Aug 31, 2010, 03:19 AM

    Please provide a link to that site so we can verify it. I was able to confirm that mobile home parks follow different rules, but wasn't able to find what those rules are.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #10

    Aug 31, 2010, 06:36 AM
    Quote Originally Posted by BruceL View Post
    the state is Montana
    CHAPTER 33. MONTANA RESIDENTIAL MOBILE HOME LOT RENTAL ACT
    Table of Contents, TITLE 70, CHAPTER 33, MCA

    Quote Originally Posted by BruceL View Post
    my understanding of the laws about mobilehome park if you are the owner of the mobile home the land lord cannot evict without just cause
    70-33-433. Grounds for termination of rental agreement.
    http://data.opi.mt.gov/bills/mca/70/33/70-33-433.htm
    BruceL's Avatar
    BruceL Posts: 5, Reputation: 1
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    #11

    Aug 31, 2010, 05:28 PM
    Quote Originally Posted by AK lawyer View Post
    CHAPTER 33. MONTANA RESIDENTIAL MOBILE HOME LOT RENTAL ACT
    Table of Contents, TITLE 70, CHAPTER 33, MCA



    70-33-433. Grounds for termination of rental agreement.
    70-33-433. Grounds for termination of rental agreement.
    Thanks for the useful info this will help when I go to court on this
    smoothy's Avatar
    smoothy Posts: 25,490, Reputation: 2853
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    #12

    Aug 31, 2010, 05:38 PM
    Quote Originally Posted by BruceL View Post
    thanks for the useful info this will help when i go to court on this
    Be careful... they can use that against you as well for the squaters in the mobile home living on your lot and not paying utilities, rent etc.

    Did you check your papers to see if that was prohibited.

    Visitors are one thing... setting up a second house on a single trailer lot effectively is another.

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