Navigating Mobile Home Park Evictions Under the Montana Mobile Home Park Act
In Montana, mobile home lot evictions follow completely different rules than standard apartment leases. Landlords must follow the Montana Residential Mobile Home Lot Rental Act, which requires specific notice periods, such as a 6-month (180-day) notice for a change in land use, before filing an eviction in Justice Court.
Understanding the Montana Mobile Home Park Act
Mobile homes are a unique form of housing in Montana. Often, the tenant owns the mobile home but rents the dirt underneath it from a park owner. Because moving a mobile home is incredibly expensive and sometimes physically impossible, the law provides extra protections for lot tenants. If you are a park owner looking to remove a tenant, or a tenant facing removal in Billings, Missoula, or Great Falls, you cannot rely on standard apartment eviction rules. The Montana Residential Mobile Home Lot Rental Act (Mont. Code Ann. § 70-33-101) governs these interactions. We strongly suggest finding an experienced local lawyer in our directory to help handle these complex situations.
Step-by-Step Process in Montana
Navigating a mobile home lot eviction requires strict adherence to specific timelines. A simple mistake in a notice can result in the judge tossing out your case.
Evicting for Lot Rent Defaults
When a tenant fails to pay lot rent, a landlord cannot simply lock the gate. Under Mont. Code Ann. § 70-33-433, the landlord must provide a written notice of nonpayment and give the tenant a specific cure period (7 days for mobile home lot rent, compared to the shorter 3-day notice for standard apartments). If the tenant does not pay within the 7-day window, the landlord can then file for an eviction in a local court, such as the Yellowstone County Justice Court, Billings or the Cascade County Justice Court, Great Falls.
Rules for Evicting Disruptive Mobile Home Tenants
If a tenant is violating park rules-such as creating excessive noise, accumulating trash, or harboring unauthorized pets-the landlord must issue a written notice detailing the breach. The tenant generally has 14 days to fix the issue. If the same rule is broken again within six months, the landlord can issue a 30-day notice to terminate the rental agreement without giving a second chance to cure. Evicting someone for behavioral issues requires thorough documentation, logbooks, and preferably police reports if the behavior was dangerous.
6-Month Notices for Change of Land Use
Sometimes a park owner wants to close the mobile home park to build a new development or change the zoning. Because tenants need to physically relocate a house, Montana law demands significant warning. Under Mont. Code Ann. § 70-33-433(2), a landlord must provide a minimum of 6 months' (180 days) written notice to terminate the rental agreement due to a change of use of the land, which must also be preceded by a 15-day notice if applying for local government permits. Rushing this process violates state law and will delay the development project.
Tenant Rights to Sell the Mobile Home On-Site
A common source of conflict occurs when a tenant decides to move and wants to sell their mobile home while it remains on the park lot. Landlords cannot unreasonably restrict a tenant's right to sell their home to a new buyer. However, the landlord does retain the right to screen and approve the new buyer as a tenant according to standard park rules. If a landlord unlawfully blocks a sale, they can be held liable for damages.
Why Standard Residential Eviction Forms Fail
Using a standard residential 3-day pay-or-quit notice for a mobile home lot tenant is a fatal legal error. Mobile home evictions require forms specifically tailored to lot rentals. When proceeding to court, you must ensure you are filing the correct documents, such as a Form unnumbered, Montana, Justice Court, Complaint for Possession within the official Action for Possession Packet. Using the wrong form is the fastest way to have your case dismissed, costing you time and legal fees.
How Much Does it Cost in Montana?
Filing an eviction involves court fees and usually attorney costs. Here is a breakdown of what you might expect to spend.
| Justice Court Filing Fee | Generally $50 |
| Process Server Fee | $50 to $75 per tenant |
| Attorney Fees | $250 to $400 per hour |
| Writ of Assistance (Sheriff) | $50 to $100 for enforcement |
How Long Does the Process Take?
Evicting a mobile home tenant in Montana is much slower than a standard apartment eviction. If evicting for non-payment, you must wait 7 days just for the notice period to expire. Once the lawsuit is filed, obtaining a court date can take another 2 to 4 weeks. If the judge rules in your favor, the tenant may still be granted extra time to arrange for the complex logistics of moving the physical mobile home. From start to finish, the process easily takes 2 to 4 months.
Frequently Asked Questions (FAQ)
Can a landlord raise mobile home lot rent at any time?
No. Under Montana law, a landlord must typically provide at least a 30-day written notice before increasing the lot rent for month-to-month leases.
What happens if the mobile home is too old to move?
If the home cannot physically be relocated, the tenant might be forced to sell it for salvage or sign over the title to the landlord. The tenant remains responsible for the lot rent until the home is removed or ownership is legally transferred.
Can a landlord turn off my water if I owe rent?
Absolutely not. Shutting off essential utilities to force a tenant out is an illegal self-help eviction and can result in severe financial penalties against the landlord.
Where are mobile home eviction cases heard?
Eviction lawsuits, known as Actions for Possession, are generally heard in the local Justice Court or City Court where the mobile home park is located.
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