Mobile home park fees in Montana

Montana's Residential Mobile Home Lot Rental Act does not create a long list of fee caps, but it bars payment-type surcharges, voids lease terms that strip a tenant's rights, and folds in the state's general security-deposit law. The information below describes how the law generally works; anyone disputing a specific charge should consider consulting a licensed attorney in Montana.

What the statute says

On rent and fees, Mont. Code Ann. §70-33-201(4) provides that "a landlord may not charge an additional fee based on rent payment type except to recoup an electronic bank fee incurred for electronic payment." The Act defines "rent" broadly to include "rent, late fees, or other charges as agreed on in the rental agreement, except money paid as a security deposit" (§70-33-103).

The security deposit is governed by the general law: §70-33-109 makes the Act "cohesive with the provisions of Title 70, chapter 25," so Montana's general Residential Landlord and Tenant Act security-deposit rules apply to a lot tenancy. And §70-33-202 voids one-sided lease terms — a rental agreement may not require a party to "waive or forego rights or remedies under this chapter," to confess judgment, or to "agree to the exculpation or limitation of liability resulting from the other party's purposeful misconduct or negligence."

How it works in general

In Montana, the charges in a mobile home lot tenancy come mainly from the rental agreement, which the Act regulates rather than capping every fee. A park cannot add a surcharge based on how the resident pays (beyond passing through an actual electronic bank fee), and any late fee or other charge must be set in the agreement. The security deposit follows Montana's general deposit law (Title 70, chapter 25), which governs the amount, handling, and return. Importantly, a lease can't take away a right the Act gives the resident — such terms are unenforceable.

Common scenarios

General examples Montana park residents commonly encounter:

• A park adds a surcharge for paying by card or check. That is barred except to recoup an actual electronic bank fee (§70-33-201(4)).
• A deposit dispute arises. Montana's general security-deposit law (Title 70, chapter 25) applies through §70-33-109.
• A lease tries to waive a tenant's statutory rights. Such a provision is prohibited and unenforceable (§70-33-202).

Other authorities that may apply

The Residential Mobile Home Lot Rental Act and the general Residential Landlord and Tenant Act (Title 70, chapter 25) are read together (§70-33-109), so the deposit and several remedies come from the general law. The written rental agreement supplies the specific charges, which can't waive statutory rights. Federal law can apply in particular situations.