Mobile home lot rent rules in Montana

Montana has a dedicated law for manufactured home lot tenancies — the Residential Mobile Home Lot Rental Act, Mont. Code Ann. Title 70, Chapter 33. It makes the tenancy month-to-month by default and requires long notice to end it without cause or to change the park's use, though it does not cap the amount of rent. The information below describes how the law generally works; anyone dealing with a specific increase should consider consulting a licensed attorney in Montana.

What the statute says

On the tenancy and rent, Mont. Code Ann. §70-33-201 provides that, unless the rental agreement says otherwise, "the tenant shall pay as rent the rental value for the use and occupancy of the lot as determined by the landlord," rent is payable monthly, and "the tenancy is from month to month." The Act sets no cap on the amount and no special rent-increase-notice period.

What the Act does require is substantial notice before a landlord ends the tenancy without fault. Under §70-33-433(1)(m), termination for "any legitimate business reason" requires "a minimum of 90 days' written notice." And a change in the use of the land (§70-33-433(1)(l) and (2)) carries a 180-day path: "at least 15 days' written notice" before the landlord seeks local permits, then "6 months' written notice of termination of tenancy."

How it works in general

A Montana lot tenancy is month-to-month unless the agreement sets a longer term, and the rent is set by the landlord (or by the rental agreement). There is no statewide cap on a rent increase and no mobile-home-specific increase-notice statute, so the rental agreement controls the rent and its timing. The Act's strongest timing protections are on the back end: a landlord who wants to end a tenancy for a legitimate business reason must give at least 90 days' notice, and a change of the land's use requires roughly six months' notice (plus advance notice before seeking permits). A waiver of any right under the Act is prohibited (§70-33-202).

Common scenarios

General examples Montana park residents commonly encounter:

• A notice raises the lot rent. There is no statewide cap; the rental agreement controls the amount and any notice (§70-33-201).
• A park ends a tenancy without fault. A "legitimate business reason" termination needs at least 90 days' written notice (§70-33-433(1)(m)).
• A park is being converted to another use. Residents get about six months' notice, plus notice before the landlord seeks permits (§70-33-433(2)).

Other authorities that may apply

The Residential Mobile Home Lot Rental Act governs the tenancy and is read together with Montana's general Residential Landlord and Tenant Act (Title 70, chapter 25) under §70-33-109. A rental agreement may not require a party to "waive or forego rights or remedies under this chapter" (§70-33-202). Local ordinances may add protections, and federal law such as the Fair Housing Act can apply to how an increase is administered.