reglab/housing_qa huggingface dataset:
MT Code § 70-32-216 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 32. Homesteads|Part 2. Homestead Exemption -- Execution|70-32-216. Tracing homestead proceeds

  70-32-216. Tracing homestead proceeds. (1) If property or a part of property that could have been claimed as an exempt homestead has been sold or taken by condemnation, as provided in Title 60, chapter 4, or Title 70, chapter 30, or has been lost, damaged, or destroyed and the owner has been indemnified for the property, the owner is entitled for 18 months to exemption of the proceeds that are traceable.   (2) Proceeds are traceable under this section by application of the principles of first-in first-out, last-in first-out, or any other reasonable basis for tracing selected by the judgment debtor.   History: En. Sec. 6, Ch. 302, L. 1987; amd. Sec. 87, Ch. 125, L. 2001.
MT Code § 70-32-217 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 32. Homesteads|Part 2. Homestead Exemption -- Execution|70-32-217. through 70-32-220 reserved

  70-32-217 through 70-32-220 reserved.
MT Code § 70-32-221 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 32. Homesteads|Part 2. Homestead Exemption -- Execution|70-32-221. Repealed

  70-32-221. Repealed. Sec. 5, Ch. 30, L. 2001.   History: En. Sec. 1, Ch. 590, L. 1987; amd. Sec. 2, Ch. 294, L. 1991.
MT Code § 70-32-301 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 32. Homesteads|Part 3. Conveyance, Encumbrance, and Abandonment of Homestead|70-32-301. How conveyed or encumbered -- instrument

  70-32-301. How conveyed or encumbered -- instrument. The homestead of a married person cannot be conveyed or encumbered unless the instrument by which it is conveyed or encumbered is executed and acknowledged by both husband and wife.   History: En. Sec. 1675, Civ. C. 1895; re-en. Sec. 4699, Rev. C. 1907; re-en. Sec. 6950, R.C.M. 1921; Cal. Civ. C. Sec. 1242; re-en. Sec. 6950, R.C.M. 1935; R.C.M. 1947, 33-106.
MT Code § 70-32-302 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 32. Homesteads|Part 3. Conveyance, Encumbrance, and Abandonment of Homestead|70-32-302. How abandoned -- declaration

  70-32-302. How abandoned -- declaration. A homestead can be abandoned only by a declaration of abandonment or a grant thereof executed and acknowledged by:   (1) the husband and wife if the claimant is married;   (2) the claimant if unmarried.   History: En. Sec. 1676, Civ. C. 1895; re-en. Sec. 4700, Rev. C. 1907; re-en. Sec. 6951, R.C.M. 1921; Cal. Civ. C. Sec. 1243; re-en. Sec. 6951, R.C.M. 1935; R.C.M. 1947, 33-107.
MT Code § 70-32-303 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 32. Homesteads|Part 3. Conveyance, Encumbrance, and Abandonment of Homestead|70-32-303. When declaration effective

  70-32-303. When declaration effective. A declaration of abandonment is effectual only from the time it is filed in the office in which the homestead was recorded.   History: En. Sec. 1677, Civ. C. 1895; re-en. Sec. 4701, Rev. C. 1907; re-en. Sec. 6952, R.C.M. 1921; Cal. Civ. C. Sec. 1244; re-en. Sec. 6952, R.C.M. 1935; R.C.M. 1947, 33-108.
MT Code § 70-33-101 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 33. Montana Residential Mobile Home Lot Rental Act|Part 1. General Provisions|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.
MT Code § 70-33-102 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 33. Montana Residential Mobile Home Lot Rental Act|Part 1. General Provisions|70-33-102. Purpose -- liberal construction

  70-33-102. Purpose -- liberal construction. (1) This chapter must be liberally construed and applied to promote the underlying purposes and policies of this chapter.   (2) The underlying purposes and policies of this chapter are to:   (a) simplify and clarify the law governing the rental of land to owners of mobile homes and manufactured homes and the rights and obligations of landlords and tenants concerning lot rentals; and   (b) encourage landlords and tenants to maintain and improve the quality of housing.   History: En. Sec. 8, Ch. 267, L. 2007.
MT Code § 70-33-104 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 33. Montana Residential Mobile Home Lot Rental Act|Part 1. General Provisions|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 are for the placement of a tenant's mobile home.   (2) Unless created to avoid the application of this chapter, the following arrangements are not governed by this chapter:   (a) occupancy under a contract of sale of a lot if the occupant is the purchaser or a person who succeeds to the purchaser's interest;   (b) occupancy under a rental agreement covering premises used by the occupant primarily for commercial or agricultural purposes;   (c) occupancy by an employee of a landlord whose right to occupancy is conditional upon employment in and about the premises;   (d) occupancy outside a municipality under a rental agreement that includes hunting, fishing, or agricultural privileges along with the use of the lot; and   (e) any rental premises that are governed by the Montana Residential Landlord and Tenant Act of 1977, Title 70, chapter 24.   (3) The combined rental of the lot and mobile home, when the landlord owns both, are covered by the Montana Residential Landlord and Tenant Act of 1977.   History: En. Sec. 10, Ch. 267, L. 2007.
MT Code § 70-33-105 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 33. Montana Residential Mobile Home Lot Rental Act|Part 1. General Provisions|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 provisions of this chapter.   History: En. Sec. 11, Ch. 267, L. 2007.
MT Code § 70-33-106 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 33. Montana Residential Mobile Home Lot Rental Act|Part 1. General Provisions|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 personally delivered to the landlord or tenant or mailed with a certificate of mailing or by certified mail to the place held out by the landlord or tenant as the place for receipt of the communication or, in the absence of a designation, to the landlord's or tenant's last-known address. When notice is made by certificate of mailing or certified mail, the service of the notice must be considered to have been made 3 days after the date of mailing.   (2) Notice received by an organization is effective for a particular transaction from the time it is brought to the attention of the individual conducting that transaction on behalf of the organization and, in any event, from the time the notice would have been brought to the individual's attention if the organization had exercised reasonable diligence.   History: En. Sec. 12, Ch. 267, L. 2007.
MT Code § 70-33-107 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 33. Montana Residential Mobile Home Lot Rental Act|Part 1. General Provisions|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.
MT Code § 70-33-108 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 33. Montana Residential Mobile Home Lot Rental Act|Part 1. General Provisions|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 receiving the notice of no contact is acting in accordance with the provisions of Title 70, chapter 24, 25, or 33.   (2) Except as provided by 45-5-209 or this section, or if issued pursuant to an order of protection issued by a court of competent jurisdiction, a notice of no contact to a landlord for the benefit of a tenant or to a tenant for the benefit of a landlord is invalid.   History: En. Sec. 1, Ch. 297, L. 2015.
MT Code § 70-33-109 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 33. Montana Residential Mobile Home Lot Rental Act|Part 1. General Provisions|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 and judicial relief to landlords and tenants.  History: En. Sec. 2, Ch. 235, L. 2021.
MT Code § 70-33-201 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 33. Montana Residential Mobile Home Lot Rental Act|Part 2. Rental Agreements|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;   (b) rent is payable at the landlord's address or using electronic funds transfer to an account designated for the payment of rent by the landlord;   (c) periodic rent is payable at the beginning of a term that is a month or less and otherwise in equal monthly installments at the beginning of each month;   (d) rent is uniformly apportionable from day to day;   (e) the tenancy is from month to month; and   (f) if either party terminates the rental agreement without cause prior to the expiration date of the lease term, the aggrieved party is entitled to monetary damages up to 1 month's rent or an amount that is agreed on in the rental agreement, which may not exceed 1 month's rent. Landlords shall follow 70-33-426(2) and are entitled to rent from defaulting tenants up to the date a new tenancy starts or the date the rental agreement term expires.   (3) Rent is payable without demand or notice at the time and place agreed upon by the parties or as provided by subsection (2).   History: En. Sec. 14, Ch. 267, L. 2007; amd. Sec. 3, Ch. 155, L. 2017; amd. Sec. 11, Ch. 536, L. 2021.
MT Code § 70-33-202 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 33. Montana Residential Mobile Home Lot Rental Act|Part 2. Rental Agreements|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 or negligence or to indemnify the other party for that liability or related costs or attorney fees.   (2) A rental agreement or a related document may not permit the receipt of rent free of the obligation to comply with the provisions of 70-33-303.   History: En. Sec. 15, Ch. 267, L. 2007.
MT Code § 70-33-203 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 33. Montana Residential Mobile Home Lot Rental Act|Part 2. Rental Agreements|70-33-203. Effect of unsigned or undelivered rental agreement

  70-33-203. Effect of unsigned or undelivered rental agreement. (1) If the landlord does not sign and deliver a written rental agreement that has already been signed by the tenant and delivered to the landlord, acceptance of rent without reservation by the landlord gives the rental agreement the same effect as if it had been signed and delivered by the landlord to the tenant.   (2) If the tenant does not sign and deliver to the landlord a written rental agreement that has already been signed by the landlord and delivered to the tenant, acceptance of possession of the premises and payment of rent without reservation by the tenant gives the rental agreement the same effect as if it had been signed and delivered by the tenant to the landlord.   (3) If a rental agreement given effect by the operation of this section provides for a term longer than 1 year, it is effective for only 1 year.   History: En. Sec. 16, Ch. 267, L. 2007; amd. Sec. 2, Ch. 220, L. 2017.
MT Code § 70-33-301 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 33. Montana Residential Mobile Home Lot Rental Act|Part 3. Rights and Duties of Parties|70-33-301. Duty to disclose name of person responsible

  70-33-301. Duty to disclose name of person responsible. (1) A landlord or a person authorized to enter into a rental agreement on a landlord's behalf shall disclose to the tenant in writing at or before the commencement of the tenancy the name and address of:   (a) the person authorized to manage the premises; and   (b) the owner of the premises or a person authorized to act for the owner for the purpose of service of process and receiving notices and demands.   (2) The information required to be furnished by this section must be kept current and in writing, and this section is enforceable against any successor landlord, owner, or manager.   (3) A person, other than the landlord, who fails to comply with subsection (1) becomes an agent of each person who is a landlord for the purpose of:   (a) service of process and receiving notices and demands; and   (b) performing the obligations of the landlord under this chapter and under the rental agreement and for expending or making available for the purpose of performing those obligations all rent collected from the premises.   History: En. Sec. 17, Ch. 267, L. 2007.
MT Code § 70-33-302 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 33. Montana Residential Mobile Home Lot Rental Act|Part 3. Rights and Duties of Parties|70-33-302. Landlord to deliver possession of premises

  70-33-302. Landlord to deliver possession of premises. (1) At the commencement of the rental term, a landlord shall deliver possession of the premises to the tenant in compliance with the rental agreement and 70-33-303. A landlord may bring an action for possession against a person wrongfully in possession.   (2) If a landlord accepts rent or a deposit from a person intending to occupy the premises, the landlord is considered to have given consent for the person to take possession of the property and to have created a landlord-tenant relationship.   History: En. Sec. 18, Ch. 267, L. 2007.
MT Code § 70-33-303 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 33. Montana Residential Mobile Home Lot Rental Act|Part 3. Rights and Duties of Parties|70-33-303. Landlord to maintain premises -- agreement that tenant perform duties

  70-33-303. Landlord to maintain premises -- agreement that tenant perform duties. (1) A landlord shall:  (a) comply with the requirements of applicable building, housing, and health department codes materially affecting health and safety at the time of original construction;   (b) make repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition except when it is the tenant's responsibility to maintain the dwelling unit pursuant to 70-33-321;   (c) keep all common areas of the premises in a clean and safe condition;   (d) for the premises, maintain in good and safe working order and condition all electrical, plumbing, sanitary, heating, ventilating, air-conditioning, and other facilities and appliances, including elevators, supplied or required to be supplied by the landlord;   (e) unless otherwise provided in a rental agreement, provide and maintain appropriate receptacles and conveniences for the removal of ashes, garbage, rubbish, and other waste incidental to the occupancy of the lot and arrange for their removal; and   (f) supply running water at all times unless the lot is not required by law to be equipped for that purpose or the running water is generated by an installation within the exclusive control of the tenant.   (2) If the duty imposed by subsection (1)(a) is greater than a duty imposed by subsections (1)(b) through (1)(f), a landlord's duty must be determined by reference to subsection (1)(a).   (3) A landlord and tenant may agree in writing that the tenant is to perform the landlord's duties specified in subsections (1)(e) and (1)(f) but only if the agreement is entered into in good faith and not for the purpose of evading the obligations of the landlord.   (4) A landlord and tenant may agree that the tenant is to perform specified repairs, maintenance tasks, alterations, or remodeling only if:   (a) the agreement of the parties is entered into in good faith and not for the purpose of evading the obligations of the landlord and is set forth in a separate writing signed by the parties and supported by adequate consideration;   (b) the work is not necessary to cure noncompliance with subsection (1)(a); and   (c) the agreement does not diminish the obligation of the landlord to other tenants.   History: En. Sec. 19, Ch. 267, L. 2007; amd. Sec. 12, Ch. 536, L. 2021.
MT Code § 70-33-304 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 33. Montana Residential Mobile Home Lot Rental Act|Part 3. Rights and Duties of Parties|70-33-304. Transfer of premises or termination of management -- relief from liability

  70-33-304. Transfer of premises or termination of management -- relief from liability. (1) Unless otherwise agreed, a landlord who conveys premises subject to a rental agreement in a good faith sale to a bona fide purchaser is relieved of liability under the rental agreement and this chapter as to events occurring after written notice to the tenant of the conveyance. The landlord remains liable to the tenant for all security recoverable by the tenant pursuant to Title 70, chapter 25, and all prepaid rent.   (2) Unless otherwise agreed, a manager of premises subject to a rental agreement is relieved of liability under the rental agreement and this chapter as to events occurring after written notice to the tenant of the termination of the manager's management duties.   History: En. Sec. 20, Ch. 267, L. 2007.
MT Code § 70-33-305 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 33. Montana Residential Mobile Home Lot Rental Act|Part 3. Rights and Duties of Parties|70-33-305. Transfer of premises by tenant

  70-33-305. Transfer of premises by tenant. (1) A tenant who vacates a lot during the term of a tenancy may not allow the possession of the property to be transferred to a third person or sublet the property unless the landlord or the landlord's agent has consented in writing.   (2) The sale or rental of a mobile home located upon a lot does not entitle the purchaser or renter to retain rental of the lot unless the purchaser or renter enters into a rental agreement with the owner of the lot.   (3) A mobile home owner who owns the mobile home but rents the lot has the exclusive right to sell the mobile home without interference or conditions by the landlord. The new purchaser shall make suitable arrangements with the landlord in order to become a tenant on the mobile home lot. The purchase of the mobile home does not automatically entitle the purchaser to rent the mobile home lot.   History: En. Sec. 21, Ch. 267, L. 2007.
MT Code § 70-33-306 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 33. Montana Residential Mobile Home Lot Rental Act|Part 3. Rights and Duties of Parties|70-33-306. through 70-33-310 reserved

  70-33-306 through 70-33-310 reserved.
MT Code § 70-33-311 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 33. Montana Residential Mobile Home Lot Rental Act|Part 3. Rights and Duties of Parties|70-33-311. Landlord authorized to adopt rules

  70-33-311. Landlord authorized to adopt rules. (1) A landlord may adopt a rule concerning the tenant's use and occupancy of the premises. A rule is enforceable against the tenant only if:   (a) its purpose is to promote the convenience, safety, or welfare of the occupants in the premises, preserve the landlord's property from abusive use, or make a fair distribution of services and facilities held out for the tenants generally;   (b) it is reasonably related to the purpose for which it is adopted;   (c) it applies to all occupants in the premises in a fair manner;   (d) it is sufficiently explicit in its prohibition, direction, or limitation of the tenant's conduct to fairly inform the tenant of what the tenant shall or may not do to comply;   (e) it is not for the purpose of evading the obligations of the landlord; and   (f) the tenant has notice of the rule at the time that the tenant enters into the rental agreement or when the rule is adopted.   (2) A rule adopted by a landlord must be in writing and must be given to each tenant residing on the premises and to each new tenant upon arrival.   (3) If a rule is adopted after a tenant enters into a rental agreement that involves a substantial modification of the rental agreement, it is not valid until after 30 days' written notice in the case of month-to-month tenancies.   History: En. Sec. 22, Ch. 267, L. 2007.
MT Code § 70-33-312 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 33. Montana Residential Mobile Home Lot Rental Act|Part 3. Rights and Duties of Parties|70-33-312. Access to premises by landlord

  70-33-312. Access to premises by landlord. (1) A tenant may not unreasonably withhold consent to the landlord or the landlord's agent to enter the lot in order to inspect the premises, make necessary or agreed repairs, alterations, or improvements, supply necessary or agreed services, or exhibit the lot to prospective or actual purchasers, mortgagees, tenants, workers, or contractors.  (2) A landlord may enter the lot without consent of the tenant in case of emergency.   (3) (a) A landlord may not abuse the right of access or use it to harass the tenant. Except in case of emergency or unless it is impracticable to do so, the landlord shall give the tenant at least 24 hours' notice of the intent to enter and may enter only at reasonable times.   (b) For the purposes of this subsection (3), in addition to the provisions of 70-33-106, a tenant has notice of the intent to enter if the landlord conspicuously posts the landlord's intent to enter on the main entry door of the dwelling unit.   (4) A landlord has no other right of access except:   (a) pursuant to a court order;   (b) as permitted by 70-33-425 and 70-33-426(1)(b); or   (c) when the tenant has abandoned or surrendered the premises.   (5) A tenant may not remove a lock or replace or add a lock not supplied by the landlord to the premises without the written permission of the landlord. If a tenant removes a lock or replaces or adds a lock not supplied by the landlord to the premises, the tenant shall provide the landlord with a key to ensure that the landlord will have the right of access as provided by this chapter.   History: En. Sec. 23, Ch. 267, L. 2007; amd. Sec. 13, Ch. 536, L. 2021.