reglab/housing_qa huggingface dataset:
MT Code § 70-33-426 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 33. Montana Residential Mobile Home Lot Rental Act|Part 4. Remedies|70-33-426. Remedies for absence or abandonment

  70-33-426. Remedies for absence or abandonment. (1) (a) If the rental agreement requires the tenant to give notice to the landlord of an anticipated extended absence in excess of 7 days, as provided for in 70-33-322, and the tenant fails to do so, the landlord may recover actual damages from the tenant.   (b) During an absence of the tenant in excess of 7 days, the landlord may enter the lot when reasonably necessary.   (2) (a) If the tenant abandons the lot, the landlord shall make reasonable efforts to rent the lot at a fair rental. If the landlord rents the lot for a term beginning before the expiration of the rental agreement, the rental agreement terminates as of the date of the new tenancy.   (b) If the landlord fails to use reasonable efforts to rent the lot at a fair rental or if the landlord accepts the abandonment as a surrender, the rental agreement is terminated by the landlord as of the date the landlord has notice of the abandonment.   (c) If the tenancy is from month to month or week to week, the term of the rental agreement for the purposes of this subsection (2) is a month or a week, as appropriate.   History: En. Sec. 43, Ch. 267, L. 2007.
MT Code § 70-33-427 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 33. Montana Residential Mobile Home Lot Rental Act|Part 4. Remedies|70-33-427. Landlord's remedies after termination -- action for possession

  70-33-427. Landlord's remedies after termination -- action for possession. (1) If the rental agreement is terminated, the landlord has a claim for possession and for rent and a separate claim for actual damages for any breach of the rental agreement.   (2) (a) An action filed pursuant to subsection (1) in a court must be heard within 20 days after the tenant's appearance or the answer date stated in the summons, except that if the rental agreement is terminated because of noncompliance under 70-33-321(4), the action must be heard within 5 business days after the tenant's appearance or the answer date stated in the summons.   (b) If the action is appealed to the district court, the hearing must be held within 20 days after the case is transmitted to the district court, except that if the rental agreement is terminated because of noncompliance under 70-33-321(4), the hearing must be held within 5 business days after the case is transmitted to the district court.   (3) The landlord and tenant may stipulate to a continuance of the hearing beyond the time limit in subsection (2) without the necessity of an undertaking.   (4) In a landlord's action for possession filed pursuant to subsection (1), the court shall rule on the action within 5 days after the hearing. If a landlord's claim for possession is granted, the court shall issue a writ of possession.   History: En. Sec. 44, Ch. 267, L. 2007; amd. Sec. 4, Ch. 454, L. 2015.
MT Code § 70-33-428 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 33. Montana Residential Mobile Home Lot Rental Act|Part 4. Remedies|70-33-428. Landlord's recovery of possession limited

  70-33-428. Landlord's recovery of possession limited. Except in the case of abandonment or surrender or as permitted in this chapter, a landlord may not recover or take possession of the lot by action or otherwise, including purposeful diminution of services to the tenant by interrupting or causing the interruption of running water, electricity, gas, or other essential services.   History: En. Sec. 45, Ch. 267, L. 2007.
MT Code § 70-33-429 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 33. Montana Residential Mobile Home Lot Rental Act|Part 4. Remedies|70-33-429. Holdover remedies -- consent to continued occupancy

  70-33-429. Holdover remedies -- consent to continued occupancy. (1) If the tenant remains in possession without the landlord's consent after expiration of the term of the rental agreement or other termination of the rental agreement, the landlord may bring an action for possession. If the tenant's holdover is purposeful and not in good faith, the landlord may recover an amount of not more than 3 months' rent or treble damages, whichever is greater.   (2) In an action for possession or unlawful holdover, the provisions of Title 25, chapter 23, apply, except that the time for filing an answer under Rule 4C(2)(b) is 10 days after service of summons and complaint, exclusive of the date of service.   (3) If the landlord consents to the tenant's continued occupancy, 70-33-201(2)(e) applies.   History: En. Sec. 46, Ch. 267, L. 2007.
MT Code § 70-33-431 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 33. Montana Residential Mobile Home Lot Rental Act|Part 4. Remedies|70-33-431. Retaliatory conduct by landlord prohibited

  70-33-431. Retaliatory conduct by landlord prohibited. (1) Except as provided in this section, a landlord may not retaliate by increasing rent, by decreasing services, or by bringing or threatening to bring an action for possession after the tenant:   (a) has complained of a violation applicable to the premises materially affecting health and safety to a governmental agency charged with responsibility for enforcement of a building or housing code;   (b) has complained to the landlord in writing of a violation under 70-33-303; or   (c) has organized or become a member of a tenant's union, mobile home park resident association, or similar organization.   (2) If the landlord acts in violation of subsection (1) of this section, the tenant is entitled to the remedies provided in 70-33-409 and has a defense in any retaliatory action against the tenant for possession.   (3) In an action by or against the tenant, evidence of a complaint within 6 months before the alleged act of retaliation creates a rebuttable presumption that the landlord's conduct was in retaliation. The presumption does not arise if the tenant made the complaint after notice of a proposed rent increase or diminution of services. For purposes of this subsection, "rebuttable presumption" means that the trier of fact is required to find the existence of the fact presumed unless evidence is introduced that would support a finding of its nonexistence.   (4) Subsections (1) through (3) do not prevent a landlord from bringing an action for possession if:   (a) the violation of the applicable building or housing code was caused primarily by lack of reasonable care by the tenant, a member of the tenant's family, or any other persons on the premises with the tenant's consent;   (b) the tenant is in default in rent; or   (c) compliance with the applicable building or housing code requires alteration, remodeling, or demolition that would effectively deprive the tenant of use of the lot.   (5) The maintenance of an action under subsection (4) of this section does not release the landlord from liability under 70-33-404(2).   History: En. Sec. 48, Ch. 267, L. 2007.
MT Code § 70-33-434 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 33. Montana Residential Mobile Home Lot Rental Act|Part 4. Remedies|70-33-434. Attorney fees -- costs

  70-33-434. Attorney fees -- costs. In an action on a rental agreement or arising under this chapter, reasonable attorney fees, together with costs and necessary disbursements, may be awarded to the prevailing party notwithstanding an agreement to the contrary.   History: En. Sec. 51, Ch. 267, L. 2007.
MT Code § 71-1-101 (2021)
2021 Montana Code Annotated|Title 71. Mortgages, Pledges, and Liens|Chapter 1. Mortgages|Part 1. General Provisions|71-1-101. Definition

  71-1-101. Definition. "Mortgage" is a contract by which specific property is hypothecated for the performance of an act, without the necessity of a change of possession.   History: En. Sec. 3810, Civ. C. 1895; re-en. Sec. 5731, Rev. C. 1907; re-en. Sec. 8246, R.C.M. 1921; Cal. Civ. C. Sec. 2920; Field Civ. C. Sec. 1608; re-en. Sec. 8246, R.C.M. 1935; R.C.M. 1947, 52-101.
MT Code § 71-1-102 (2021)
2021 Montana Code Annotated|Title 71. Mortgages, Pledges, and Liens|Chapter 1. Mortgages|Part 1. General Provisions|71-1-102. Power of attorney to execute

  71-1-102. Power of attorney to execute. A power of attorney to execute a mortgage must be in writing, subscribed, acknowledged or proved, certified, and recorded in like manner as powers of attorney for grants of real property.   History: En. Sec. 3822, Civ. C. 1895; re-en. Sec. 5743, Rev. C. 1907; re-en. Sec. 8258, R.C.M. 1921; Cal. Civ. C. Sec. 2933; re-en. Sec. 8258, R.C.M. 1935; R.C.M. 1947, 52-113.
MT Code § 71-1-103 (2021)
2021 Montana Code Annotated|Title 71. Mortgages, Pledges, and Liens|Chapter 1. Mortgages|Part 1. General Provisions|71-1-103. Mortgage a special lien -- on what a lien

  71-1-103. Mortgage a special lien -- on what a lien. (1) The lien of a mortgage is special, unless otherwise expressly agreed, and is independent of possession.   (2) A mortgage is a lien upon everything that would pass by a grant of the property.   History: (1)En. Sec. 3812, Civ. C. 1895; re-en. Sec. 5733, Rev. C. 1907; re-en. Sec. 8248, R.C.M. 1921; Cal. Civ. C. Sec. 2923; Field Civ. C. Sec. 1609; re-en. Sec. 8248, R.C.M. 1935; Sec. 52-103, R.C.M. 1947; (2)En. Sec. 3815, Civ. C. 1895; re-en. Sec. 5736, Rev. C. 1907; re-en. Sec. 8251, R.C.M. 1921; Cal. Civ. C. Sec. 2926; Based on Field Civ. C. Sec. 1617; re-en. Sec. 8251, R.C.M. 1935; Sec. 52-106, R.C.M. 1947; R.C.M. 1947, 52-103, 52-106.
MT Code § 71-1-104 (2021)
2021 Montana Code Annotated|Title 71. Mortgages, Pledges, and Liens|Chapter 1. Mortgages|Part 1. General Provisions|71-1-104. Mortgage not a personal obligation

  71-1-104. Mortgage not a personal obligation. A mortgage does not bind the mortgagor personally to perform the act for the performance of which it is a security unless there is an express covenant therein to that effect.   History: En. Sec. 3817, Civ. C. 1895; re-en. Sec. 5738, Rev. C. 1907; re-en. Sec. 8253, R.C.M. 1921; Cal. Civ. C. Sec. 2928; re-en. Sec. 8253, R.C.M. 1935; R.C.M. 1947, 52-108.
MT Code § 71-1-105 (2021)
2021 Montana Code Annotated|Title 71. Mortgages, Pledges, and Liens|Chapter 1. Mortgages|Part 1. General Provisions|71-1-105. Mortgagee not entitled to possession

  71-1-105. Mortgagee not entitled to possession. A mortgage does not entitle the mortgagee to the possession of the property unless authorized by the express terms of the mortgage, but after the execution of the mortgage, the mortgagor may agree to such change of possession without a new consideration.   History: En. Sec. 3816, Civ. C. 1895; re-en. Sec. 5737, Rev. C. 1907; re-en. Sec. 8252, R.C.M. 1921; Cal. Civ. C. Sec. 2927; Based on Field Civ. C. Sec. 1620; re-en. Sec. 8252, R.C.M. 1935; R.C.M. 1947, 52-107.
MT Code § 71-1-106 (2021)
2021 Montana Code Annotated|Title 71. Mortgages, Pledges, and Liens|Chapter 1. Mortgages|Part 1. General Provisions|71-1-106. Waste prohibited

  71-1-106. Waste prohibited. No person whose interest is subject to the lien of a mortgage may do any act which will substantially impair the mortgagee's security.   History: En. Sec. 3818, Civ. C. 1895; re-en. Sec. 5739, Rev. C. 1907; re-en. Sec. 8254, R.C.M. 1921; Cal. Civ. C. Sec. 2929; re-en. Sec. 8254, R.C.M. 1935; R.C.M. 1947, 52-109.
MT Code § 71-1-107 (2021)
2021 Montana Code Annotated|Title 71. Mortgages, Pledges, and Liens|Chapter 1. Mortgages|Part 1. General Provisions|71-1-107. Transfers of interest

  71-1-107. Transfers of interest. (1) Every transfer of an interest in property, other than in trust, made only as a security for the performance of another act is to be deemed a mortgage, except when in the case of personal property it is accompanied by actual change of possession, in which case it is deemed a pledge.   (2) The fact that a transfer was made subject to defeasance on a condition may, for the purpose of showing such transfer to be a mortgage, be proved (except as against a subsequent purchaser or encumbrancer for value and without notice), though the fact does not appear by the terms of the instrument.   History: (1)En. Sec. 3813, Civ. C. 1895; re-en. Sec. 5734, Rev. C. 1907; re-en. Sec. 8249, R.C.M. 1921; Cal. Civ. C. Sec. 2924; Based on Field Civ. C. Sec. 1610; re-en. Sec. 8249, R.C.M. 1935; Sec. 52-104, R.C.M. 1947; (2)En. Sec. 3814, Civ. C. 1895; re-en. Sec. 5735, Rev. C. 1907; re-en. Sec. 8250, R.C.M. 1921; Cal. Civ. C. Sec. 2925; Field Civ. C. Sec. 1612; re-en. Sec. 8250, R.C.M. 1935; Sec. 52-105, R.C.M. 1947; R.C.M. 1947, 52-104, 52-105.
MT Code § 71-1-108 (2021)
2021 Montana Code Annotated|Title 71. Mortgages, Pledges, and Liens|Chapter 1. Mortgages|Part 1. General Provisions|71-1-108. Subsequently acquired title

  71-1-108. Subsequently acquired title. Title acquired by the mortgagor subsequent to the execution of the mortgage inures to the mortgagee as security for the debt in like manner as if acquired before the execution.   History: En. Sec. 3819, Civ. C. 1895; re-en. Sec. 5740, Rev. C. 1907; re-en. Sec. 8255, R.C.M. 1921; Cal. Civ. C. Sec. 2930; re-en. Sec. 8255, R.C.M. 1935; R.C.M. 1947, 52-110.
MT Code § 71-1-109 (2021)
2021 Montana Code Annotated|Title 71. Mortgages, Pledges, and Liens|Chapter 1. Mortgages|Part 1. General Provisions|71-1-109. Mortgage of property adversely held

  71-1-109. Mortgage of property adversely held. A mortgage may be created upon property held adversely to the mortgagor.   History: En. Sec. 3811, Civ. C. 1895; re-en. Sec. 5732, Rev. C. 1907; re-en. Sec. 8247, R.C.M. 1921; Cal. Civ. C. Sec. 2921; Field Civ. C. Sec. 1614; re-en. Sec. 8247, R.C.M. 1935; R.C.M. 1947, 52-102.
MT Code § 71-1-110 (2021)
2021 Montana Code Annotated|Title 71. Mortgages, Pledges, and Liens|Chapter 1. Mortgages|Part 1. General Provisions|71-1-110. Passage of mortgage by assignment of debt

  71-1-110. Passage of mortgage by assignment of debt. The assignment of a debt secured by mortgage carries with it the security.   History: En. Sec. 3825, Civ. C. 1895; re-en. Sec. 5746, Rev. C. 1907; re-en. Sec. 8261, R.C.M. 1921; Cal. Civ. C. Sec. 2936; re-en. Sec. 8261, R.C.M. 1935; R.C.M. 1947, 52-115.
MT Code § 71-1-111 (2021)
2021 Montana Code Annotated|Title 71. Mortgages, Pledges, and Liens|Chapter 1. Mortgages|Part 1. General Provisions|71-1-111. Power of sale

  71-1-111. Power of sale. A power of sale may be conferred by a mortgage upon the mortgagee or any other person, to be exercised after a breach of the obligation for which the mortgage is a security.   History: En. Sec. 3821, Civ. C. 1895; re-en. Sec. 5742, Rev. C. 1907; re-en. Sec. 8257, R.C.M. 1921; Cal. Civ. C. Sec. 2932; Field Civ. C. Sec. 1615; re-en. Sec. 8257, R.C.M. 1935; R.C.M. 1947, 52-112.
MT Code § 71-1-112 (2021)
2021 Montana Code Annotated|Title 71. Mortgages, Pledges, and Liens|Chapter 1. Mortgages|Part 1. General Provisions|71-1-112. Applicable laws

  71-1-112. Applicable laws. (1) In the event of conflict between any provision of this part and the Uniform Commercial Code, the latter shall govern.   (2) All mortgages and deeds of trust covering both real and personal property executed by a corporation, association, or partnership or by an individual or individuals are governed by the law relating to mortgages or deeds of trust of real property so far as the real property is concerned and by the Uniform Commercial Code--Secured Transactions so far as the personal property is concerned.   History: (1)En. 52-117 by Sec. 11-133, Ch. 264, L. 1963; Sec. 52-117, R.C.M. 1947; (2)En. Sec. 3849, Civ. C. 1895; re-en. Sec. 5756, Rev. C. 1907; amd. Sec. 1, Ch. 72, L. 1921; amd. Sec. 1, Ch. 39, L. 1927; amd. Sec. 1, Ch. 11, L. 1931; re-en. Sec. 8273, R.C.M. 1935; amd. Sec. 11-134, Ch. 264, L. 1963; Sec. 52-212, R.C.M. 1947; R.C.M. 1947, 52-117, 52-212.
MT Code § 71-1-113 (2021)
2021 Montana Code Annotated|Title 71. Mortgages, Pledges, and Liens|Chapter 1. Mortgages|Part 1. General Provisions|71-1-113. Limit on the amount of funds on reserve

  71-1-113. Limit on the amount of funds on reserve. Except as provided in 71-1-114, if a lending institution requires a borrower under a mortgage or trust indenture of real property to include in the borrower's regular payment additional payment into a reserve fund held by the lending institution for the future payment of property taxes, insurance premiums, and other expenses, the amount of funds on reserve may not exceed 110% of the projected amount needed to pay those expenses.   History: En. Sec. 1, Ch. 490, L. 1979; amd. Sec. 2238, Ch. 56, L. 2009.
MT Code § 71-1-114 (2021)
2021 Montana Code Annotated|Title 71. Mortgages, Pledges, and Liens|Chapter 1. Mortgages|Part 1. General Provisions|71-1-114. Exception to limitation

  71-1-114. Exception to limitation. If the borrower desires, the lending institution and borrower may enter into a written contract in which they agree that the funds on reserve exceed 110% of the reasonable amount needed to pay such expenses.   History: En. Sec. 2, Ch. 490, L. 1979.
MT Code § 71-1-115 (2021)
2021 Montana Code Annotated|Title 71. Mortgages, Pledges, and Liens|Chapter 1. Mortgages|Part 1. General Provisions|71-1-115. Record of reserve fund required

  71-1-115. Record of reserve fund required. Every lending institution shall keep an itemized record of each payment entered into the reserve fund and each disbursement withdrawn from the reserve fund. The lending institution shall annually mail a statement of total receipts and disbursements to each borrower under a mortgage or trust indenture of real property.   History: En. Sec. 3, Ch. 490, L. 1979.
MT Code § 71-1-201 (2021)
2021 Montana Code Annotated|Title 71. Mortgages, Pledges, and Liens|Chapter 1. Mortgages|Part 2. Mortgages of Real Property|71-1-201. What real property may be mortgaged -- debts secured

  71-1-201. What real property may be mortgaged -- debts secured. Any interest in real property which is capable of being transferred may be mortgaged. Such property or interest may be mortgaged to secure existing debts, to secure debts created simultaneously with the execution of the mortgage, and to secure advances then in contemplation but to be made in the future.   History: En. Sec. 3840, Civ. C. 1895; re-en. Sec. 5747, Rev. C. 1907; re-en. Sec. 8262, R.C.M. 1921; Cal. Civ. C. Sec. 2947; re-en. Sec. 8262, R.C.M. 1935; amd. Sec. 1, Ch. 150, L. 1949; R.C.M. 1947, 52-201(part).
MT Code § 71-1-202 (2021)
2021 Montana Code Annotated|Title 71. Mortgages, Pledges, and Liens|Chapter 1. Mortgages|Part 2. Mortgages of Real Property|71-1-202. Mortgage not considered conveyance -- recovery of possession

  71-1-202. Mortgage not considered conveyance -- recovery of possession. A mortgage of real property shall not be deemed a conveyance, whatever its terms, so as to enable the owner of the mortgage to recover possession of the real property without a foreclosure and sale. When the mortgage confers a power of sale, as mentioned in 71-1-111, possession may be recovered according to the terms of the mortgage.   History: En. Sec. 239, p. 93, Bannack Stat.; re-en. Sec. 260, p. 188, L. 1867; re-en. Sec. 309, p. 95, Cod. Stat. 1871; re-en. Sec. 359, p. 139, L. 1877; re-en. Sec. 359, 1st Div. Rev. Stat. 1879; re-en. Sec. 371, 1st Div. Comp. Stat. 1887; amd. Sec. 1316, C. Civ. Proc. 1895; re-en. Sec. 6877, Rev. C. 1907; re-en. Sec. 9495, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 744; re-en. Sec. 9495, R.C.M. 1935; R.C.M. 1947, 93-6219.
MT Code § 71-1-203 (2021)
2021 Montana Code Annotated|Title 71. Mortgages, Pledges, and Liens|Chapter 1. Mortgages|Part 2. Mortgages of Real Property|71-1-203. Writing required

  71-1-203. Writing required. A mortgage of real property can be created, renewed, or extended only by writing, with the formalities required in the case of a grant of real property.   History: En. Sec. 3842, Civ. C. 1895; re-en. Sec. 5749, Rev. C. 1907; re-en. Sec. 8264, R.C.M. 1921; Cal. Civ. C. Sec. 2922; Field Civ. C. Sec. 1623; re-en. Sec. re-en. Sec. 8264, R.C.M. 1935; R.C.M. 1947, 52-203.
MT Code § 71-1-204 (2021)
2021 Montana Code Annotated|Title 71. Mortgages, Pledges, and Liens|Chapter 1. Mortgages|Part 2. Mortgages of Real Property|71-1-204. Form of mortgage

  71-1-204. Form of mortgage. A mortgage of real property may be made in substantially the following form:   "This mortgage, made the .... day of ...., in the year ...., by A.B., of ...., mortgagor, to C.D., of ...., mortgagee:   That the mortgagor mortgages to the mortgagee (here describe the property), as security for the payment to the mortgagor of .... dollars, on (or before) the .... day of ...., in the year ...., with interest on that amount (or as security for the payment of an obligation, describing it, etc.).   ........................................   A.B."   History: En. Sec. 3841, Civ. C. 1895; re-en. Sec. 5748, Rev. C. 1907; re-en. Sec. 8263, R.C.M. 1921; Cal. Civ. C. Sec. 2948; re-en. Sec. 8263, R.C.M. 1935; R.C.M. 1947, 52-202; amd. Sec. 2239, Ch. 56, L. 2009.
MT Code § 71-1-205 (2021)
2021 Montana Code Annotated|Title 71. Mortgages, Pledges, and Liens|Chapter 1. Mortgages|Part 2. Mortgages of Real Property|71-1-205. Priorities

  71-1-205. Priorities. Any lien entitled to actual priority over the lien of mortgage by force of any express provision of the laws of this state shall continue to have priority to the extent prescribed by law.   History: En. Sec. 3840, Civ. C. 1895; re-en. Sec. 5747, Rev. C. 1907; re-en. Sec. 8262, R.C.M. 1921; Cal. Civ. C. Sec. 2947; re-en. Sec. 8262, R.C.M. 1935; amd. Sec. 1, Ch. 150, L. 1949; R.C.M. 1947, 52-201(part).