2023 Montana Code Annotated › Title 70. Property › Chapter 33. Montana Residential Mobile Home Lot Rental Act › Part 1. General Provisions › 70-33-103. Definitions

70-33-103. Definitions.
Unless the context clearly requires otherwise, in this chapter, the following definitions apply:
(1) "Abandon" means to give up possession of the premises unless the landlord does not accept abandonment or surrender as provided in 70-33-426 or unless the rental agreement has been terminated as provided by law.
(2) "Action" includes recoupment, counterclaim, setoff suit in equity, and any other proceeding in which rights are determined, including an action for possession.
(3) "Actual and reasonable cost" means the actual amount of expenses and labor incurred or expended and the reasonable amount of expenses and labor estimated to be incurred or expended.
(4) "Case of emergency" means an extraordinary occurrence beyond the tenant's control requiring immediate action to protect the premises or the tenant. A case of emergency may include the interruption of essential services, including electricity, gas, running water, and sewer and septic system service, or life-threatening events in which the tenant or landlord has reasonable apprehension of immediate danger to the tenant or others.
(5) "Court" means the appropriate district court, small claims court, justice's court, or city court.
(6) "Good faith" means honesty in fact in the conduct of the transaction concerned.
(7) "Landlord" means:
(a) the owner of:
(i) space or land, including a lot, that is rented to a tenant for a mobile home; or
(ii) a mobile home park;
(b) a person who has written authorization from the owner to act as the owner's agent or assignee for purposes related to the premises or the rental agreement;
(c) a manager of the premises who fails to disclose the managerial position; or
(d) a lessor who has written authorization from the owner of the premises to sublease the premises.
(8) "Lot" means the space or land rented and not a mobile home itself.
(9) "Mobile home" has the same meaning as provided in 15-1-101 and includes manufactured homes as defined in 15-1-101.
(10) "Mobile home owner" means the owner of a mobile home entitled under a rental agreement to occupy a lot.
(11) "Mobile home park" means a trailer court as defined in 50-52-101.
(12) "Organization" includes a corporation, government, governmental subdivision or agency, business trust, estate, trust, partnership, association, two or more persons having a joint or common interest, and any other legal or commercial entity.
(13) "Person" includes an individual or organization.
(14) "Premises" means a lot and the grounds, areas, and facilities held out for the use of tenants generally or promised for the use of a tenant.
(15) "Rent" means all payments to be made to a landlord, including rent, late fees, or other charges as agreed on in the rental agreement, except money paid as a security deposit.
(16) "Rental agreement" means all agreements, written or oral, and valid rules adopted under 70-33-311 embodying the terms and conditions concerning the use and occupancy of the premises.
(17) "Tenant" means:
(a) a person entitled under a rental agreement to occupy a lot to the exclusion of others; or
(b) a person who, with the written approval of the landlord and pursuant to the rental agreement, has a sublease agreement with the person who is entitled to occupy the dwelling unit under the rental agreement.
(18) "Unauthorized person or trespasser" means a person who:
(a) enters or remains after being asked to leave by the landlord and does not receive written permission by the landlord to remain on the premises;
(b) is in violation of 45-6-201;
(c) is in violation of 45-6-203; or
(d) is in violation of 70-27-102.
History: En. Sec. 9, Ch. 267, L. 2007; amd. Sec. 3, Ch. 454, L. 2015; amd. Sec. 10, Ch. 536, L. 2021.