Cal. Civ. Code § 70-33-432

Disposition Of Abandoned Mobile Home

In Force
Verified 10/22/2026 · Next check 11/21/2026
effective 10/22/2026MontanaEviction & Just Cause

Operative Text

Cal. Civ. Code § 70-33-432
(1) If a tenancy terminates, if the landlord reasonably believes that the tenant has abandoned a mobile home occupying a mobile home lot, and if at least 5 days have elapsed since the occurrence of events upon which the landlord has formed the belief that the mobile home has been abandoned, the landlord may remove the mobile home from the premises or keep the mobile home stored on the premises.
(2) If the landlord does not keep the mobile home stored on the premises, the landlord shall store the mobile home in a place of safekeeping and in either case shall exercise reasonable care for the mobile home. The landlord may charge the mobile home owner reasonable removal and storage charges.
(3) Regardless of where the landlord stores the mobile home, the landlord shall:
(a) notify the local law enforcement office of the storage;
(b) make a reasonable effort to determine if the mobile home is secured or otherwise encumbered; and
(c) send a notice by certified mail to the last-known address of the mobile home owner and to any person or entity the landlord determines has an interest referred to in subsection (3)(b), stating that at a specified time, not less than 15 days after mailing the notice, the mobile home will be disposed of if the mobile home owner does not respond and remove the mobile home.
(4) If the mobile home owner, within 15 days after receipt of the notice provided for in subsection (3)(c), responds in writing to the landlord that the owner intends to remove the mobile home from where it is stored and does not do so within 20 days after delivery of the owner's response, the mobile home may be conclusively presumed to be abandoned. A landlord is entitled to payment of the removal and storage costs allowed under subsection (2) before the owner may remove the mobile home.
(5) The landlord may dispose of the mobile home after complying with subsection (3) by:
(a) selling the mobile home at a public or private sale; or
(b) destroying or otherwise disposing of the mobile home if the landlord reasonably believes that the value of the mobile home is so low that the cost of a sale would exceed the reasonable value of the mobile home. Disposal may include having the mobile home removed to an appropriate disposal site.
(6) A public or private sale authorized by this section must be conducted under the provisions of 30-9A-610 or the sheriff's sale provisions of Title 25, chapter 13, part 7.
(7) The landlord has a lien on the mobile home and the proceeds of a sale conducted pursuant to subsection (6) for the reasonable costs of removal, storage, notice, sale, or delinquent rent or damages owing on the premises. The sale proceeds are subject to any prior security interest of record. A writing or recording is not necessary to create the lien provided for in this section. In the case of a sheriff's sale, the sheriff shall conduct the sale upon receipt of an affidavit from the landlord stating facts sufficient to warrant a sale under this section. After satisfaction of the lien, the landlord shall remit to the mobile home owner the remaining proceeds, if any. If the owner cannot after due diligence be found, the remaining proceeds must be deposited in the general fund of the county in which the sale occurred and, if not claimed within 3 years, are forfeited to the county.
Source: Legislative text reproduced verbatim
Plain English

Mont. Code Ann. § 70-33-432 establishes a process by which a landlord may handle a mobile home left behind on a lot after a tenancy ends and the landlord reasonably believes it has been abandoned. After a waiting period of at least 5 days, the landlord may remove or store the home, must notify law enforcement, and must send certified-mail notice to the last-known owner giving at least 15 days to respond before any disposal occurs. If the owner does not reclaim the home within the prescribed timeframes, the landlord may sell it at public or private sale, or destroy it if its value is too low to justify a sale, with any sale proceeds first satisfying the landlord's lien for removal, storage, and unpaid rent before any remainder goes to the owner or, if unclaimed, to the county.

Written by anthropic/claude-sonnet-4.6 · Reviewed on October 22, 2026

Plain English — not legal advice.

For Property Managers

Operators managing mobile home lots in Montana should be familiar with the multi-step process under Mont. Code Ann. § 70-33-432 before taking any action on a potentially abandoned mobile home. Compliant operators generally wait the required 5-day period, document the basis for their belief of abandonment, notify local law enforcement, exercise reasonable care in storing the home, and send certified-mail notice to the owner and any known lienholders at least 15 days before planned disposal. Landlords who conduct a sale under this section typically follow the commercial sale procedures of Mont. Code Ann. § 30-9A-610 or the sheriff's sale provisions, and they remit any surplus proceeds to the owner or, if the owner cannot be located after due diligence, deposit them with the county general fund.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

Under Mont. Code Ann. § 70-33-432, a mobile home owner whose home may be considered abandoned retains important rights throughout the process, including the right to receive certified-mail notice at their last-known address before any disposal takes place. An owner who responds in writing within 15 days of receiving that notice and then removes the home within 20 days can prevent the home from being conclusively presumed abandoned, though the landlord may require payment of reasonable removal and storage costs before allowing retrieval. Mobile home owners who believe a landlord has not followed the required steps — such as providing proper notice or exercising reasonable care — may wish to consult a tenant-rights organization or legal aid office familiar with Montana mobile home law to understand available options.

General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.

Generated October 22, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.

Effective Timeline

Current
Oct 22, 2026
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References Out

No outbound references recorded yet for this provision.

References In

Rules and statutes that cite this regulation

Mont. Code Ann. § 70-33-426
Mont. Code Ann. § 70-33-311
Mont. Code Ann. § 70-33-106
Mont. Code Ann. § 70-33-321
Mont. Code Ann. § 70-33-431
Mont. Code Ann. § 70-33-302
Mont. Code Ann. § 70-33-405
Mont. Code Ann. § 70-33-321
Mont. Code Ann. § 70-33-303
Mont. Code Ann. § 70-33-409
Mont. Code Ann. § 70-33-404
Mont. Code Ann. § 70-33-106
Mont. Code Ann. § 70-33-422

Related Rules

§ 151.20
TEMPORARY EVICTION CONTROLS AND RENT REDUCTIONS FOR MOBILE HOMES DAMAGED IN THE JANUARY, 1994 EARTHQUAKE
§ 1
Definitions
§ 2
Eviction of tenants prohibited; exceptions

Source Information