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Real Estate Lawyer Belgrade, MT

Real Estate Lawyer Belgrade, MT

Real Estate Lawyer Belgrade MontanaSo, you have found the perfect property to place on the STR (short-term rental) marketplace and now you’re seeking an experienced real estate lawyer in Belgrade, Montana, for sound advice. Whether you have a vacation home to rent out when you’re not using it, or you have a duplex and want to rent out one of the units for rental income purposes, there are legal pitfalls you should be aware of. If you intend to list your property on VRBO or Airbnb, or some other short-term rental service, there are several potential obstacles you must consider under Montana law. A knowledgeable and experienced real estate attorney can help guide you through the pitfalls and hurdles surrounding the short-term rental marketplace.

First, your property may be subject to homeowner or condominium restrictions which prevent you from renting your property short-term. These restrictions will be listed in the “covenants” or “declaration” of your homeowner or condominium association documents. If your neighbors (or a nosy association president) become aware that you are renting your property in violation of the covenants, you could potentially be subject to a fine (or worse, an injunction preventing you from doing so in the future). If you have owned your Belgrade Montana real estate for some time, one thing to keep in mind is Senate Bill 200, which was signed by the Governor into law in Montana in 2019. This law effectively makes any property covenants passed subsequent to the purchase of your property inapplicable as to your specific property. The knowledgeable attorneys at Silverman Law Office can assist you to record a proper document in the property records of your county which establishes that the new restrictions do not apply to your specific property.

Another potential pitfall is the zoning requirements of the city/county in which your property is located. An experienced real estate lawyer in Belgrade, Montana, will be familiar with all local regulations and can help guide you through the process. Some counties, such as Jefferson County, require that you go through a conditional permitting process, which can be onerous, to say the least. Other cities/counties are even more restrictive. Bozeman addressed the issue in 2017, and now requires that each short-term rental (“STR”) maintain a current registration with the City of Bozeman. There is an annual $250 registration fee and a one-time fire inspection fee. Depending on the exact location, there may also be a $1,508 fee for an administrative conditional use permit. There are additional regulations that concern maximum capacity and similar issues.

Montana law has not yet modernized its short-term rental laws like some of its neighboring states. However, if you are thinking about placing your property for rent on the short-term rental marketplace, a real estate lawyer Belgrade, MT residents recommend, can assist you through all steps of the process. The real estate lawyers here at Silverman Law Office can help make sure your short-term rental property is in compliance at every level from the homeowner’s association to the city and county. Once you have the peace of mind that your rental property is in compliance, you can sit back and enjoy your rental income revenue stream! Contact us today!


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