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Montana

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Montana Code Annotated 2021

TITLE 70. PROPERTY

CHAPTER 24. RESIDENTIAL LANDLORD AND TENANT ACT OF 1977

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  • Part 1. General Provisions

    • 70-24-101 Short title

    • 70-24-102 Purposes -- liberal construction to promote

    • 70-24-103 General definitions

    • 70-24-104 Exclusions from application of chapter

    • 70-24-105 Supplementary principles of law applicable

    • 70-24-106 Construction against implicit repeal

    • 70-24-107 Territorial application

    • 70-24-108 What constitutes notice

    • 70-24-109 Obligation of good faith

    • 70-24-110 Landlords and tenants -- no firearm prohibition allowed

    • 70-24-111 Notice of no contact

    • 70-24-112 Application of security deposit laws

    • 70-24-113 Removal of unauthorized person or trespasser

  • Part 2. Rental Agreements

    • 70-24-201 Rental agreement -- terms and conditions

    • 70-24-202 Prohibited provisions in rental agreements

    • 70-24-203 Agreement not to permit receipt of rent free of obligation

    • 70-24-204 Effect of unsigned or undelivered rental agreement

    • 70-24-205 Extension of written rental agreements

  • Part 3. Rights and Duties of the Parties

    • 70-24-301 Duty to disclose name of person responsible

    • 70-24-302 Landlord to deliver possession of dwelling unit

    • 70-24-303 Landlord to maintain premises -- agreement that tenant perform duties -- limitation of landlord's liability for failure of smoke detector or carbon monoxide detector

    • 70-24-304 Transfer of premises or termination of management -- relief from liability

    • 70-24-305 Transfer of premises by tenant

    • 70-24-306 through 70-24-310 reserved

    • 70-24-311 Landlord authorized to adopt rules

    • 70-24-312 Access to premises by landlord

    • 70-24-313 Repealed

    • 70-24-314 Resident associations -- meetings

    • 70-24-315 Repealed

    • 70-24-316 through 70-24-320 reserved

    • 70-24-321 Tenant to maintain dwelling unit

    • 70-24-322 Tenant to occupy as dwelling unit only -- extended absence

  • Part 4. Remedies

    • 70-24-401 Administration of remedies -- enforcement

    • 70-24-402 Settlement of disputed claim or right

    • 70-24-403 Prohibited provision in rental agreement -- unenforceability -- damages

    • 70-24-404 Unconscionability -- court discretion to refuse enforcement

    • 70-24-405 Failure of landlord to deliver possession -- tenant's remedies

    • 70-24-406 Failure of landlord to maintain premises -- tenant's remedies

    • 70-24-407 Damages for minor violations by landlord

    • 70-24-408 Purposeful or negligent failure to provide essential services -- tenant's remedies

    • 70-24-409 Fire or casualty damage -- rights of tenant

    • 70-24-410 Unlawful or unreasonable entry by landlord -- tenant's remedies

    • 70-24-411 Unlawful ouster, exclusion, or diminution of service -- tenant's remedies

    • 70-24-412 through 70-24-420 reserved

    • 70-24-421 Action for nonpayment of rent -- tenant's counterclaim

    • 70-24-422 Noncompliance of tenant generally -- landlord's right of termination -- damages -- injunction

    • 70-24-423 Waiver of landlord's right to terminate for breach

    • 70-24-424 Refusal of access -- landlord's remedies

    • 70-24-425 Failure of tenant to maintain dwelling -- landlord's right to enter and repair

    • 70-24-426 Remedies for absence or abandonment

    • 70-24-427 Landlord's remedies after termination -- action for possession

    • 70-24-428 Landlord's recovery of possession limited

    • 70-24-429 Holdover remedies -- consent to continued occupancy -- tenant's response to service in action for possession

    • 70-24-430 Disposition of personal property abandoned by tenant after termination

    • 70-24-431 Retaliatory conduct by landlord prohibited

    • 70-24-432 Repealed

    • 70-24-433 through 70-24-435 reserved

    • 70-24-436 Repealed

    • 70-24-437 through 70-24-440 reserved

    • 70-24-441 Termination by landlord or tenant

    • 70-24-442 Attorney fees -- costs

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List of Montana Counties

  • Beaverhead County, MT

  • Big Horn County, MT

  • Blaine County, MT

  • Broadwater County, MT

  • Carbon County, MT

  • Carter County, MT

  • Cascade County, MT

  • Chouteau County, MT

  • Custer County, MT

  • Daniels County, MT

  • Dawson County, MT

  • Deer Lodge County, MT

  • Fallon County, MT

  • Fergus County, MT

  • Flathead County, MT

  • Gallatin County, MT

  • Garfield County, MT

  • Glacier County, MT

  • Golden Valley County, MT

  • Granite County, MT

  • Hill County, MT

  • Jefferson County, MT

  • Judith Basin County, MT

  • Lake County, MT

  • Lewis and Clark County, MT

  • Liberty County, MT

  • Lincoln County, MT

  • Madison County, MT

  • McCone County, MT

  • Meagher County, MT

  • Mineral County, MT

  • Missoula County, MT

  • Musselshell County, MT

  • Park County, MT

  • Petroleum County, MT

  • Phillips County, MT

  • Pondera County, MT

  • Powder River County, MT

  • Powell County, MT

  • Prairie County, MT

  • Ravalli County, MT

  • Richland County, MT

  • Roosevelt County, MT

  • Rosebud County, MT

  • Sanders County, MT

  • Sheridan County, MT

  • Silver Bow County, MT

  • Stillwater County, MT

  • Sweet Grass County, MT

  • Teton County, MT

  • Toole County, MT

  • Treasure County, MT

  • Valley County, MT

  • Wheatland County, MT

  • Wibaux County, MT

  • Yellowstone County, MT

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Part 1. General Provisions

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70-24-101. Short title. This chapter may be cited as "The Montana Residential Landlord and Tenant Act of 1977".

​

History: En. 42-401 by Sec. 1, Ch. 313, L. 1977; R.C.M. 1947, 42-401.

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70-24-102. Purposes -- liberal construction to promote. 

(1) This chapter shall be liberally construed and applied to promote its underlying purposes and policies.

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(2) Underlying purposes and policies of this chapter are to:

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(a) simplify, clarify, modernize, and revise the law governing the rental of dwelling units and the rights and obligations of landlords and tenants; and

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(b) encourage landlords and tenants to maintain and improve the quality of housing.

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History: En. 42-402 by Sec. 2, Ch. 313, L. 1977; R.C.M. 1947, 42-402.

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70-24-103. General definitions. Subject to additional definitions contained in subsequent sections and unless the context otherwise requires, in this chapter the following definitions apply:

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(1) "Abandon" means to give up possession of the premises unless the landlord does not accept abandonment or surrender as provided in 70-24-426 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 heat, electricity, gas, running water, hot 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) "Dwelling unit" means a structure or the part of a structure that is used as a home, residence, or sleeping place by a person who maintains a household or by two or more persons who maintain a common household. Dwelling unit, in the case of a person who rents space in a mobile home park and rents the mobile home, means the mobile home itself.

 

(7) "Good faith" means honesty in fact in the conduct of the transaction concerned.

 

(8) "Guest" means a person staying with a tenant for a temporary period of time as defined in the rental agreement or, if not defined in the rental agreement, for a period of time no more than 7 days unless the tenant has received the landlord's written consent to a longer period of time.

 

(9) "Landlord" means:

 

(a) the owner of the dwelling unit or the building of which it is a part;

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(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;

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(c) a person who has written authorization from the owner to act as a manager of the premises for the purposes of the tenancy or the rental agreement; or

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(d) a lessor who has written authorization from the owner of the premises to sublease the premises.

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(10) "Organization" includes a corporation, government, governmental subdivision or agency, business trust, estate, trust, or partnership or association, two or more persons having a joint or common interest, and any other legal or commercial entity.

 

(11) "Owner" means one or more persons, jointly or severally, in whom is vested all or part of:

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(a) the legal title to property; or

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(b) the beneficial ownership and a right to present use and enjoyment of the premises, including a mortgagee in possession.

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(12) "Person" includes an individual or organization.

 

(13) "Premises" means a dwelling unit and the structure of which it is a part, the facilities and appurtenances in the structure, and the grounds, areas, and facilities held out for the use of tenants generally or promised for the use of a tenant.

 

(14) "Rent" means all payments to be made to the landlord, including rent, late fees, or other charges as agreed on in the rental agreement, except money paid as a security deposit.

 

(15) "Rental agreement" means all agreements, written or oral, and valid rules adopted under 70-24-311 embodying the terms and conditions concerning the use and occupancy of a dwelling unit and premises.

 

(16) "Roomer" means a person occupying a dwelling unit that does not include a toilet, a bathtub or a shower, a refrigerator, a stove, or a kitchen sink, all of which are provided by the landlord and one or more of which are used in common by occupants in the structure.

 

(17) "Single-family residence" means a structure maintained and used as a single dwelling unit. A dwelling unit that shares one or more walls with another dwelling unit is a single-family residence if it has direct access to a street or thoroughfare and does not share heating facilities, hot water equipment, or any other essential facility or service with another dwelling unit.

 

(18) "Tenant" means:

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(a) a person entitled under a rental agreement to occupy a dwelling unit 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.

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(19) "Unauthorized person or trespasser" means a person who:

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(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;

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(b) is in violation of 45-6-201;

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(c) is in violation of 45-6-203; or

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(d) is in violation of 70-27-102.

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History: En. 42-409 by Sec. 9, Ch. 313, L. 1977; R.C.M. 1947, 42-409; amd. Sec. 2, Ch. 417, L. 1979; amd. Sec. 1, Ch. 222, L. 1993; amd. Sec. 2, Ch. 343, L. 1993; amd. Sec. 1, Ch. 470, L. 1993; amd. Sec. 1, Ch. 487, L. 1993; amd. Sec. 65, Ch. 18, L. 1995; amd. Sec. 1, Ch. 401, L. 1997; amd. Sec. 1, Ch. 267, L. 2007; amd. Sec. 1, Ch. 454, L. 2015; amd. Sec. 2, Ch. 536, L. 2021.

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70-24-104. Exclusions from application of chapter. Unless created to avoid the application of this chapter, the following arrangements are not governed by this chapter:

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(1) residence at a public or private institution if incidental to detention or the provision of medical, geriatric, educational, counseling, religious, or similar service, including all housing provided by the Montana university system and other postsecondary institutions;

 

(2) occupancy under a contract of sale of a dwelling unit or the property of which it is a part if the occupant is the purchaser or a person who succeeds to the purchaser's interest;

 

(3) occupancy by a member of a fraternal or social organization in the portion of a structure operated for the benefit of the organization;

 

(4) transient occupancy in a hotel or motel;

 

(5) occupancy by an owner of a condominium unit or a holder of a proprietary lease in a cooperative;

 

(6) occupancy under a rental agreement covering premises used by the occupant primarily for commercial or agricultural purposes;

 

(7) occupancy by an employee of a landlord whose right to occupancy is conditional upon employment in and about the premises; and

 

(8) occupancy outside a municipality under a rental agreement that includes hunting, fishing, or agricultural privileges, along with the use of the dwelling unit.

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History: En. 42-408 by Sec. 8, Ch. 313, L. 1977; R.C.M. 1947, 42-408; amd. Sec. 1, Ch. 282, L. 2003.

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0-24-105. Supplementary principles of law applicable. Unless displaced 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 its provisions.

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History: En. 42-403 by Sec. 3, Ch. 313, L. 1977; R.C.M. 1947, 42-403.

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70-24-106. Construction against implicit repeal. No part of this chapter is to be construed as impliedly repealed by subsequent legislation if that construction can reasonably be avoided.

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History: En. 42-404 by Sec. 4, Ch. 313, L. 1977; R.C.M. 1947, 42-404.

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70-24-107. Territorial application. This chapter applies to, regulates, and determines rights, obligations, and remedies under a rental agreement, wherever made, for a dwelling unit located within this state.

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History: En. 42-407 by Sec. 7, Ch. 313, L. 1977; R.C.M. 1947, 42-407.

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70-24-108. What constitutes notice. 

 

(1) A person has notice of a fact if any of the following is true:

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(a) the person has actual knowledge of it;

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(b) in the case of a landlord, it is delivered at the place of business of the landlord through which the rental agreement was made;

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(c) in the case of a tenant or a landlord, it is transmitted to an electronic mail address provided by the tenant or the landlord in the rental agreement. Notice by electronic mail is complete on receipt of a read receipt generated by an electronic mail system or an electronic mail reply other than an automatically generated electronic mail reply.

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(d) in the case of a landlord or tenant, it is delivered in hand to the landlord or tenant or mailed with a certificate of mailing or by certified mail to the person at the place indicated by the person as the place for receipt of the communication or, in the absence of a designation, to the person's last-known address. If notice is made with a certificate of mailing or by certified mail, service of the notice is considered to have been made on the date 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 and, in any event, from the time it would have been brought to the individual's attention if the organization had exercised reasonable diligence.

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History: En. 42-412 by Sec. 12, Ch. 313, L. 1977; R.C.M. 1947, 42-412; amd. Sec. 2, Ch. 222, L. 1993; amd. Sec. 1, Ch. 290, L. 2017.

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70-24-109. Obligation of good faith. Every duty under this chapter and every act which 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.

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History: En. 42-410 by Sec. 10, Ch. 313, L. 1977; R.C.M. 1947, 42-410.

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70-24-110. Landlords and tenants -- no firearm prohibition allowed. A landlord or operator of a hotel or motel may not, by contract or otherwise, prevent a tenant or a guest of a tenant from possessing on the premises a firearm that it is legal for the tenant or guest to possess. A landlord or operator of a hotel or motel may prohibit the discharge of a firearm on the premises except in self-defense.

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History: En. Sec. 6, Ch. 332, L. 2009.

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70-24-111. 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.

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History: En. Sec. 1, Ch. 297, L. 2015.

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70-24-112. 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 Landlord and Tenant Act of 1977, the rights and duties of landlords and tenants, and the availability of remedies and judicial relief to landlords and tenants.

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History: En. Sec. 1, Ch. 235, L. 2021.

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70-24-113. Removal of unauthorized person or trespasser. 

 

(1) An unauthorized person or trespasser has no legal right to occupy, enter, or trespass on a premises. A person who cannot produce authorization allowing the person to occupy a premises is an unauthorized person or trespasser for the purpose of this section and may be removed from the premises immediately by law enforcement.

 

(2) For the purposes of this section, authorization includes:

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(a) a written rental agreement entitling the person to occupy the premises;

 

(b) written or verbal authorization from the landlord; or

 

(c) written or verbal authorization from a tenant if the person is a guest of the tenant.

 

(3) For the purposes of this section, verbal authorization is valid only if it is verified by the individual or entity entitled to give it under subsection (2)(b) or (2)(c).

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History: En. Sec. 1, Ch. 536, L. 2021.

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  • Absarokee, MT

  • Alberton, MT

  • Anaconda, MT

  • Arlee, MT

  • Ashland, MT

  • Augusta, MT

  • Baker, MT

  • Ballantine, MT

  • Basin, MT

  • Bearcreek, MT

  • Belfry, MT

  • Belgrade, MT

  • Belt, MT

  • Big Sandy, MT

  • Big Sky, MT

  • Big Timber, MT

  • Bigfork, MT

  • Billings, MT

  • Black Eagle, MT

  • Bonner, MT

  • Boulder, MT

  • Box Elder, MT

  • Bozeman, MT

  • Bridger, MT

  • Broadus, MT

  • Brockton, MT

  • Browning, MT

  • Busby, MT

  • Butte, MT

  • Cascade, MT

  • Charlo, MT

  • Chester, MT

  • Chinook, MT

  • Choteau, MT

  • Circle, MT

  • Clancy, MT

  • Clinton, MT

  • Clyde Park, MT

  • Colstrip, MT

  • Columbia Falls, MT

  • Columbus, MT

  • Conrad, MT

  • Coram, MT

  • Corvallis, MT

  • Crow Agency, MT

  • Culbertson, MT

  • Cut Bank, MT

  • Darby, MT

  • Deer Lodge, MT

  • Denton, MT

  • Dillon, MT

  • Dixon, MT

  • Drummond, MT

  • Dutton, MT

  • East Glacier Park, MT

  • East Helena, MT

  • Ekalaka, MT

  • Elliston, MT

  • Ennis, MT

  • Eureka, MT

  • Fairfield, MT

  • Fairview, MT

  • Florence, MT

  • Forsyth, MT

  • Fort Benton, MT

  • Fort Peck, MT

  • Fort Shaw, MT

  • Frazer, MT

  • Frenchtown, MT

  • Fromberg, MT

  • Gardiner, MT

  • Geraldine, MT

  • Glasgow, MT

  • Glendive, MT

  • Great Falls, MT

  • Hamilton, MT

  • Hardin, MT

  • Harlem, MT

  • Harlowton, MT

  • Havre, MT

  • Hays, MT

  • Havre, MT

  • Hays, MT

​

  • Heart Butte, MT

  • Helena, MT

  • Hobson, MT

  • Hot Springs, MT

  • Hungry Horse, MT

  • Huntley, MT

  • Hysham, MT

  • Jefferson City, MT

  • Joliet, MT

  • Joplin, MT

  • Jordan, MT

  • Kalispell, MT

  • Lakeside, MT

  • Lame Deer, MT

  • Laurel, MT

  • Lavina, MT

  • Lewistown, MT

  • Libby, MT

  • Lima, MT

  • Lincoln, MT

  • Livingston, MT

  • Lodge Grass, MT

  • Lolo, MT

  • Malmstrom A F B, MT

  • Malta, MT

  • Manhattan, MT

  • Martin City, MT

  • Medicine Lake, MT

  • Miles City, MT

  • Missoula, MT

  • Nashua, MT

  • Noxon, MT

  • Pablo, MT

  • Park City, MT

  • Philipsburg, MT

  • Pinesdale, MT

  • Plains, MT

  • Plentywood, MT

  • Polson, MT

  • Poplar, MT

  • Pryor, MT

  • Red Lodge, MT

  • Ronan, MT

  • Roundup, MT

  • Rudyard, MT

  • Ryegate, MT

  • Saco, MT

  • Saint Ignatius, MT

  • Saint Regis, MT

  • Scobey, MT

  • Seeley Lake, MT

  • Shelby, MT

  • Sheridan, MT

  • Sidney, MT

  • Simms, MT

  • Somers, MT

  • Stanford, MT

  • Stevensville, MT

  • Sunburst, MT

  • Superior, MT

  • Terry, MT

  • Thompson Falls, MT

  • Three Forks, MT

  • Townsend, MT

  • Trout Creek, MT

  • Troy, MT

  • Twin Bridges, MT

  • Ulm, MT

  • Valier, MT

  • Vaughn, MT

  • Victor, MT

  • West Yellowstone, MT

  • White Sulphur Springs, MT

  • Whitefish, MT

  • Whitehall, MT

  • Wibaux, MT

  • Willow Creek, MT

  • Wilsall, MT

  • Wolf Point, MT

Part 2. Rental Agreements

 

70-24-201. Rental agreement -- terms and conditions. 

 

(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, including rent, term of the agreement, and other provisions governing the rights and obligations of the parties.

 

(2) Unless the rental agreement provides otherwise:

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(a) the tenant shall pay as rent the rental value for the use and occupancy of the dwelling unit 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 of 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 week to week in the case of a roomer who pays weekly rent and in all other cases 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 70-24-426(3) 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 provided for by subsection (2).

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History: En. 42-413 by Sec. 13, Ch. 313, L. 1977; R.C.M. 1947, 42-413; amd. Sec. 1, Ch. 155, L. 2017; amd. Sec. 3, Ch. 536, L. 2021.

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70-24-202. Prohibited provisions in rental agreements. A rental agreement may not provide that a party:

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(1) agrees to waive or forego rights or remedies under this chapter;

 

(2) authorizes any person to confess judgment on a claim arising out of the rental agreement;

 

(3) agrees 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 the costs or attorney fees connected with that liability; or

 

(4) must provide an electronic mail address as a condition of entering into the agreement. However, a party may voluntarily provide an electronic mail address if the agreement contains a provision allowing a party to elect to receive notice by electronic mail.

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History: En. 42-415 by Sec. 15, Ch. 313, L. 1977; R.C.M. 1947, 42-415(1); amd. Sec. 2, Ch. 290, L. 2017.

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70-24-203. Agreement not to permit receipt of rent free of obligation. A rental agreement or a document related thereto may not permit the receipt of rent free of the obligation to comply with 70-24-303.

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History: En. 42-416 by Sec. 16, Ch. 313, L. 1977; R.C.M. 1947, 42-416.

​

70-24-204. 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.

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(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. 42-414 by Sec. 14, Ch. 313, L. 1977; R.C.M. 1947, 42-414; amd. Sec. 2171, Ch. 56, L. 2009; amd. Sec. 1, Ch. 220, L. 2017.

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70-24-205. Extension of written rental agreements. If the landlord and tenant fail to establish a default extension period for the lease in the rental agreement and neither party gives a 30-day written notice to the other to terminate the tenancy before the rental agreement's original termination date, the tenancy continues on a month-to-month basis.

​

History: En. Sec. 1, Ch. 138, L. 2009; amd. Sec. 2, Ch. 155, L. 2017.

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Links to Legal Pages Based on State

  • Abandonment 

    A landlord may consider rental property as abandoned by the tenant once rent has not been paid for a set time along with visual evidence of the tenant’s disappearance such as the accumulation of unopened mail, unkempt premises, or statements from neighbors. Usually, the landlord must make a good faith effort to locate the tenant for a reasonable time, usually 30 days, before reclaiming the property and disposing of or selling any of the tenant’s unclaimed possessions. 

​

  • Assignment of Rent 

    A clause found in trust deeds whereby rent is included as addtional security to the real property described in a trust deed. The clause transfers to the lender the right to collect rental income from the income-producing property if there is a default on the note or other secured obligation that is held by the beneficiary or lender. 

​

  • Complaint in Unlawful Detainer 

    A formal lawsuit used by a landlord after having given appropriate written notice to a tenant to vacate leased property within a set time based on the tenant’s breach of a material provision of the lease or by nonpayment of rent. It is typically a summary proceeding where the tenant has a shortened period to file a written answer or response to the lawsuit and to appear in court for an eviction hearing within a short period after service of the action or the filing of a response by the tenant. 

​

  • Contract for Deed 

    Also referred to as a land contract or installment land contract, it is a contract for the sale of real property whereby the seller finances the transaction instead of a third party lender. The seller retains legal title to the property until the contract is satisfied and can more easily cancel the contract and repossess the property should the buyer fail to make the required payments or not fulfill other obligations without the need for foreclosure action or judicial action. 

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  • Covenant of Quiet Enjoyment 

    An implied covenant in every residential lease agreement that a tenant has the right to undisturbed use of the rental property including excluding others from the premises, to peace and quiet, and to a safe and clean unit along with essential services such as hot water, heat, plumbing and electricity. A breach of this convenant by a landlord may entitle the tenant to withhold rent until the conditon is remedied or to vacate the property and terminate the lease. 

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  • Default Judgment 

    A court issued judgment in favor of the landlord in cases where a tenant fails to respond to a summons and complaint for unlawful detainer or other eviction action, or where the tenant fails to appear at an eviction hearing, and which allows the landlord to request an order that the tenant vacate the premises. A tenant also may receive a default judgment if the landlord fails to appear at the hearing. 

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  • Demurrer 

    A legal pleading used by tenants in some eviction cases wherein a party may agree with the underlying facts of a lawsuit but objects to certain allegations or counts in a complaint by arguing that it lacks legal sufficiency, validity or does not contain enough facts to support the opposing party’s cause of action. If sustained by the court, most courts will allow the opposing party to attempt to amend its complaint to cure the deficiency. 

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  • Discriminatory Eviction 

    An unlawful eviction based upon a person’s protected status, which includes race, color, creed, religion, national origin, sex, sexual preference, pregnancy, marital status, children or disability. 

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  • Eviction 

    A legal or judicial process by which a landlord or landowner forces a tenant to vacate the leased property and terminate the rental agreement for failure to pay rent, to follow certain terms of the lease or who has stayed beyond the expiration of the lease term. 

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  • Eviction Notice 

    A written statement that must be properly served or delivered to a tenant that contains certain language required by that jurisdiction, typically including the landlord’s declaration that the tenant has breached a specific material provision of the lease, has failed to pay a specified amount of rent on time, or committed some other substantial breach of the landlord/tenant relationship, and that the tenant must either vacate by a certain date or remedy the breach before a set date or the lease agreement will terminate. It must also state that legal proceedings will commence to expel the tenant from the leased property. 

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  • Fair Housing Act 

    The Fair Housing Act is part of Title VIII of the Civil Rights Act of 1968 and was designed to eliminate bias and discrimination in renting and in home sales on the basis of a person’s personal characteristics including race, religion, creed, national origin, gender, family status or disability. Suspected violations are reported to fair housing councils in a local area, a state’s department of fair employment and housing or to a private attorney for civil remedies. 

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  • Forcible Entry 

    Entry by a landlord upon leased property without the consent of the occupier or tenant. It also refers to a tenant who remains on the property after termination of the lease or after receiving written demand of possession by the landlord. 

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  • Forfeiture 

    A concept whereby a landlord may claim that a tenant has forfeited his or her rights under a rental agreement because of nonpayment of rent, violation of a material provison in the lease, or by committing criminal acts on the premises. It is also a concept in land contract cases where the seller declares the buyer to have forfeited the contract if the obligations of the contract are not fulfilled or has engaged in conduct that violates the contract. 

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  • Holdover 

    A holdover is a tenant who has remained on leased property after expiration of the rental term, who has used the premises for illegal activity or who has violated a provision of the lease other than nonpayment of rent. Some states use holdover petitions to evict a tenant. 

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  • Landlord 

    A person or entity that leases or rents property to another person or organization and is referred to as a lessor. A landlord has certain obligations to the tenant either through a written rental agreement or which are implied or specified by state law. 

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  • Lease 

    A written or implied contract with a certain duration that allows a lessee to use or occupy property subject to its terms. 

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  • Lease Option 

    A contract wherein the buyer pays the seller of real property money to secure an option to purchase the property at a later time, usually at an agreed future price, and to lease the property for a set rental amount over a predetermined time. The buyer is not obligated to buy the property during the option period and no other person may buy it until the option expires. 

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  • Leasehold 

    A form of temporary right to property acquired under a lease or rental agreement for a set time at a certain price or rent. A leasehold is considered personal property. 

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  • Low Income Tax Credit Properties 

    An affordable housing program also known as LIHTC for low income renters that permits investors to take a dollar-for-dollar tax reduction or credits pursuant Section 42 of the tax code and which currently accounts for the majority of affordable rental housing in the US. Most tax credit projects are able to qualify for government subsidies at below market interest rates. 

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  • Nuisance 

    Any conduct or activity by a tenant that usually must be egregious in nature that materially affects the health or safety of other tenants or other people in the community. This could include unhealthy habits leading to infestations of vermin or insects, foul odors, chronic excessive noise or other conduct that interferes with another person’s right to quiet enjoyment of their property. 

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  • Retaliatory Eviction 

    An unlawful eviction based on a tenant’s complaining to the landlord or to a governmental agency, or for participating in or joining a tenant’s union. 

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  • Section 8 Housing 

    A federal housing program that provides rental subsidies to qualified, low-income renters and homeowners who must demonstrate that their income is below 50 percent of the applicant’s area median income. A Section 8 housing voucher may be used in any housing authority in the US, regardless of where the recipient received it. 

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  • Self-Eviction 

    Unlawful activities or conduct by a landlord or the landlord’s representatives that are designed to forcibly evict or cause a tenant to vacate the leased property without using the judicial process. This includes shutting off the utilities, denying the tenant access to the property, threatening the tenant or creating conditons that make the property unfit to live in. 

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  • Sublease 

    A rental agreement between the tenant or lessee and a third party that allows that party, called the sublessee, to use the lessee’s rental unit or property for a set time and who is obligated to the lessee. A lessee is still responsible for paying rent to the lessor or landlord for the duration of the underlying lease term. 

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  • Tenancy 

    The period of a tenant’s right to possess and use the property of another under a lease and usually upon payment of rent or the performance of services. 

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  • Tenant 

    A person or entity that leases property from another and who is referred to as a lessee, who by paying rent has rights of possession and limited use of the property for a set time, usually pursuant to a written lease or oral agreement. A tenant has certain obligations to the landlord to abide by the terms of the lease. 

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  • Trade Fixtures 

    An item or piece of equipment used by a tenant in his or her trade or business that may be removed from the leased business property at the expiration of the lease term. Such fixtures may ordinarily be considered part of the real property and not removeable if not for their business or trade status. 

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  • Uniform Residential Landlord and Tenant Act 

    A model code or legislative act that addresses residential landlord and tenant interactions and which has been adopted with many variations by most states. The act was designed to introduce more fairness and uniformity in landlord/tenant laws and to specify the statutory obligations of tenants and landlords.

 

  • Warranty of Habitability 

    An implied obligation by the landlord in every rental agreement to provide and maintain an apartment or unit in a safe and habitable condition. This includes providing running water, electricity, heat and a structurally sound premises. The landlord’s failure to provide these services or essentials may permit a tenant to unilaterally terminate a lease, pay reduced rent, make self-repairs and deduct the costs from the rent or withhold the entire rent until the conditions are remedied. 

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  • Writ of Possession 

    A court order granted after an eviction hearing or default whereby the landlord is granted possession of rental property and which advises the tenant to vacate the leased property by a certain date or be subject to forcible removal by the sheriff. A writ is served on the tenant by the sheriff or authorized law enforcement personnel. 

evict-tenants-nonpayment-montana - Copy.jpg

Part 3. Rights and Duties of the Parties

 

70-24-301. Duty to disclose name of person responsible. 

 

(1) A landlord or a person authorized to enter into a rental agreement on the landlord's behalf shall disclose to the tenant in writing at or before the commencement of the tenancy the name and address of:

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(a) the person authorized to manage the premises; and

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(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.

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(2) The information required to be furnished by this section must be kept current and in writing, and this section extends to and is enforceable against any successor landlord, owner, or manager.

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(3) A person who fails to comply with subsection (1) becomes an agent of each person who is a landlord for the purpose of:

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(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 expending or making available for that purpose all rent collected from the premises.

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History: En. 42-418 by Sec. 18, Ch. 313, L. 1977; R.C.M. 1947, 42-418; amd. Sec. 2172, Ch. 56, L. 2009.

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70-24-302. Landlord to deliver possession of dwelling unit. 

 

(1) At the commencement of the term, a landlord shall deliver possession of the premises to the tenant in compliance with the rental agreement and 70-24-303. A landlord may bring an action for possession against a person wrongfully in possession.

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(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.

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History: En. 42-419 by Sec. 19, Ch. 313, L. 1977; R.C.M. 1947, 42-419; amd. Sec. 3, Ch. 222, L. 1993.

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70-24-303. (Temporary) Landlord to maintain premises -- agreement that tenant perform duties -- limitation of landlord's liability for failure of smoke detector or carbon monoxide detector. 

 

(1) Subject to 27-1-1603, a landlord:

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(a) shall comply with the requirements of applicable building and housing codes materially affecting health and safety in effect at the time of original construction in all dwelling units where construction is completed after July 1, 1977;

 

(b) shall 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 70-24-321;

 

(c) shall keep all common areas of the premises in a clean and safe condition;

 

(d) shall 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) shall, 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 dwelling unit and arrange for their removal;

 

(f) shall supply running water and reasonable amounts of hot water at all times and reasonable heat between October 1 and May 1, except if the building that includes the dwelling unit is not required by law to be equipped for that purpose or the dwelling unit is so constructed that heat or hot water is generated by an installation within the exclusive control of the tenant; and 

 

(g) shall install in each dwelling unit under the landlord's control an approved carbon monoxide detector, in accordance with rules adopted by the department of labor and industry, and an approved smoke detector, in accordance with rules adopted by the department of justice. Upon commencement of a rental agreement, the landlord shall verify that the carbon monoxide detector and the smoke detector in the dwelling unit are in good working order. The tenant shall maintain the carbon monoxide detector and the smoke detector in good working order during the tenant's rental period. For the purposes of this subsection (1)(g), an approved carbon monoxide detector, as defined in 70-20-113, and an approved smoke detector, as defined in 70-20-113, bear a label or other identification issued by an approved testing agency having a service for inspection of materials and workmanship at the factory during fabrication and assembly.

 

(2) If the duty imposed by subsection (1)(a) is greater than a duty imposed by subsections (1)(b) through (1)(g), 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 perform the landlord's duties specified in subsections (1)(e) and (1)(f) and specified repairs, maintenance tasks, alteration, and remodeling but only if the transaction 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:

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(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;

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(b) the work is not necessary to cure noncompliance with subsection (1)(a); and

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(c) the agreement does not diminish the obligation of the landlord to other tenants in the premises.

 

(5) The landlord is not liable for damages caused as a result of the failure of the carbon monoxide detector or the smoke detector required under subsection (1)(g). (Terminates January 1, 2031--sec. 15, Ch. 2, L. 2021.)

70-24-303. (Effective January 2, 2031) Landlord to maintain premises -- agreement that tenant perform duties -- limitation of landlord's liability for failure of smoke detector or carbon monoxide detector. 

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History: En. 42-420 by Sec. 20, Ch. 313, L. 1977; R.C.M. 1947, 42-420; amd. Sec. 1, Ch. 567, L. 1989; amd. Sec. 1, Ch. 706, L. 1991; amd. Sec. 2, Ch. 401, L. 1997; amd. Sec. 1, Ch. 408, L. 2003; amd. Sec. 2, Ch. 43, L. 2009; amd. Sec. 1, Ch. 343, L. 2013; amd. Sec. 10, Ch. 2, L. 2021; amd. Sec. 4, Ch. 536, L. 2021.

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70-24-304. Transfer of premises or termination of management -- relief from liability. 

 

(1) Unless otherwise agreed, a landlord who conveys, in a good faith sale to a bona fide purchaser, premises that include a dwelling unit 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 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 that include a dwelling unit 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.

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History: En. 42-421 by Sec. 21, Ch. 313, L. 1977; R.C.M. 1947, 42-421; amd. Sec. 2173, Ch. 56, L. 2009.

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70-24-305. Transfer of premises by tenant. A tenant who vacates a dwelling unit 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.

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History: En. Sec. 4, Ch. 222, L. 1993; amd. Sec. 2, Ch. 267, L. 2007.

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70-24-306 through 70-24-310 reserved.

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70-24-311. 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:

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(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 must or must 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 it at the time that the tenant enters into the rental agreement or when it 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 works a substantial modification of the tenant's bargain, it is not valid until 7 days after written notice to the tenant in the case of a week to week tenancy or 30 days' written notice in the case of tenancies from month to month.

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History: En. 42-423 by Sec. 23, Ch. 313, L. 1977; R.C.M. 1947, 42-423; amd. Sec. 3, Ch. 470, L. 1993; amd. Sec. 5, Ch. 487, L. 1993; amd. Sec. 1, Ch. 389, L. 1995.

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70-24-312. Access to premises by landlord. 

 

(1) A tenant may not unreasonably withhold consent to the landlord or the landlord's agent to enter into the dwelling unit in order to inspect the premises, make necessary or agreed repairs, decorations, alterations, or improvements, supply necessary or agreed services, or exhibit the dwelling unit to prospective or actual purchasers, mortgagees, tenants, workers, or contractors.

 

(2) A landlord may enter the dwelling unit without consent of the tenant in the case of an emergency.

 

(3) 

(a) A landlord may not abuse the right of access or use it to harass the tenant. Except in the case of an 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.

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(b) For the purposes of this subsection (3), in addition to the provisions of 70-24-108, 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:

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(a) pursuant to court order;

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(b) as permitted by 70-24-425 and 70-24-426(2); or

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(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.

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History: En. 42-424 by Sec. 24, Ch. 313, L. 1977; R.C.M. 1947, 42-424; amd. Sec. 5, Ch. 222, L. 1993; amd. Sec. 2174, Ch. 56, L. 2009; amd. Sec. 5, Ch. 536, L. 2021.

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70-24-313. Repealed. Sec. 52, Ch. 267, L. 2007.

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History: En. Sec. 2, Ch. 487, L. 1993.

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70-24-314. Resident associations -- meetings. The membership of a resident association may elect officers of the association at a meeting at which a majority of the members are present. All residents may attend meetings.

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History: En. Sec. 3, Ch. 487, L. 1993; amd. Sec. 3, Ch. 267, L. 2007.

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70-24-315. Repealed. Sec. 52, Ch. 267, L. 2007.

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History: En. Sec. 4, Ch. 487, L. 1993.

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70-24-316 through 70-24-320 reserved.

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70-24-321. Tenant to maintain dwelling unit. 

 

(1) A tenant shall:

 

(a) comply with all obligations primarily imposed upon tenants by applicable provisions of building and housing codes materially affecting health and safety;

 

(b) keep that part of the premises that the tenant occupies and uses as reasonably clean and safe as the condition of the premises permits;

 

(c) dispose from the dwelling unit all ashes, garbage, rubbish, and other waste in a clean and safe manner;

 

(d) keep all plumbing fixtures in the dwelling unit or used by the tenant as clean as their condition permits;

 

(e) use in a reasonable manner all electrical, plumbing, sanitary, heating, ventilating, air-conditioning, and other facilities and appliances, including elevators, in the premises;

 

(f) conduct oneself and require other persons on the premises with the tenant's consent to conduct themselves in a manner, that will not disturb the tenant's neighbors' peaceful enjoyment of the premises; and

 

(g) use the parts of the premises, including the living room, bedroom, kitchen, bathroom, and dining room, in a reasonable manner, considering the purposes for which they were designed and intended. This section does not preclude the right of the tenant to operate a limited business or cottage industry on the premises, subject to state and local laws, if the landlord has consented in writing. The landlord may not unreasonably withhold consent if the limited business or cottage industry is operated within reasonable rules of the landlord.

 

(2) A tenant may not destroy, deface, damage, impair, or remove any part of the premises or permit any person to do so.

 

(3) A tenant may not engage or knowingly allow any person to engage in any activity on the premises that creates a reasonable potential that the premises may be damaged or destroyed or that neighboring tenants may be injured, including but not limited to any of the following activities:

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(a) criminal production or manufacture of dangerous drugs as prohibited by 45-9-110;

 

(b) operation of an unlawful clandestine laboratory as prohibited by 45-9-132;

 

(c) gang-related activities as prohibited by Title 45, chapter 8, part 4;

 

(d) unlawful possession of a firearm, explosive, or hazardous or toxic substance; or

 

(e) any activity that is otherwise prohibited by law.

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History: En. 42-422 by Sec. 22, Ch. 313, L. 1977; R.C.M. 1947, 42-422; amd. Sec. 6, Ch. 222, L. 1993; amd. Sec. 2, Ch. 408, L. 2003; amd. Sec. 2, Ch. 343, L. 2013.

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70-24-322. Tenant to occupy as dwelling unit only -- extended absence. 

 

(1) Unless otherwise agreed, a tenant shall occupy the tenant's dwelling unit only as a dwelling unit.

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(2) The rental agreement may require that the tenant notify the landlord of an anticipated extended absence from the premises in excess of 7 days no later than the first day of the extended absence.

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History: En. 42-425 by Sec. 25, Ch. 313, L. 1977; R.C.M. 1947, 42-425; amd. Sec. 2175, Ch. 56, L. 2009.

Part 4. Remedies

70-24-401. Administration of remedies -- enforcement. 

 

(1) The remedies provided by this chapter must be administered so that an aggrieved party may recover appropriate damages. The aggrieved party has a duty to mitigate damages. The aggrieved party may include a reasonable

charge for the party's labor.

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(2) A right or obligation declared by this chapter is enforceable by action unless the provision declaring it specifies a different and limited effect. Nothing in this chapter prohibits the assignment of a right or the claim of a right by either landlord or tenant. The landlord's or tenant's defenses and obligations may not be affected by an assignment.

 

(3) Rules and regulations that are not a part of this chapter and that affect the relationship between the landlord and tenant must be uniformly and fairly applied and enforced.

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History: En. 42-405 by Sec. 5, Ch. 313, L. 1977; R.C.M. 1947, 42-405; amd. Sec. 7, Ch. 222, L. 1993; amd. Sec. 6, Ch. 536, L. 2021.

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70-24-402. Settlement of disputed claim or right. A claim or right arising under this chapter or on a rental agreement, if disputed in good faith, may be settled by agreement.

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History: En. 42-406 by Sec. 6, Ch. 313, L. 1977; R.C.M. 1947, 42-406.

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70-24-403. Prohibited provision in rental agreement -- unenforceability -- damages. 

 

(1) A provision prohibited by 70-24-202 that is included in a rental agreement is unenforceable.

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(2) If a party purposefully uses a rental agreement containing provisions known by the party to be prohibited, the other party may recover, in addition to the other party's actual damages, an amount up to 3 months' periodic rent.

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History: En. 42-415 by Sec. 15, Ch. 313, L. 1977; R.C.M. 1947, 42-415(2); amd. Sec. 2176, Ch. 56, L. 2009.

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70-24-404. Unconscionability -- court discretion to refuse enforcement. 

 

(1) Except as provided in subsection (2), if the court, as a matter of law, finds that:

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(a) a rental agreement or any provision of the rental agreement is unconscionable, the court may refuse to enforce the agreement or enforce the remainder of the agreement without the unconscionable provision to avoid an unconscionable result; or

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(b) a settlement in which a party waives or agrees to forego a claim or right under this chapter or under a rental agreement is unconscionable, the court may refuse to enforce the settlement, enforce the remainder of the settlement without the unconscionable provision, or limit the application of any unconscionable provision to avoid an unconscionable result.

 

(2) A finding pursuant to subsection (1) may not be made based on a responsibility outlined in a rental agreement that:

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(a) a tenant maintain a dwelling unit in accordance with 70-24-321; or

 

(b) a landlord maintain the premises in accordance with 70-24-303.

 

(3) If unconscionability is put into issue by a party or by the court upon its own motion, the parties shall be afforded a reasonable opportunity to present evidence as to the setting, purpose, and effect of the rental agreement or settlement to aid the court in making the determination.

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History: En. 42-411 by Sec. 11, Ch. 313, L. 1977; R.C.M. 1947, 42-411; amd. Sec. 1, Ch. 236, L. 2021.

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70-24-405. Failure of landlord to deliver possession -- tenant's remedies.

 

(1) If the landlord fails to deliver possession of the dwelling unit to the tenant as provided in 70-24-302, rent abates until possession is delivered and the tenant may:

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(a) terminate the rental agreement upon at least 5 days' written notice to the landlord, and upon termination, the landlord shall return all prepaid rent and security; or

 

(b) demand performance of the rental agreement by the landlord and, if the tenant elects, maintain an action for possession of the dwelling unit against the landlord or a person wrongfully in possession and recover the actual damages sustained by the tenant.

 

(2) If a person's failure to deliver possession is purposeful and not in good faith, an aggrieved party may recover from that person an amount not more than 3 months' periodic rent or treble damages, whichever is greater.

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History: En. 42-427 by Sec. 27, Ch. 313, L. 1977; R.C.M. 1947, 42-427; amd. Sec. 2177, Ch. 56, L. 2009.

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70-24-406. Failure of landlord to maintain premises -- tenant's remedies. 

 

(1) Except as provided in this chapter, if there is a noncompliance with 70-24-303 affecting health and safety, the tenant may:

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(a) deliver a written notice to the landlord specifying the acts and omissions constituting the breach and that the rental agreement will terminate upon a date not less than 30 days after receipt of the notice if the breach is not remedied in 14 days. If the noncompliance results in a case of emergency and the landlord fails to remedy the situation within 3 working days after written notice by the tenant of the situation and the tenant's intention to terminate the rental agreement, the tenant may terminate the rental agreement. The rental agreement terminates as provided in the notice subject to the following exceptions:

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(i) if the breach is remediable by repairs, the payment of damages, or otherwise and the landlord adequately remedies the breach before the date specified in the notice, the rental agreement does not terminate by reason of the breach;

 

(ii) if substantially the same act or omission which constituted a prior noncompliance of which notice was given recurs within 6 months, the tenant may terminate the rental agreement upon at least 14 days' written notice specifying the breach and the date of termination of the rental agreement;

 

(iii) the tenant may not terminate for a condition caused by the tenant, a member of the tenant's family, or other persons on the premises with the tenant's consent.

 

(b) make repairs that do not cost more than 1 month's rent and deduct the cost from the rent if the tenant has given the landlord notice and the landlord has not made the repairs within a reasonable time. If the repair is required in a case of emergency and the landlord has not made the repairs, the tenant may have repairs made only by a person qualified to make the repairs.

 

(2) Except as provided in this chapter, the tenant may recover actual damages and obtain injunctive relief for any noncompliance by the landlord with the rental agreement or 70-24-303.

 

(3) The remedy provided in subsection (2) of this section is in addition to a right of the tenant arising under subsection (1).

 

(4) If the rental agreement is terminated, the landlord shall return all security recoverable by the tenant pursuant to chapter 25 of this title.

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History: En. 42-426 by Sec. 26, Ch. 313, L. 1977; R.C.M. 1947, 42-426; amd. Sec. 8, Ch. 222, L. 1993.

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70-24-407. Damages for minor violations by landlord. If the landlord fails to comply with the rental agreement or 70-24-303 and the reasonable cost of compliance is less than the 1 month's rent, the tenant may recover damages for the breach under 70-24-406(2).

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History: En. 42-428 by Sec. 28, Ch. 313, L. 1977; R.C.M. 1947, 42-428.

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70-24-408. Purposeful or negligent failure to provide essential services -- tenant's remedies.

 

 (1) If contrary to the rental agreement or 70-24-303 the landlord purposefully or negligently fails to supply heat, running water, hot water, electric, gas, or other essential services, the tenant may give written notice to the landlord specifying the breach and may:

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(a) procure reasonable amounts of heat, hot water, running water, electricity, gas, and other essential services during the period of the landlord's noncompliance and deduct their actual and reasonable cost from the rent;

 

(b) recover damages based upon the diminution in the fair rental value of the dwelling unit; or

 

(c) procure reasonable substitute housing during the period of the landlord's noncompliance, in which case the tenant is excused from paying rent for the period of the landlord's noncompliance.

 

(2) If the tenant proceeds under this section, the tenant may not proceed under 70-24-406 or 70-24-407 as to that breach.

 

(3) Rights of the tenant under this section do not arise until the tenant has given notice to the landlord and the landlord has had a reasonable opportunity to correct the conditions or if the conditions were caused by the act or omission of the tenant, a member of the tenant's family, or any other person on the premises with the tenant's consent.

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History: En. 42-429 by Sec. 29, Ch. 313, L. 1977; R.C.M. 1947, 42-429; amd. Sec. 2178, Ch. 56, L. 2009.

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70-24-409. Fire or casualty damage -- rights of tenant. 

 

(1) If the dwelling unit or premises are damaged or destroyed by fire or casualty to an extent that enjoyment of the dwelling unit is substantially impaired, the tenant may:

 

(a) immediately vacate the premises and notify the landlord in writing within 14 days of the tenant's intention to terminate the rental agreement, in which case the rental agreement terminates as of the date of vacating; or

 

(b) if continued occupancy is lawful, vacate any part of the dwelling unit rendered unusable by the fire or casualty, in which case the tenant's liability for rent is reduced in proportion to the diminution in the fair rental value of the dwelling unit.

 

(2) This section does not apply when the fire and casualty damage was caused by the purposeful or negligent act of the tenant or the tenant's family or guests.

 

(3) If the rental agreement is terminated, the landlord shall return all security recoverable pursuant to Title 70, chapter 25, and all prepaid rent. Accounting for rent in the event of termination or apportionment must be made as of the date of the fire or casualty.

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History: En. 42-431 by Sec. 31, Ch. 313, L. 1977; R.C.M. 1947, 42-431; amd. Sec. 2179, Ch. 56, L. 2009.