In general, a landlord in Montana has to repair any issues at a rental property that could affect a tenant’s health or safety. The landlord must repair issues within 14 days of getting written notice from the tenant about the needed repairs.
Montana Landlord Responsibilities for Repairs
Montana landlords are responsible for keeping all of the following in good working condition:
- Plumbing.
- Sanitary facilities.
- Required utilities.
- Heating (in winter).
- Hot water.
- Garbage removal.
- Required smoke alarms and carbon monoxide (CO) detectors.
- Provided appliances.
- Common areas.
- Features that affect health, safety, or habitability.
If any of the above stops working properly, and the tenant isn’t at fault for the damage, the landlord is the one responsible for making the repairs necessary to fix it.
What Repairs Are Tenants Responsible for in Montana?
Montana tenants are responsible for repairing any damage they cause to the property which affects health and safety.
On a case by case basis, the landlord and tenant can agree in writing for the tenant to handle specific maintenance. For single-family homes and duplexes only, this can include basic repair obligations like keeping the property up to code.
Requesting Repairs in Montana
Montana tenants must request repairs by providing the landlord written notice about the issue that needs repair. To reserve the relevant legal options, the tenant must also Montana actions they might take if the landlord does not make timely repairs, such as canceling the lease altogether.
An example of language a tenant might use to Montana these intentions is: “If the issue isn’t fixed, the renter may exercise his right to cancel the rental agreement 14 or more days from today.”
How Long Does a Landlord Have To Make Repairs in Montana?
Montana landlords have 14 days to make repairs after getting proper written notice about an issue from the tenant. This is shortened to 3 business days in the case of an emergency situation.
Can the Landlord Refuse To Make Repairs in Montana?
Montana landlords cannot refuse to make repairs that are their responsibility. However, refusal to repair does not excuse the renter failing to keep the terms of the rental agreement. For example, a landlord who fails to repair can still evict for the tenant’s failure to pay rent.
Do Landlords Have To Pay for Alternative Accommodation During Repairs in Montana?
Montana landlords are not required to pay for alternative accommodation while they conduct repairs. However, a situation that requires the tenant to move out for repairs may be a constructive eviction that lets the tenant end the lease and stop paying rent after moving out.
Tenant’s Rights if Repairs Aren’t Made in Montana
Montana tenants can cancel the rental agreement if the landlord doesn’t make timely repairs, in many situations. They might also sue for damages or get an injunction to force repairs as well as repairing and deducting the cost from the rent.
Can the Tenant Withhold Rent in Montana?
Montana tenants are not allowed to unilaterally withhold rent. To receive a legal excuse from paying the rent, a tenant must have a court order.
Can the Tenant Repair and Deduct in Montana?
Montana tenants can arrange for repairs and deduct the cost from rent, for health and safety issues the landlord hasn’t fixed within a reasonable time after notice. The total cost must be under one month’s rent. If the repair is made in an emergency situation, it must be professionally done.
Can the Tenant Break Their Lease in Montana?
Montana tenants can break their lease 14 after written notice, for failure to repair issues that weren’t the tenant’s responsibility or other uncorrected breaches of the rental agreement.
Tenants can move out and break their lease immediately, when the property is destroyed or severely damaged by an action that wasn’t the tenant’s fault (for example, a hurricane). The tenant in this case must notify the landlord within 14 days that the rental agreement has ended.
Can the Tenant Sue in Montana?
Montana tenants can sue to force repairs or recover monetary damages, when the landlord doesn’t make timely repairs after proper notice.
Can the Tenant Report the Landlord in Montana?
Montana tenants can report landlords for code violations that affect health or safety. Tenants should usually report to the local inspections or code enforcement department. If an inspecting officer finds a violation, the tenant could cancel the rental agreement, or sue to force repairs.
Landlord Retaliation in Montana
It’s illegal for Montana landlords to retaliate with raised rent, reduced services, or threatened eviction against tenants who have taken one of the following protected actions in the past six months:
- Complaining to the landlord or the government about failure to maintain the property.
- Participating in a tenant organization.
- Pursuing rights or remedies given by the law or lease.
The law allows an exception when the landlord can prove a non-retaliatory, good-faith reason for the alleged retaliatory action. For example, a landlord can evict a tenant who is damaging the property, even if the tenant reports the damage to code compliance authorities.
Sources
- 1 Mont. Code Ann. § 70-24-406(1)(a) (2022)
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“Except as provided in this chapter, if there is a noncompliance with 70-24-303 [landlord maintenance responsibilities] affecting health and safety, the tenant may 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.”
Source Link - 2 Mont. Code Ann. 70-24-303(1)(a)-(1)(c) (2022)
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“Subject to 27-1-1603 [limitation of liability in COVID-19 cases except for gross negligence or intentional tort], a landlord: (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 [tenant responsibilities]; [and] (c) shall keep all common areas of the premises in a clean and safe condition.”
Source Link - 3 Mont. Code Ann. 70-24-303(1)(d)-(1)(f) (2022)
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“[A landlord] (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; [and] (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.”
Source Link - 4 Mont. Code Ann. § 70-24-406(1)(a)(i)-(1)(a)(iii) (2022)
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“The rental agreement terminates as provided in the [tenant’s] notice subject to the following exceptions: (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.”
Source Link - 5 Mont. Code Ann. 70-24-303(3) & (4) (2022)
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“(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) [trash, heating, hot water] 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: (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; (b) the work is not necessary to cure noncompliance with subsection (1)(a) [code compliance]; and (c) the agreement does not diminish the obligation of the landlord to other tenants in the premises.”
Source Link - 6 Mont. Code Ann. § 70-24-431(4) (2022)
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“(4) Subsections (1), (2), and (3) [prohibiting landlord retaliation] 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 dwelling unit.”
Source Link - 7 Sewell v. Hukill, 138 Mont. 242, 246-47 (Mont. 1960) (internal citations omitted)
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“Two distinct factors must exist before a tenant can claim that he was constructively evicted. They are: (1) An act or omission by the landlord, or someone acting under his authority, which permanently interferes with the tenant’s beneficial enjoyment or use of the leased premises; and (2) An abandonment of possession by the tenant within a reasonable time. This court has held that a breach of a covenant for quiet enjoyment can be such an act or omission on the part of the landlord which permanently interferes with the tenant’s beneficial enjoyment of the premises so as to justify the tenant’s abandonment before the lease has expired.”
Source Link - 8 Mont. Code Ann. § 70-24-406(2) & (3) (2022)
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“(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 [landlord maintenance responsibilities].
“(3) The remedy provided in subsection (2) of this section is in addition to a right of the tenant arising under subsection (1) [canceling lease + repair/deduct].”
Source Link - 9 Mont. Code Ann. § 70-24-406(1)(b) (2022)
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“Except as provided in this chapter, if there is a noncompliance with 70-24-303 [landlord maintenance responsibilities] affecting health and safety, the tenant may 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.”
Source Link - 10 Mont. Code Ann. § 70-24-409(1)(a) (2022)
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“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 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.”
Source Link - 11 Mont. Code Ann. § 70-24-431(1) & (2) (2022)
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“(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 70-24-303 [legal duties of landlord to the tenant]; or (c) has organized or become a member of a tenant’s union or similar organization.
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“(2) If the landlord acts in violation of subsection (1) of this section, the tenant is entitled to the remedies provided in 70-24-411 [recover possession, recover greater of 3x rent/damages] and has a defense in any retaliatory action against the tenant for possession.” - 12 Mont. Code Ann. § 70-24-431(3) (2022)
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“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 section, ‘rebuttable presumption’ means that the trier of fact is required to find the existence of the fact presumed unless and until evidence is introduced that would support a finding of its nonexistence.”
Source Link - 13 Mont. Code Ann. § 70-24-431(4) (2022)
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“(4) Subsections (1), (2), and (3) [prohibiting landlord retaliation] 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 dwelling unit.”
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