This chapter shall be known and may be cited as the Residential Landlord and Tenant Act of 1977.
The underlying purposes and policies of this chapter are: (1) to simplify, clarify, modernize, and revise the law governing the rental of dwelling units and the rights and obligations of landlord and tenant; (2) to encourage landlord and tenant to maintain and improve the quality of housing; and (3) to make uniform the law with respect to the subject of this chapter among those states which enact it.
Key definitions include: 'Dwelling unit' means a structure or part of a structure used as a home or residence by one or more persons maintaining a household. 'Good faith' means honesty in fact in the conduct concerned. 'Landlord' means the owner, lessor, or sublessor of the dwelling unit or the building of which it is a part, and also a manager of the premises who fails to disclose as required. 'Premises' means a dwelling unit and the structure of which it is a part, including facilities and appurtenances and grounds held out for tenants. 'Rent' means payments to be made to the landlord under the rental agreement. 'Rental agreement' means all written or verbal agreements embodying the terms and conditions concerning the use and occupancy of a dwelling unit. 'Tenant' means a person entitled under a rental agreement to occupy a dwelling unit to the exclusion of others.
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.
A person has notice of a fact if the person has actual knowledge of it, has received notification of it, or from all facts and circumstances known to the person at the time in question, the person has reason to know it exists. A person gives notice or notification by taking steps reasonably calculated to inform the other person whether or not the other actually comes to know of it.
A landlord and tenant may include in a rental agreement terms and conditions not prohibited by this chapter or other rule of law. A rental agreement may not provide that the tenant waives rights or remedies under this chapter, agrees to pay the landlord's attorney fees, or agrees to limit the landlord's liability. A landlord may not require a tenant to provide an email address as a condition of the rental agreement. Month-to-month agreements may be terminated by either party on 30 days written notice for any reason. If a rental agreement is terminated without cause prior to its expiration, the receiving party is entitled to seek compensation of up to one month's rent.
A rental agreement may not provide that the tenant: (1) waives or foregoes rights or remedies under this chapter; (2) authorizes a person to confess judgment on a claim arising out of the rental agreement; (3) agrees to pay the landlord's attorney fees; (4) agrees to the exculpation or limitation of any liability of the landlord arising under law or to indemnify the landlord for that liability; or (5) agrees to waive the right to a jury trial. A provision prohibited by this section included in a rental agreement is void.
If a landlord does not sign and deliver a written rental agreement that has been signed and delivered by the tenant and accepts rent without reservation, the rental agreement as signed and delivered by the tenant is the agreement. If a rental agreement for a period longer than one year is unsigned, it is binding only for one year.
If a lease expires but the tenant continues to pay rent and the landlord continues to accept rent, the rental agreement continues as a standard month-to-month agreement unless otherwise specified in the lease.
The landlord or any person authorized to enter into a rental agreement on behalf of the landlord shall disclose to the tenant in writing at or before the commencement of the tenancy: (a) the name and address of the person authorized to manage the premises; and (b) the name and address of an owner of the premises or a person authorized to act for and on behalf of the owner for the purpose of service of process and for the purpose of receiving and receipting notices and demands. This information shall be kept current.
At the commencement of the term the landlord shall deliver possession of the premises to the tenant in compliance with the rental agreement and the landlord's duty to maintain fit premises. The landlord may bring an action for possession against any person wrongfully in possession and may recover the damages sustained.
The landlord shall: (a) comply with the requirements of applicable building and housing codes materially affecting health and safety; (b) not knowingly allow any tenant or other person to engage in activity on the premises that creates a reasonable potential that the premises may be damaged or destroyed or that neighboring tenants may be injured; (c) make repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition; (d) keep all common areas of the premises in a clean and safe condition including removing snow and ice; (e) maintain in good and safe working order and condition all electrical, plumbing, sanitary, heating, ventilating, air-conditioning, and other facilities and appliances supplied or required to be supplied by the landlord; (f) provide and maintain appropriate receptacles and conveniences for the removal of ashes, garbage, rubbish, and other waste; (g) supply running water and reasonable amounts of hot water at all times and reasonable heat between October 1 and May 1; (h) provide smoke detectors and carbon monoxide detectors. Landlord must maintain all appliances supplied as part of the rental agreement.
A tenant may not sublet their rental property unless: (1) they have written permission from their landlord; and (2) the subletting agreement is not longer than the period of the rental contract. A tenant who sublets retains all rights and responsibilities as a tenant but also takes on the rights and responsibilities of a landlord with respect to the subtenant.
A landlord may adopt rules or regulations concerning the tenant's use and occupancy of the premises. A rule or regulation is enforceable against the tenant only if: (1) its purpose is to promote the convenience, safety, or welfare of tenants; (2) it is reasonably related to the purpose for which it is adopted; (3) it applies to all tenants fairly; (4) it is sufficiently explicit to fairly inform tenants of what they must or must not do; (5) it is not for the purpose of evading the landlord's obligations; and (6) the tenant has notice at the time of entering into the rental agreement. Week-to-week tenants must receive 7 days' notice of rule changes; month-to-month tenants must receive 30 days' notice.
The tenant shall not unreasonably withhold consent to the landlord to enter the dwelling unit in order to inspect, make repairs, supply services, or exhibit the unit to prospective purchasers, tenants, or contractors. The landlord may enter without consent in case of emergency. Except in emergencies, the landlord shall give the tenant at least 24 hours' notice of intent to enter and enter only at reasonable times. The landlord shall not abuse the right of access or use it to harass the tenant.
The tenant shall: (1) comply with all obligations primarily imposed upon tenants by applicable building and housing codes materially affecting health and safety; (2) keep the dwelling unit as clean and safe as the condition of the premises permits; (3) dispose of all ashes, garbage, rubbish, and other waste in a clean and safe manner; (4) keep all plumbing fixtures as clean as their condition permits; (5) use in a reasonable manner all electrical, plumbing, sanitary, heating, ventilating, air-conditioning, and other facilities and appliances; (6) not deliberately or negligently destroy, deface, damage, impair, or remove any part of the premises or permit any person to do so; (7) conduct themselves and require others on the premises to conduct themselves in a manner that will not disturb neighbors' peaceful enjoyment.
If there is a material noncompliance by the landlord with the rental agreement or the landlord's duty to maintain fit premises materially affecting health and safety, the tenant may deliver a written notice specifying the breach and stating that the rental agreement will terminate on a date at least 30 days after receipt of the notice if not remedied within 14 days. For emergency conditions, the tenant must allow only 3 working days to remedy the problem. The rental agreement will not terminate if the landlord adequately remedies the breach before the date specified.
If the court finds a rental agreement or any provision thereof was unconscionable when made, the court may refuse to enforce the agreement, enforce the remainder without the unconscionable provision, or limit the application of any unconscionable provision to avoid an unconscionable result. Courts have considerable discretion in finding provisions unconscionable.
If the landlord fails to deliver possession of the dwelling unit, rent abates until possession is delivered and the tenant may: (1) upon at least 5 days' written notice to the landlord, terminate the rental agreement and recover all prepaid rent and security deposit; or (2) demand performance of the rental agreement by the landlord and recover damages sustained.
If the landlord fails to maintain the premises in habitable condition after written notice, the tenant may: (1) terminate the rental agreement; (2) repair the deficiency and deduct the cost from rent, not to exceed one month's periodic rent; (3) withhold rent in an escrow account if repair costs exceed one month's rent; or (4) recover damages. The repair-and-deduct remedy may not be exercised more than twice in any 12-month period.
If the landlord deliberately or negligently fails to supply running water, hot water, heat, or other essential services, the tenant may give written notice and then: (1) procure reasonable amounts of the services and deduct their actual cost from rent; (2) recover damages based on diminution of fair rental value; or (3) procure reasonable substitute housing and be excused from paying rent for that period.
Essential services include heat, running water, hot water, electricity, gas, and other services necessary for the tenant's health and safety. The landlord is required to ensure the tenant has access to these services in the rental unit.
If the dwelling unit is damaged or destroyed by fire or casualty to an extent that enjoyment of the dwelling unit is substantially impaired, the tenant may: (1) immediately vacate and notify the landlord in writing within 14 days of intention to terminate the rental agreement, whereupon the rental agreement terminates as of the date of vacating; or (2) if continued occupancy is lawful, vacate any part rendered unusable, with liability for rent reduced proportionally.
If the landlord unlawfully removes or excludes the tenant from the premises or willfully diminishes services to the tenant by interrupting essential services, the tenant may recover possession or terminate the rental agreement and, in either case, recover an amount not more than three months' periodic rent or treble the actual damages sustained, whichever is greater.
If there is material noncompliance by the tenant with the rental agreement or noncompliance with tenant obligations materially affecting health and safety, the landlord may deliver a written notice specifying the breach and that the rental agreement will terminate not less than 14 days after receipt if not remedied within 14 days. If substantially the same act or omission recurs within 6 months, the landlord may terminate the rental agreement upon 5 days' written notice.
If rent is unpaid when due and the tenant fails to pay within 3 business days after written notice by the landlord of nonpayment and the landlord's intention to terminate if rent is not paid, the landlord may terminate the rental agreement.
If the tenant abandons the dwelling unit, the landlord shall make reasonable efforts to re-rent the unit at a fair rental value. If the landlord re-rents the unit, the tenant is liable for any rent lost during the gap period plus reasonable re-renting costs. The landlord may retain the security deposit and apply it toward accrued rent and damages.
A landlord may not recover or take possession of the dwelling unit by action or otherwise, including willful diminution of services to the tenant by interrupting essential services, except in case of abandonment, surrender, or as permitted in this chapter. Self-help eviction is prohibited.
The landlord or tenant may terminate a week-to-week tenancy by written notice given at least 7 days prior to the termination date. The landlord or tenant may terminate a month-to-month tenancy by written notice given at least 30 days prior to the periodic rental date. If the tenant remains in possession without consent after expiration or termination of the rental agreement, the landlord may bring an action for possession and recover actual damages.
If the tenant refuses to allow lawful access, the landlord may obtain injunctive relief to compel access or terminate the rental agreement, and recover actual damages. If the landlord makes an unlawful entry or makes repeated demands for entry that have the effect of unreasonably harassing the tenant, the tenant may obtain injunctive relief or terminate the rental agreement, and recover actual damages not less than one month's rent.
A landlord may not retaliate by increasing rent, decreasing services, or bringing or threatening to bring an action for possession after: (1) the tenant has complained to a governmental agency about a building or housing code violation materially affecting health and safety; (2) the tenant has complained to the landlord of a violation of the landlord's duty to maintain fit premises; or (3) the tenant has organized or become a member of a tenant's union. Evidence of a complaint within 6 months prior to the alleged retaliation creates a presumption of retaliation.
If the landlord acts in violation of section 70-24-441, the tenant is entitled to the remedies provided for unlawful ouster. The court may also award reasonable attorney fees to the prevailing party.
Any money paid to the landlord to ensure performance of the rental agreement or any part thereof is a security deposit, regardless of what it is called, including pet deposits and cleaning fees. Security deposits are defined as value given in money or its equivalent. Non-refundable security deposits are not allowed under Montana law. Pet deposits are subject to all the same rules and regulations as security deposits.
Upon termination of the tenancy the landlord shall return the security deposit to the tenant within 10 days after the tenant vacates if no deductions are made, or within 30 days after the tenant vacates if deductions are made. The landlord may withhold from the security deposit only amounts reasonably necessary to remedy tenant defaults in payment of rent or to restore the premises to their condition at commencement of the tenancy, ordinary wear and tear excepted. Before deducting for cleaning, the landlord must provide written notice detailing what needs to be cleaned and give the tenant 24 hours to complete the cleaning.
At the beginning of the tenancy the landlord must provide the tenant with a written statement of the condition of the premises. The landlord must also provide a list of damage and cleaning charges assessed to the previous tenant upon the tenant's request. If the landlord fails to provide a statement of the condition of the premises, they relinquish their claim to withhold cleaning or damage charges from the security deposit. Without a written condition statement, the landlord must prove by clear and convincing evidence that the tenant caused the damage.
If the landlord fails to return the security deposit or provide an itemized statement within the applicable time period, the tenant may recover the property and money due together with damages in an amount equal to the amount wrongfully withheld and reasonable attorney fees.
A landlord may not prohibit a tenant who is legally entitled to possess a firearm from possessing a firearm in a rental unit if the tenant is legally entitled to possess the firearm.
It is unlawful for a landlord to refuse to rent, or to discriminate in the terms, conditions, or privileges of rental, on the basis of race, color, creed, religion, sex, age, marital status, familial status, national origin, or mental or physical disability. Exceptions apply when the landlord rents a room in their own house and rents no more than three rooms, or for housing that qualifies as housing for older persons.
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