reglab/housing_qa huggingface dataset:
MT Code § 70-24-101 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 24. Residential Landlord and Tenant Act of 1977|Part 1. General Provisions|70-24-101. Short title

  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.
MT Code § 70-24-102 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 24. Residential Landlord and Tenant Act of 1977|Part 1. General Provisions|70-24-102. Purposes -- liberal construction to promote

  70-24-102. Purposes -- liberal construction to promote. (1) This chapter shall be liberally construed and applied to promote its underlying purposes and policies.   (2) Underlying purposes and policies of this chapter are to:   (a) simplify, clarify, modernize, and revise the law governing the rental of dwelling units and the rights and obligations of landlords and tenants; and   (b) encourage landlords and tenants to maintain and improve the quality of housing.   History: En. 42-402 by Sec. 2, Ch. 313, L. 1977; R.C.M. 1947, 42-402.
MT Code § 70-24-104 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 24. Residential Landlord and Tenant Act of 1977|Part 1. General Provisions|70-24-104. Exclusions from application of chapter

  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:   (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.   History: En. 42-408 by Sec. 8, Ch. 313, L. 1977; R.C.M. 1947, 42-408; amd. Sec. 1, Ch. 282, L. 2003.
MT Code § 70-24-105 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 24. Residential Landlord and Tenant Act of 1977|Part 1. General Provisions|70-24-105. Supplementary principles of law applicable

  70-24-105. 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.   History: En. 42-403 by Sec. 3, Ch. 313, L. 1977; R.C.M. 1947, 42-403.
MT Code § 70-24-106 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 24. Residential Landlord and Tenant Act of 1977|Part 1. General Provisions|70-24-106. Construction against implicit repeal

  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.   History: En. 42-404 by Sec. 4, Ch. 313, L. 1977; R.C.M. 1947, 42-404.
MT Code § 70-24-107 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 24. Residential Landlord and Tenant Act of 1977|Part 1. General Provisions|70-24-107. Territorial application

  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.   History: En. 42-407 by Sec. 7, Ch. 313, L. 1977; R.C.M. 1947, 42-407.
MT Code § 70-24-108 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 24. Residential Landlord and Tenant Act of 1977|Part 1. General Provisions|70-24-108. What constitutes notice

  70-24-108. What constitutes notice. (1) A person has notice of a fact if any of the following is true:   (a) the person has actual knowledge of it;   (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;   (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.   (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.   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.
MT Code § 70-24-109 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 24. Residential Landlord and Tenant Act of 1977|Part 1. General Provisions|70-24-109. Obligation of good faith

  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.   History: En. 42-410 by Sec. 10, Ch. 313, L. 1977; R.C.M. 1947, 42-410.
MT Code § 70-24-110 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 24. Residential Landlord and Tenant Act of 1977|Part 1. General Provisions|70-24-110. Landlords and tenants -- no firearm prohibition allowed

  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.   History: En. Sec. 6, Ch. 332, L. 2009.
MT Code § 70-24-111 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 24. Residential Landlord and Tenant Act of 1977|Part 1. General Provisions|70-24-111. Notice of no contact

  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.   History: En. Sec. 1, Ch. 297, L. 2015.
MT Code § 70-24-112 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 24. Residential Landlord and Tenant Act of 1977|Part 1. General Provisions|70-24-112. Application of security deposit laws

  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.  History: En. Sec. 1, Ch. 235, L. 2021.
MT Code § 70-24-113 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 24. Residential Landlord and Tenant Act of 1977|Part 1. General Provisions|70-24-113. Removal of unauthorized person or trespasser

  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:   (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).   History: En. Sec. 1, Ch. 536, L. 2021.
MT Code § 70-24-201 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 24. Residential Landlord and Tenant Act of 1977|Part 2. Rental Agreements|70-24-201. Rental agreement -- terms and conditions

  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:   (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).   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.
MT Code § 70-24-202 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 24. Residential Landlord and Tenant Act of 1977|Part 2. Rental Agreements|70-24-202. Prohibited provisions in rental agreements

  70-24-202. Prohibited provisions in rental agreements. A rental agreement may not provide that a party:   (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.   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.
MT Code § 70-24-203 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 24. Residential Landlord and Tenant Act of 1977|Part 2. Rental Agreements|70-24-203. Agreement not to permit receipt of rent free of obligation

  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.   History: En. 42-416 by Sec. 16, Ch. 313, L. 1977; R.C.M. 1947, 42-416.
MT Code § 70-24-204 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 24. Residential Landlord and Tenant Act of 1977|Part 2. Rental Agreements|70-24-204. Effect of unsigned or undelivered rental agreement

  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.   (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.
MT Code § 70-24-205 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 24. Residential Landlord and Tenant Act of 1977|Part 2. Rental Agreements|70-24-205. Extension of written rental agreements

  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.
MT Code § 70-24-301 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 24. Residential Landlord and Tenant Act of 1977|Part 3. Rights and Duties of the Parties|70-24-301. Duty to disclose name of person responsible

  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:   (a) the person authorized to manage the premises; and   (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.   (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.   (3) A person who fails to comply with subsection (1) becomes an agent of each person who is a landlord for the purpose of:   (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.   History: En. 42-418 by Sec. 18, Ch. 313, L. 1977; R.C.M. 1947, 42-418; amd. Sec. 2172, Ch. 56, L. 2009.
MT Code § 70-24-302 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 24. Residential Landlord and Tenant Act of 1977|Part 3. Rights and Duties of the Parties|70-24-302. Landlord to deliver possession of dwelling unit

  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.   (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.   History: En. 42-419 by Sec. 19, Ch. 313, L. 1977; R.C.M. 1947, 42-419; amd. Sec. 3, Ch. 222, L. 1993.
MT Code § 70-24-304 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 24. Residential Landlord and Tenant Act of 1977|Part 3. Rights and Duties of the Parties|70-24-304. Transfer of premises or termination of management -- relief from liability

  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.   History: En. 42-421 by Sec. 21, Ch. 313, L. 1977; R.C.M. 1947, 42-421; amd. Sec. 2173, Ch. 56, L. 2009.
MT Code § 70-24-305 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 24. Residential Landlord and Tenant Act of 1977|Part 3. Rights and Duties of the Parties|70-24-305. Transfer of premises by tenant

  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.   History: En. Sec. 4, Ch. 222, L. 1993; amd. Sec. 2, Ch. 267, L. 2007.
MT Code § 70-24-306 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 24. Residential Landlord and Tenant Act of 1977|Part 3. Rights and Duties of the Parties|70-24-306. through 70-24-310 reserved

  70-24-306 through 70-24-310 reserved.
MT Code § 70-24-311 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 24. Residential Landlord and Tenant Act of 1977|Part 3. Rights and Duties of the Parties|70-24-311. Landlord authorized to adopt rules

  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:   (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.   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.
MT Code § 70-24-312 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 24. Residential Landlord and Tenant Act of 1977|Part 3. Rights and Duties of the Parties|70-24-312. Access to premises by landlord

  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.   (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:   (a) pursuant to court order;   (b) as permitted by 70-24-425 and 70-24-426(2); or   (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.   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.
MT Code § 70-24-313 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 24. Residential Landlord and Tenant Act of 1977|Part 3. Rights and Duties of the Parties|70-24-313. Repealed

  70-24-313. Repealed. Sec. 52, Ch. 267, L. 2007.   History: En. Sec. 2, Ch. 487, L. 1993.
MT Code § 70-24-314 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 24. Residential Landlord and Tenant Act of 1977|Part 3. Rights and Duties of the Parties|70-24-314. Resident associations -- meetings

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