reglab/housing_qa huggingface dataset:
MT Code § 70-24-427 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 24. Residential Landlord and Tenant Act of 1977|Part 4. Remedies|70-24-427. Landlord's remedies after termination -- action for possession

  70-24-427. Landlord's remedies after termination -- action for possession. (1) If the rental agreement is terminated, the landlord has a claim for possession and for rent and a separate claim for actual damages for any breach of the rental agreement.  (2) An action filed pursuant to subsection (1) in a court must be heard within 14 days after the tenant's appearance or the answer date stated in the summons, except that if the rental agreement is terminated because of noncompliance under 70-24-321(3), the action must be heard within 5 business days after the tenant's appearance or the answer date stated in the summons. If the action is appealed to the district court, the hearing must be held within 14 days after the case is transmitted to the district court, except that if the rental agreement is terminated because of noncompliance under 70-24-321(3), the hearing must be held within 5 business days after the case is transmitted to the district court.   (3) The landlord and tenant may stipulate to a continuance of the hearing beyond the time limit in subsection (2) without the necessity of an undertaking.   (4) In a landlord's action for possession filed pursuant to subsection (1), the court shall rule on the action within 5 days after the hearing. If a landlord's claim for possession is granted, the court shall issue a writ of possession and a writ of assistance immediately. The writ of assistance must be executed by the sheriff:   (a) within 5 business days of the sheriff receiving the writ of assistance, excluding of the date of receipt by the sheriff; or   (b) at a time no more than 5 business days after the sheriff receives the writ of assistance or as otherwise agreed to by the landlord and the sheriff.   History: En. 42-438 by Sec. 38, Ch. 313, L. 1977; R.C.M. 1947, 42-438; amd. Sec. 1, Ch. 585, L. 1993; amd. Sec. 4, Ch. 408, L. 2003; amd. Sec. 4, Ch. 343, L. 2013; amd. Sec. 2, Ch. 454, L. 2015; amd. Sec. 1, Ch. 517, L. 2021.
MT Code § 70-24-428 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 24. Residential Landlord and Tenant Act of 1977|Part 4. Remedies|70-24-428. Landlord's recovery of possession limited

  70-24-428. Landlord's recovery of possession limited. Except in the case of abandonment, surrender, or as permitted in this chapter, a landlord may not recover or take possession of the dwelling unit by action or otherwise, including purposeful diminution of services to the tenant by interrupting or causing the interruption of heat, running water, hot water, electricity, gas, or other essential services.   History: En. 42-439 by Sec. 39, Ch. 313, L. 1977; R.C.M. 1947, 42-439.
MT Code § 70-24-429 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 24. Residential Landlord and Tenant Act of 1977|Part 4. Remedies|70-24-429. Holdover remedies -- consent to continued occupancy -- tenant's response to service in action for possession

  70-24-429. Holdover remedies -- consent to continued occupancy -- tenant's response to service in action for possession. (1) If the tenant remains in possession without the landlord's consent after expiration of the term of the rental agreement or its termination, the landlord may bring an action for possession. If the tenant's holdover is purposeful and not in good faith, the landlord may recover an amount not more than 3 months' periodic rent or treble damages, whichever is greater.   (2) In an action for possession or unlawful holdover, the provisions of Title 25, chapter 23, apply, except that the time for filing an answer under Rule 4C(2)(b) is 10 days after service of summons and complaint, exclusive of the date of service.   (3) If the landlord consents to the tenant's continued occupancy, 70-24-201(2)(e) applies.   History: En. 42-440 by Sec. 40, Ch. 313, L. 1977; R.C.M. 1947, 42-440(3); amd. Sec. 1, Ch. 176, L. 1993.
MT Code § 70-24-431 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 24. Residential Landlord and Tenant Act of 1977|Part 4. Remedies|70-24-431. Retaliatory conduct by landlord prohibited

  70-24-431. Retaliatory conduct by landlord prohibited. (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; or   (c) has organized or become a member of a tenant's union or similar organization.   (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 and has a defense in any retaliatory action against the tenant for possession.   (3) 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.   (4) Subsections (1), (2), and (3) 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.   (5) The maintenance of an action under subsection (4) of this section does not release the landlord from liability under 70-24-405(2).   History: En. 42-442 by Sec. 42, Ch. 313, L. 1977; R.C.M. 1947, 42-442; amd. Sec. 6, Ch. 487, L. 1993; amd. Sec. 5, Ch. 267, L. 2007.
MT Code § 70-24-432 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 24. Residential Landlord and Tenant Act of 1977|Part 4. Remedies|70-24-432. Repealed

  70-24-432. Repealed. Sec. 52, Ch. 267, L. 2007.   History: En. Sec. 1, Ch. 483, L. 1999; amd. Sec. 3, Ch. 483, L. 1999; amd. Sec. 1, Ch. 90, L. 2005.
MT Code § 70-24-433 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 24. Residential Landlord and Tenant Act of 1977|Part 4. Remedies|70-24-433. through 70-24-435 reserved

  70-24-433 through 70-24-435 reserved.
MT Code § 70-24-436 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 24. Residential Landlord and Tenant Act of 1977|Part 4. Remedies|70-24-436. Repealed

  70-24-436. Repealed. Sec. 52, Ch. 267, L. 2007.   History: En. Sec. 2, Ch. 470, L. 1993; amd. Sec. 3, Ch. 389, L. 1995; amd. Sec. 4, Ch. 401, L. 1997; amd. Sec. 2, Ch. 456, L. 2001; amd. Sec. 119, Ch. 114, L. 2003.
MT Code § 70-24-437 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 24. Residential Landlord and Tenant Act of 1977|Part 4. Remedies|70-24-437. through 70-24-440 reserved

  70-24-437 through 70-24-440 reserved.
MT Code § 70-24-441 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 24. Residential Landlord and Tenant Act of 1977|Part 4. Remedies|70-24-441. Termination by landlord or tenant

  70-24-441. Termination by landlord or tenant. (1) The landlord or the tenant may terminate a week-to-week tenancy by a written notice given to the other at least 7 days before the termination date specified in the notice.   (2) The landlord or the tenant may terminate a month-to-month tenancy by giving to the other at any time during the tenancy at least 30 days' notice in writing prior to the date designated in the notice for the termination of the tenancy.   (3) The tenancy terminates on the date designated and without regard to the expiration of the period for which, by the terms of the tenancy, rents are to be paid. Unless otherwise agreed, rent is uniformly apportionable from day to day.   History: En. 42-440 by Sec. 40, Ch. 313, L. 1977; R.C.M. 1947, 42-440(1), (2); amd. Sec. 3, Ch. 456, L. 2001; amd. Sec. 6, Ch. 267, L. 2007.
MT Code § 70-24-442 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 24. Residential Landlord and Tenant Act of 1977|Part 4. Remedies|70-24-442. Attorney fees -- costs

  70-24-442. Attorney fees -- costs. (1) In an action on a rental agreement or arising under this chapter, reasonable attorney fees, together with costs and necessary disbursements, may be awarded to the prevailing party notwithstanding an agreement to the contrary.   (2) As used in this section, "prevailing party" means the party in whose favor final judgment is rendered.   History: En. 42-417 by Sec. 17, Ch. 313, L. 1977; R.C.M. 1947, 42-417.
MT Code § 70-25-101 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 25. Residential Tenants' Security Deposits|Part 1. General Provisions|70-25-101. Definitions

  70-25-101. Definitions. As used in this chapter, the following definitions apply:   (1) "Cleaning expenses" means the actual and necessary cost of cleaning done by an owner or the owner's selected representative for cleaning needs not attributable to normal wear brought about by the tenant's failure to bring the premises to the condition it was at the time of renting.   (2) "Damage" means any and all tangible loss, injury, or deterioration of a leasehold premises caused by the willful or accidental acts of the tenant occupying the leasehold premises or by the tenant's family, licensees, or invitees, as well as any and all tangible loss, injury, or deterioration resulting from the tenant's omissions or failure to perform any duty imposed upon the tenant by law with respect to the leasehold.   (3) "Leasehold premises" means the premises occupied by the tenant together with all common areas, recreational facilities, parking areas, and storage facilities to which the tenant has access, as well as all personal property owned or controlled by the landlord the use of which is permitted to the tenant.   (4) "Security deposit" means value given, in money or its equivalent, to secure the payment of rent by the tenant under a leasehold agreement or to secure payment for damage to and cleaning of the leasehold premises. If a leasehold agreement or an agreement incident to a leasehold agreement requires the tenant or prospective tenant to provide or maintain in effect any deposit to the landlord for part or all of the term of the leasehold agreement, the deposit must be presumed to be a security deposit. A fee or charge for cleaning and damages, no matter how designated, is presumed to be a security deposit.   History: En. 42-301 by Sec. 1, Ch. 219, L. 1974; amd. Sec. 1, Ch. 297, L. 1977; R.C.M. 1947, 42-301; amd. Sec. 1, Ch. 505, L. 1991; amd. Sec. 2181, Ch. 56, L. 2009.
MT Code § 70-25-102 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 25. Residential Tenants' Security Deposits|Part 1. General Provisions|70-25-102. Application of chapter

  70-25-102. Application of chapter. This chapter applies to all rentals of dwellings, including mobile homes but excluding property of public housing authorities.   History: En. 42-302 by Sec. 2, Ch. 219, L. 1974; R.C.M. 1947, 42-302.
MT Code § 70-25-103 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 25. Residential Tenants' Security Deposits|Part 1. General Provisions|70-25-103. Waivers and contrary provisions invalid

  70-25-103. Waivers and contrary provisions invalid. Any provision of a leasehold agreement, either oral or written, that is contrary to this chapter is invalid. Any attempted waiver of this chapter by the tenant is invalid.   History: En. 42-309 by Sec. 9, Ch. 219, L. 1974; R.C.M. 1947, 42-309; amd. Sec. 13, Ch. 115, L. 1979.
MT Code § 70-25-201 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 25. Residential Tenants' Security Deposits|Part 2. Rights and Duties|70-25-201. Security deposit -- deductions authorized therefrom

  70-25-201. Security deposit -- deductions authorized therefrom. (1) A landlord renting property covered by this chapter may deduct from the security deposit a sum equal to the damage alleged to have been caused by the tenant, together with a sum equal to the unpaid rent, late charges, utilities, penalties due under lease provisions, and other money owing to the landlord at the time of deduction, including rent owed under 70-24-441(3), and a sum for actual cleaning expenses, including a reasonable charge for the landlord's labor.  (2) At the request of either party, the premises may be inspected within 1 week prior to termination of the tenancy.   (3) Cleaning charges may not be imposed for normal maintenance performed on a cyclical basis by the landlord as noted by the landlord at the time that the tenant occupies the space unless the landlord is forced to perform this maintenance because of negligence of the tenant. Additionally, cleaning charges may not be deducted until written notice has been given to the tenant. The notice must include the cleaning not accomplished by the tenant and the additional and type or types of cleaning that need to be done by the tenant to bring the premises back to its condition at the time of its renting. After the delivery of the notice, the tenant has 24 hours to complete the required cleaning. If notice is mailed by certified mail, service of the notice is considered to have been made 3 days after the date of the mailing. A tenant who fails to notify the landlord of the intent to vacate or who vacates the premises without notice relieves the landlord of the requirement of giving notice and allows the landlord to deduct the cleaning charges from the deposit, or the landlord may leave a copy of the notice in a conspicuous location in the rental unit and notify the tenant by e-mail, phone, or text, and notice is considered delivered.   (4) A person may not deduct or withhold from the security deposit any amount for purposes other than those set forth in this section.   History: En. 42-303 by Sec. 3, Ch. 219, L. 1974; amd. Sec. 2, Ch. 297, L. 1977; R.C.M. 1947, 42-303; amd. Sec. 14, Ch. 115, L. 1979; amd. Sec. 2, Ch. 505, L. 1991; amd. Sec. 1, Ch. 342, L. 1993; amd. Sec. 4, Ch. 389, L. 1995; amd. Sec. 5, Ch. 401, L. 1997; amd. Sec. 9, Ch. 536, L. 2021.
MT Code § 70-25-202 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 25. Residential Tenants' Security Deposits|Part 2. Rights and Duties|70-25-202. List of damages and refund -- delivery to departing tenant

  70-25-202. List of damages and refund -- delivery to departing tenant. (1) Every landlord, within 30 days subsequent to the termination of a tenancy or within 30 days subsequent to a surrender and acceptance of the leasehold premises, whichever occurs first, shall provide the departing tenant with a written list of any rent due and any damage and cleaning charges, brought after the provisions of 70-25-201 have been followed, with regard to the leasehold premises that the landlord alleges are the responsibility of the tenant. Delivery of the list must be accompanied by payment of the difference, if any, between the security deposit and the permitted charges set forth in 70-25-201. Delivery must be accomplished by mailing the list and refund to the new address provided by the tenant or, if a new address is not provided, to the tenant's last-known address.   (2) If after inspection there are no damages to the premises, no cleaning required, and no rent unpaid and if the tenant can demonstrate that no utilities are unpaid by the tenant, the landlord shall return the security deposit within 10 days by mailing it to the new address provided by the tenant or, if a new address is not provided, to the tenant's last-known address.   (3) It is not a wrongful withholding of security deposit funds if the landlord mails the funds to the last-known address of a tenant who has departed and the tenant does not receive the funds because the tenant has not given the landlord the tenant's new address, but the landlord remains liable to the tenant for the amount due the tenant.   History: En. 42-304 by Sec. 4, Ch. 219, L. 1974; amd. Sec. 3, Ch. 297, L. 1977; R.C.M. 1947, 42-304; amd. Sec. 3, Ch. 505, L. 1991; amd. Sec. 1, Ch. 241, L. 2001.
MT Code § 70-25-203 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 25. Residential Tenants' Security Deposits|Part 2. Rights and Duties|70-25-203. Failure to provide list -- forfeiture of deduction rights

  70-25-203. Failure to provide list -- forfeiture of deduction rights. Any landlord who fails to provide the departing tenant with a written list of damage and cleaning charges as required by 70-25-202 shall forfeit all rights to withhold any portion of the security deposit for the damages or cleaning charges.   History: En. 42-305 by Sec. 5, Ch. 219, L. 1974; amd. Sec. 4, Ch. 297, L. 1977; R.C.M. 1947, 42-305.
MT Code § 70-25-204 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 25. Residential Tenants' Security Deposits|Part 2. Rights and Duties|70-25-204. Wrongful withholding of security deposit -- action

  70-25-204. Wrongful withholding of security deposit -- action. (1) A person who wrongfully withholds a residential property security deposit or any portion of the deposit is liable in damages to the tenant in a civil action for an amount equal to the sum determined to have been wrongfully withheld or deducted. The attorney fees may be awarded the prevailing party at the discretion of the court. The burden of proof of damages caused by the tenant to the leasehold premises is on the landlord.   (2) An action may not be maintained by a tenant for any amount wrongfully withheld or deducted prior to:   (a) the tenant's receipt from the landlord or the landlord's agent of a written denial of the sum alleged to be wrongfully detained;   (b) the expiration of a 30-day period after the termination of a tenancy;   (c) the expiration of a 30-day period after surrender and acceptance of the leasehold premises; or   (d) the expiration of a 10-day period after the landlord has indicated there were no damages to the premises, no cleaning was required, no rent was unpaid, and no utilities were unpaid by the tenant.   History: En. 42-306 by Sec. 6, Ch. 219, L. 1974; R.C.M. 1947, 42-306; amd. Sec. 4, Ch. 505, L. 1991; amd. Sec. 2, Ch. 342, L. 1993.
MT Code § 70-25-205 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 25. Residential Tenants' Security Deposits|Part 2. Rights and Duties|70-25-205. Failure of departing tenant to furnish new address

  70-25-205. Failure of departing tenant to furnish new address. Failure by the departing tenant to provide the landlord with a new address in writing upon termination of the tenancy or upon surrender and acceptance of the leasehold premises, whichever occurs first, does not bar the tenant from recovering the amount owing to the tenant by the landlord.   History: En. 42-307 by Sec. 7, Ch. 219, L. 1974; R.C.M. 1947, 42-307; amd. Sec. 3, Ch. 342, L. 1993; amd. Sec. 2, Ch. 241, L. 2001.
MT Code § 70-25-206 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 25. Residential Tenants' Security Deposits|Part 2. Rights and Duties|70-25-206. Landlord to furnish statement of condition of premises at beginning of lease

  70-25-206. Landlord to furnish statement of condition of premises at beginning of lease. (1) Any person engaged in the rental of property for residential purposes who requires a security deposit shall furnish to each tenant, in conjunction with execution of a lease or creation of a tenancy, a separate written statement as to the present condition of the premises intended to be let. At the written request of the tenant, a copy of the written list of damage and cleaning charges, if any, provided to the tenant of the immediately preceding leasehold agreement for the premises in question must be provided to the tenant.   (2) Each written statement of the present condition of a premises intended to be let shall contain at least the following:   (a) a clear and concise statement of the present condition of the premises known to the landlord or the landlord's agent or which should have been known upon reasonable inspection;   (b) if the premises have never previously been let, a statement indicating the fact; and   (c) the signature of the landlord or the landlord's agent.   (3) A person engaged in the rental of property for residential purposes who fails to furnish a tenant, in conjunction with the execution of the lease or creation of the tenancy, with a separate written statement of the present condition of the premises intended to be let and, upon the written request of the tenant, a written list of damage and cleaning charges provided to the tenant of the immediately preceding leasehold agreement is barred from recovering any sum for damage to or cleaning of the leasehold premises unless the person can establish by clear and convincing evidence that the damage occurred during the tenancy in question and was caused by the tenant occupying the leasehold premises or the tenant's family, licensees, or invitees.   History: En. 42-308 by Sec. 8, Ch. 219, L. 1974; amd. Sec. 5, Ch. 297, L. 1977; R.C.M. 1947, 42-308; amd. Sec. 5, Ch. 505, L. 1991; amd. Sec. 4, Ch. 342, L. 1993.
MT Code § 70-26-101 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 26. Landlord and Tenant Residential and Commercial|Part 1. Residential and Commercial|70-26-101. Letting of parts of rooms prohibited

  70-26-101. Letting of parts of rooms prohibited. A person who hires part of a room for a dwelling is entitled to the whole of the room, notwithstanding any agreement to the contrary, and if a landlord lets a room as a dwelling for more than one family, the person to whom the landlord first lets any part of it is entitled to the possession of the whole room for the term agreed upon, and every tenant in the building under the same landlord is relieved from all obligation to pay rent to the landlord while the double letting of any room continues.   History: En. Sec. 2629, Civ. C. 1895; re-en. Sec. 5235, Rev. C. 1907; re-en. Sec. 7750, R.C.M. 1921; Cal. Civ. C. Sec. 1950; Based on Field Civ. C. Sec. 998; re-en. Sec. 7750, R.C.M. 1935; R.C.M. 1947, 42-210; amd. Sec. 2182, Ch. 56, L. 2009.
MT Code § 70-26-102 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 26. Landlord and Tenant Residential and Commercial|Part 1. Residential and Commercial|70-26-102. Transferee of rental property to have same rights as transferor

  70-26-102. Transferee of rental property to have same rights as transferor. A person to whom any real property is transferred or devised, upon which rent has been reserved, or to whom any rent is transferred is entitled to the same remedies for recovery of rent, for nonperformance of any of the terms of the lease, or of any waste or cause of forfeiture as the person's grantor or devisor might have had.   History: En. Sec. 1273, Civ. C. 1895; re-en. Sec. 4521, Rev. C. 1907; re-en. Sec. 6763, R.C.M. 1921; Cal. Civ. C. Sec. 821; Field Civ. C. Sec. 260; re-en. Sec. 6763, R.C.M. 1935; R.C.M. 1947, 67-704; amd. Sec. 2183, Ch. 56, L. 2009.