reglab/housing_qa huggingface dataset:
MT Code § 70-33-313 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 33. Montana Residential Mobile Home Lot Rental Act|Part 3. Rights and Duties of Parties|70-33-313. Lot rules

  70-33-313. Lot rules. (1) A landlord may adopt a rule concerning the rental occupancy of a lot and the use of common areas and facilities in accordance with 70-33-311. A rule may not be unreasonable, and a rule that does not apply uniformly to all tenants of a similar class creates a rebuttable presumption, as defined in 70-33-431(3), that the rule is unfair.   (2) Each common area facility must be open or available to residents at all reasonable hours, and the hours of a common recreational facility must be posted at the facility.   History: En. Sec. 24, Ch. 267, L. 2007.
MT Code § 70-33-314 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 33. Montana Residential Mobile Home Lot Rental Act|Part 3. Rights and Duties of Parties|70-33-314. Resident associations -- meetings

  70-33-314. Resident associations -- meetings. (1) 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, but the landlord and the landlord's employees may not be members and may not attend meetings unless specifically invited by the tenants' resident association. The landlord may not interfere with or prevent the attendance of an invitee at a resident association's meeting.   (2) The landlord may not prohibit meetings by a resident association or tenants relating to:   (a) mobile home living; or   (b) the future plans for the mobile home park, including sale or change of use.   History: En. Sec. 25, Ch. 267, L. 2007; amd. Sec. 1, Ch. 211, L. 2009.
MT Code § 70-33-315 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 33. Montana Residential Mobile Home Lot Rental Act|Part 3. Rights and Duties of Parties|70-33-315. Road maintenance obligations

  70-33-315. Road maintenance obligations. In addition to the obligations imposed by 70-33-303, the mobile home park landlord shall maintain common roads within the mobile home park in a safe condition, including arranging for snow plowing as is reasonable to keep the roads passable.   History: En. Sec. 26, Ch. 267, L. 2007.
MT Code § 70-33-316 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 33. Montana Residential Mobile Home Lot Rental Act|Part 3. Rights and Duties of Parties|70-33-316. through 70-33-320 reserved

  70-33-316 through 70-33-320 reserved.
MT Code § 70-33-321 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 33. Montana Residential Mobile Home Lot Rental Act|Part 3. Rights and Duties of Parties|70-33-321. Tenant to maintain lot

  70-33-321. Tenant to maintain lot. (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 of all ashes, garbage, rubbish, and other waste from the lot in a clean and safe manner;   (d) use in a reasonable manner all electrical, plumbing, sanitary, heating, ventilating, air-conditioning, and other facilities and appliances, including elevators, in the premises;   (e) 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   (f) use the parts of the premises in a reasonable manner considering the purposes for which they were designed and intended.   (2) 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.   (3) A tenant may not destroy, deface, damage, impair, or remove any part of the premises or permit any person to do so.   (4) 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 by any of the following:   (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.   History: En. Sec. 27, Ch. 267, L. 2007; amd. Sec. 14, Ch. 536, L. 2021.
MT Code § 70-33-322 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 33. Montana Residential Mobile Home Lot Rental Act|Part 3. Rights and Duties of Parties|70-33-322. Notice of extended absence

  70-33-322. Notice of extended absence. The rental agreement may require that the tenant notify the landlord of an anticipated extended absence from the premises in excess of 7 days not later than the first day of the extended absence.   History: En. Sec. 28, Ch. 267, L. 2007.
MT Code § 70-33-401 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 33. Montana Residential Mobile Home Lot Rental Act|Part 4. Remedies|70-33-401. Administration of remedies -- enforcement -- agreement

  70-33-401. Administration of remedies -- enforcement -- agreement. (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.  (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.   (4) A claim or right arising under this chapter or on a rental agreement, if disputed in good faith, may be settled by agreement.   History: En. Sec. 29, Ch. 267, L. 2007; amd. Sec. 15, Ch. 536, L. 2021.
MT Code § 70-33-402 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 33. Montana Residential Mobile Home Lot Rental Act|Part 4. Remedies|70-33-402. Prohibited provisions -- damages

  70-33-402. Prohibited provisions -- damages. (1) A provision prohibited by 70-33-202 that is included in a rental agreement is unenforceable.   (2) If one party purposefully uses a rental agreement containing provisions known by that party to be prohibited, the other party may recover, in addition to actual damages, an amount up to 3 months' rent.   History: En. Sec. 30, Ch. 267, L. 2007.
MT Code § 70-33-403 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 33. Montana Residential Mobile Home Lot Rental Act|Part 4. Remedies|70-33-403. Unconscionability -- court discretion

  70-33-403. Unconscionability -- court discretion. (1) Except as provided in subsection (2), if the court, as a matter of law, finds that:  (a) a rental agreement or any provision of the rental agreement is unconscionable, the court, in order to avoid an unconscionable result, may refuse to enforce the agreement or may enforce the remainder of the agreement without the unconscionable provision result; or   (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, in order to avoid an unconscionable result, may refuse to enforce the settlement, may enforce the remainder of the settlement without the unconscionable provision, or may limit the application of any unconscionable provision.   (2) A finding pursuant to subsection (1) may not be made based on a responsibility outlined in a rental agreement that:   (a) a tenant maintain a lot in accordance with 70-33-321; or   (b) a landlord maintain the premises in accordance with 70-33-303.   (3) If unconscionability is put into issue by a party or by the court upon its own motion, the parties must 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 its determination.   History: En. Sec. 31, Ch. 267, L. 2007; amd. Sec. 4, Ch. 236, L. 2021.
MT Code § 70-33-404 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 33. Montana Residential Mobile Home Lot Rental Act|Part 4. Remedies|70-33-404. Landlord's failure to deliver premises -- tenant's remedies

  70-33-404. Landlord's failure to deliver premises -- tenant's remedies. (1) If the landlord fails to deliver possession of the lot to the tenant as provided in 70-33-302, rent abates until possession is delivered and the tenant may:   (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 lot 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 of not more than 3 months' rent or treble damages, whichever is greater.   History: En. Sec. 32, Ch. 267, L. 2007.
MT Code § 70-33-405 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 33. Montana Residential Mobile Home Lot Rental Act|Part 4. Remedies|70-33-405. Landlord's failure to maintain premises -- tenant's remedies

  70-33-405. Landlord's failure to maintain premises -- tenant's remedies. (1) Unless otherwise provided in this chapter, if there is a noncompliance with 70-33-303 affecting health and safety, the following procedures apply:   (a) The tenant may deliver a written notice to the landlord specifying the nature of 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:   (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 that 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 the rental agreement for a condition caused by the tenant, a member of the tenant's family, or any other persons on the premises with the tenant's consent.   (b) (i) 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.   (ii) If the landlord fails to comply with the rental agreement or 70-33-303 and the reasonable cost of compliance is less than 1 month's rent, the tenant may recover damages for the breach under subsection (2).   (2) Unless otherwise 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 70-33-303.   (3) The remedy provided in subsection (2) 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 Title 70, chapter 25.   History: En. Sec. 33, Ch. 267, L. 2007.
MT Code § 70-33-406 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 33. Montana Residential Mobile Home Lot Rental Act|Part 4. Remedies|70-33-406. Landlord's failure to provide essential services -- tenant's remedies

  70-33-406. Landlord's failure to provide essential services -- tenant's remedies. (1) If contrary to the rental agreement or 70-33-303 the landlord purposefully or negligently fails to supply running water, electric, gas, or other essential services, the tenant may give written notice to the landlord specifying the breach and may:   (a) procure reasonable amounts of running water, electricity, gas, and other essential services during the period of the landlord's noncompliance and deduct the actual and reasonable cost from the rent;   (b) recover damages based upon the diminution in the fair rental value of the lot; 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) A tenant proceeding under this section may not proceed under 70-33-405 for a landlord's failure to provide essential services.   (3) The rights of a 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.   (4) A tenant does not have rights under this section 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.   History: En. Sec. 34, Ch. 267, L. 2007.
MT Code § 70-33-407 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 33. Montana Residential Mobile Home Lot Rental Act|Part 4. Remedies|70-33-407. Fire or casualty damage -- rights and obligations of tenant

  70-33-407. Fire or casualty damage -- rights and obligations of tenant. (1) (a) If the lot or premises are damaged or destroyed by fire or casualty to an extent that enjoyment of the lot is substantially impaired, the tenant may immediately vacate the premises and notify the landlord in writing within 14 days of vacating the premises that it is the tenant's intention to terminate the rental agreement.   (b) If the tenant complies with the provisions of subsection (1)(a), the rental agreement terminates as of the date the tenant vacates the premises.   (2) If the rental agreement is terminated pursuant to subsection (1), the landlord shall return any prepaid rent and all security recoverable pursuant to Title 70, chapter 25. Accounting or apportionment for rent in the event of termination must be made as of the date of the fire or casualty.   (3) If the tenant's mobile home is damaged or destroyed by fire or casualty to an extent that enjoyment of the mobile home is substantially impaired and 70-33-430 does not apply, it is the obligation of the mobile home owner to remove the mobile home from the lot within 30 days of the damage or destruction.   (4) All terms and conditions of the rental agreement remain in effect until the mobile home is removed from the premises and all required cleanup is completed.   History: En. Sec. 35, Ch. 267, L. 2007.
MT Code § 70-33-408 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 33. Montana Residential Mobile Home Lot Rental Act|Part 4. Remedies|70-33-408. Unlawful or unreasonable entry by landlord -- tenant's remedies

  70-33-408. Unlawful or unreasonable entry by landlord -- tenant's remedies. If the landlord makes an unlawful entry or a lawful entry in an unreasonable manner or makes repeated demands for entry that is otherwise lawful but has the effect of unreasonably harassing the tenant, the tenant may either obtain injunctive relief to prevent the recurrence of the conduct or terminate the rental agreement. In either case the tenant may recover actual damages.   History: En. Sec. 36, Ch. 267, L. 2007.
MT Code § 70-33-409 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 33. Montana Residential Mobile Home Lot Rental Act|Part 4. Remedies|70-33-409. Unlawful ouster, exclusion, or diminution of services -- tenant's remedies

  70-33-409. Unlawful ouster, exclusion, or diminution of services -- tenant's remedies. (1) If a landlord unlawfully removes or excludes the tenant from the premises or purposefully diminishes services to the tenant by interrupting or causing the interruption of running water, electricity, gas, or other essential services, the tenant may recover possession or terminate the rental agreement and, in either case, recover an amount of not more than 3 months' periodic rent or treble damages, whichever is greater.   (2) If the rental agreement is terminated, the landlord shall return all security recoverable pursuant to Title 70, chapter 25, and any prepaid rent.   History: En. Sec. 37, Ch. 267, L. 2007.
MT Code § 70-33-410 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 33. Montana Residential Mobile Home Lot Rental Act|Part 4. Remedies|70-33-410. Action for nonpayment of rent -- tenant's counterclaim

  70-33-410. Action for nonpayment of rent -- tenant's counterclaim. (1) (a) In an action for possession based upon nonpayment of the rent or in an action for rent when the tenant is in possession, the tenant may counterclaim for any amount recoverable under the rental agreement or this chapter.   (b) (i) The court may order the tenant to pay into court all or part of the rent accrued and afterwards accruing, and the court shall determine the amount due to each party.   (ii) A party to whom a net amount is owed must be paid first from the money paid into court, and the balance must be paid by the other party.   (iii) The court may at any time release money paid into the court to any party if the parties agree or if the court finds a party is entitled to the money.   (c) If there is no rent remaining due after application of this section, judgment must be entered for the tenant in an action for possession.   (2) In an action for rent when the tenant is not in possession, the tenant may counterclaim as provided in subsection (1) but may not be required to pay any rent into court.   History: En. Sec. 38, Ch. 267, L. 2007.
MT Code § 70-33-411 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 33. Montana Residential Mobile Home Lot Rental Act|Part 4. Remedies|70-33-411. through 70-33-421 reserved

  70-33-411 through 70-33-421 reserved.
MT Code § 70-33-422 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 33. Montana Residential Mobile Home Lot Rental Act|Part 4. Remedies|70-33-422. Noncompliance of tenant generally -- landlord's right of termination -- damages -- injunction

  70-33-422. Noncompliance of tenant generally -- landlord's right of termination -- damages -- injunction. (1) If the tenant destroys, defaces, damages, impairs, or removes any part of the premises in violation of 70-33-321(3), the landlord may terminate the rental agreement upon giving 3 days' written notice specifying the noncompliance under the provisions of 70-33-321(3). If the landlord terminates the rental agreement, the tenant shall vacate the premises on termination of the agreement.  (2) If the tenant creates a reasonable potential that the premises may be damaged or destroyed or that neighboring tenants may be injured, as evidenced by the tenant being arrested or charged with an act that violates the provisions of 70-33-321(4), the landlord may terminate the rental agreement upon giving 3 days' written notice specifying the violation and noncompliance under the provisions of 70-33-321(4). If the landlord terminates the rental agreement, the tenant shall vacate the premises on termination of the agreement.   (3) Except as otherwise provided in this chapter, the landlord may recover actual damages and obtain injunctive relief for any noncompliance by the tenant with the rental agreement or 70-33-321. Except as provided in subsection (4) of this section, if the tenant's noncompliance is purposeful, the landlord may recover treble damages.   (4) Treble damages may not be recovered for the tenant's early termination of the tenancy.   History: En. Sec. 39, Ch. 267, L. 2007; amd. Sec. 5, Ch. 236, L. 2021.
MT Code § 70-33-423 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 33. Montana Residential Mobile Home Lot Rental Act|Part 4. Remedies|70-33-423. Waiver of landlord's right to termination

  70-33-423. Waiver of landlord's right to termination. (1) Acceptance by the landlord of full payment of rent due is a waiver of a claimed breach of a rental agreement only when the claimed breach is the nonpayment of rent.  (2) Acceptance of full payment of rent due when a claimed breach is something other than the nonpayment of rent does not constitute a waiver of any right.   (3) The acceptance of partial payment of rent due does not constitute a waiver of any right, including rent due.   History: En. Sec. 40, Ch. 267, L. 2007; amd. Sec. 6, Ch. 236, L. 2021.
MT Code § 70-33-424 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 33. Montana Residential Mobile Home Lot Rental Act|Part 4. Remedies|70-33-424. Refusal of access -- landlord's remedies

  70-33-424. Refusal of access -- landlord's remedies. (1) If the tenant refuses to allow lawful access, the landlord may either obtain injunctive relief to compel access or terminate the rental agreement. In either case, the landlord may recover actual damages.   (2) If a tenant removes a lock or replaces or adds a lock not supplied by the landlord to the premises and fails to provide a key as required by 70-33-312(5), the landlord may either obtain injunctive relief or terminate the rental agreement.   History: En. Sec. 41, Ch. 267, L. 2007.
MT Code § 70-33-425 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 33. Montana Residential Mobile Home Lot Rental Act|Part 4. Remedies|70-33-425. Tenant's failure to maintain lot -- landlord's right to enter and repair

  70-33-425. Tenant's failure to maintain lot -- landlord's right to enter and repair. If there is noncompliance by the tenant with 70-33-321 affecting health and safety that can be remedied by repair, replacement of a damaged item, or cleaning and the tenant fails to comply as promptly as conditions require in case of emergency or within 14 days after written notice by the landlord specifying the breach and requesting that the tenant remedy the breach within that period of time, the landlord may enter the lot and cause the work to be done in a competent manner and submit an itemized bill for the actual and reasonable cost, the fair and reasonable cost, or the fair and reasonable value of the work as rent on the next date rent is due or, if the rental agreement has terminated, for immediate payment.   History: En. Sec. 42, Ch. 267, L. 2007.