reglab/housing_qa huggingface dataset:
MT Code § 70-24-315 (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|70-24-315. Repealed

  70-24-315. Repealed. Sec. 52, Ch. 267, L. 2007.   History: En. Sec. 4, Ch. 487, L. 1993.
MT Code § 70-24-316 (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|70-24-316. through 70-24-320 reserved

  70-24-316 through 70-24-320 reserved.
MT Code § 70-24-321 (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|70-24-321. Tenant to maintain dwelling unit

  70-24-321. Tenant to maintain dwelling unit. (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 from the dwelling unit all ashes, garbage, rubbish, and other waste in a clean and safe manner;   (d) keep all plumbing fixtures in the dwelling unit or used by the tenant as clean as their condition permits;   (e) use in a reasonable manner all electrical, plumbing, sanitary, heating, ventilating, air-conditioning, and other facilities and appliances, including elevators, in the premises;   (f) 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   (g) use the parts of the premises, including the living room, bedroom, kitchen, bathroom, and dining room, in a reasonable manner, considering the purposes for which they were designed and intended. 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.   (2) A tenant may not destroy, deface, damage, impair, or remove any part of the premises or permit any person to do so.   (3) 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, including but not limited to any of the following activities:   (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. 42-422 by Sec. 22, Ch. 313, L. 1977; R.C.M. 1947, 42-422; amd. Sec. 6, Ch. 222, L. 1993; amd. Sec. 2, Ch. 408, L. 2003; amd. Sec. 2, Ch. 343, L. 2013.
MT Code § 70-24-322 (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|70-24-322. Tenant to occupy as dwelling unit only -- extended absence

  70-24-322. Tenant to occupy as dwelling unit only -- extended absence. (1) Unless otherwise agreed, a tenant shall occupy the tenant's dwelling unit only as a dwelling unit.   (2) The rental agreement may require that the tenant notify the landlord of an anticipated extended absence from the premises in excess of 7 days no later than the first day of the extended absence.   History: En. 42-425 by Sec. 25, Ch. 313, L. 1977; R.C.M. 1947, 42-425; amd. Sec. 2175, Ch. 56, L. 2009.
MT Code § 70-24-401 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 24. Residential Landlord and Tenant Act of 1977|Part 4. Remedies|70-24-401. Administration of remedies -- enforcement

  70-24-401. Administration of remedies -- enforcement. (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.   History: En. 42-405 by Sec. 5, Ch. 313, L. 1977; R.C.M. 1947, 42-405; amd. Sec. 7, Ch. 222, L. 1993; amd. Sec. 6, Ch. 536, L. 2021.
MT Code § 70-24-402 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 24. Residential Landlord and Tenant Act of 1977|Part 4. Remedies|70-24-402. Settlement of disputed claim or right

  70-24-402. Settlement of disputed claim or right. 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. 42-406 by Sec. 6, Ch. 313, L. 1977; R.C.M. 1947, 42-406.
MT Code § 70-24-403 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 24. Residential Landlord and Tenant Act of 1977|Part 4. Remedies|70-24-403. Prohibited provision in rental agreement -- unenforceability -- damages

  70-24-403. Prohibited provision in rental agreement -- unenforceability -- damages. (1) A provision prohibited by 70-24-202 that is included in a rental agreement is unenforceable.   (2) If a party purposefully uses a rental agreement containing provisions known by the party to be prohibited, the other party may recover, in addition to the other party's actual damages, an amount up to 3 months' periodic rent.   History: En. 42-415 by Sec. 15, Ch. 313, L. 1977; R.C.M. 1947, 42-415(2); amd. Sec. 2176, Ch. 56, L. 2009.
MT Code § 70-24-404 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 24. Residential Landlord and Tenant Act of 1977|Part 4. Remedies|70-24-404. Unconscionability -- court discretion to refuse enforcement

  70-24-404. Unconscionability -- court discretion to refuse enforcement. (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 may refuse to enforce the agreement or enforce the remainder of the agreement without the unconscionable provision to avoid an unconscionable 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 may refuse to enforce the settlement, enforce the remainder of the settlement without the unconscionable provision, or limit the application of any unconscionable provision to avoid an unconscionable result.   (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 dwelling unit in accordance with 70-24-321; or   (b) a landlord maintain the premises in accordance with 70-24-303.   (3) If unconscionability is put into issue by a party or by the court upon its own motion, the parties shall 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 the determination.   History: En. 42-411 by Sec. 11, Ch. 313, L. 1977; R.C.M. 1947, 42-411; amd. Sec. 1, Ch. 236, L. 2021.
MT Code § 70-24-405 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 24. Residential Landlord and Tenant Act of 1977|Part 4. Remedies|70-24-405. Failure of landlord to deliver possession -- tenant's remedies

  70-24-405. Failure of landlord to deliver possession -- tenant's remedies. (1) If the landlord fails to deliver possession of the dwelling unit to the tenant as provided in 70-24-302, 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 dwelling unit 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 not more than 3 months' periodic rent or treble damages, whichever is greater.   History: En. 42-427 by Sec. 27, Ch. 313, L. 1977; R.C.M. 1947, 42-427; amd. Sec. 2177, Ch. 56, L. 2009.
MT Code § 70-24-406 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 24. Residential Landlord and Tenant Act of 1977|Part 4. Remedies|70-24-406. Failure of landlord to maintain premises -- tenant's remedies

  70-24-406. Failure of landlord to maintain premises -- tenant's remedies. (1) Except as provided in this chapter, if there is a noncompliance with 70-24-303 affecting health and safety, the tenant may:   (a) 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. 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 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.   (b) 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.   (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.   (3) The remedy provided in subsection (2) of this section 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 chapter 25 of this title.   History: En. 42-426 by Sec. 26, Ch. 313, L. 1977; R.C.M. 1947, 42-426; amd. Sec. 8, Ch. 222, L. 1993.
MT Code § 70-24-407 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 24. Residential Landlord and Tenant Act of 1977|Part 4. Remedies|70-24-407. Damages for minor violations by landlord

  70-24-407. Damages for minor violations by landlord. If the landlord fails to comply with the rental agreement or 70-24-303 and the reasonable cost of compliance is less than the 1 month's rent, the tenant may recover damages for the breach under 70-24-406(2).   History: En. 42-428 by Sec. 28, Ch. 313, L. 1977; R.C.M. 1947, 42-428.
MT Code § 70-24-408 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 24. Residential Landlord and Tenant Act of 1977|Part 4. Remedies|70-24-408. Purposeful or negligent failure to provide essential services -- tenant's remedies

  70-24-408. Purposeful or negligent failure to provide essential services -- tenant's remedies. (1) If contrary to the rental agreement or 70-24-303 the landlord purposefully or negligently fails to supply heat, running water, hot 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 heat, hot water, running water, electricity, gas, and other essential services during the period of the landlord's noncompliance and deduct their actual and reasonable cost from the rent;   (b) recover damages based upon the diminution in the fair rental value of the dwelling unit; 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) If the tenant proceeds under this section, the tenant may not proceed under 70-24-406 or 70-24-407 as to that breach.   (3) Rights of the 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 or 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. 42-429 by Sec. 29, Ch. 313, L. 1977; R.C.M. 1947, 42-429; amd. Sec. 2178, Ch. 56, L. 2009.
MT Code § 70-24-409 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 24. Residential Landlord and Tenant Act of 1977|Part 4. Remedies|70-24-409. Fire or casualty damage -- rights of tenant

  70-24-409. Fire or casualty damage -- rights of tenant. (1) 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:   (a) 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; or   (b) if continued occupancy is lawful, vacate any part of the dwelling unit rendered unusable by the fire or casualty, in which case the tenant's liability for rent is reduced in proportion to the diminution in the fair rental value of the dwelling unit.   (2) This section does not apply when the fire and casualty damage was caused by the purposeful or negligent act of the tenant or the tenant's family or guests.   (3) If the rental agreement is terminated, the landlord shall return all security recoverable pursuant to Title 70, chapter 25, and all prepaid rent. Accounting for rent in the event of termination or apportionment must be made as of the date of the fire or casualty.   History: En. 42-431 by Sec. 31, Ch. 313, L. 1977; R.C.M. 1947, 42-431; amd. Sec. 2179, Ch. 56, L. 2009.
MT Code § 70-24-410 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 24. Residential Landlord and Tenant Act of 1977|Part 4. Remedies|70-24-410. Unlawful or unreasonable entry by landlord -- tenant's remedies

  70-24-410. 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 otherwise lawful but which have 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. 42-441 by Sec. 41, Ch. 313, L. 1977; R.C.M. 1947, 42-441(2).
MT Code § 70-24-411 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 24. Residential Landlord and Tenant Act of 1977|Part 4. Remedies|70-24-411. Unlawful ouster, exclusion, or diminution of service -- tenant's remedies

  70-24-411. Unlawful ouster, exclusion, or diminution of service -- tenant's remedies. 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 heat, running water, hot water, electricity, gas, or other essential services, the tenant may recover possession or terminate the rental agreement and, in either case, recover an amount not more than 3 months' periodic rent or treble damages, whichever is greater. If the rental agreement is terminated, the landlord shall return all security recoverable pursuant to chapter 25 of this title and all prepaid rent.   History: En. 42-432 by Sec. 32, Ch. 313, L. 1977; R.C.M. 1947, 42-432.
MT Code § 70-24-412 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 24. Residential Landlord and Tenant Act of 1977|Part 4. Remedies|70-24-412. through 70-24-420 reserved

  70-24-412 through 70-24-420 reserved.
MT Code § 70-24-421 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 24. Residential Landlord and Tenant Act of 1977|Part 4. Remedies|70-24-421. Action for nonpayment of rent -- tenant's counterclaim

  70-24-421. Action for nonpayment of rent -- tenant's counterclaim. (1) 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 the tenant may recover under the rental agreement or this chapter. The court from time to time may order the tenant to pay into court all or part of the rent accrued and thereafter accruing and shall determine the amount due to each party. The party to whom a net amount is owed must be paid first from the money paid into court and the balance by the other party. The court may at any time release money paid into the court to either party if the parties so agree or if the court finds a party entitled to the sums released. If no rent remains due after application of this section, judgment must be entered for the tenant in the 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 is not required to pay any rent into court.   History: En. 42-430 by Sec. 30, Ch. 313, L. 1977; R.C.M. 1947, 42-430; amd. Sec. 2180, Ch. 56, L. 2009.
MT Code § 70-24-423 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 24. Residential Landlord and Tenant Act of 1977|Part 4. Remedies|70-24-423. Waiver of landlord's right to terminate for breach

  70-24-423. Waiver of landlord's right to terminate for breach. 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. 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. The acceptance of partial payment of rent due does not constitute a waiver of any right, including rent due.  History: En. 42-436 by Sec. 36, Ch. 313, L. 1977; R.C.M. 1947, 42-436; amd. Sec. 1, Ch. 132, L. 1997; amd. Sec. 3, Ch. 236, L. 2021.
MT Code § 70-24-424 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 24. Residential Landlord and Tenant Act of 1977|Part 4. Remedies|70-24-424. Refusal of access -- landlord's remedies

  70-24-424. 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 70-24-312(5), the landlord may either obtain injunctive relief or terminate the rental agreement.   History: En. 42-441 by Sec. 41, Ch. 313, L. 1977; R.C.M. 1947, 42-441(1); amd. Sec. 10, Ch. 222, L. 1993.
MT Code § 70-24-425 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 24. Residential Landlord and Tenant Act of 1977|Part 4. Remedies|70-24-425. Failure of tenant to maintain dwelling -- landlord's right to enter and repair

  70-24-425. Failure of tenant to maintain dwelling -- landlord's right to enter and repair. If there is noncompliance by the tenant with 70-24-321 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 it within that period of time, the landlord may enter the dwelling unit and cause the work to be done in a workmanlike manner and submit an itemized bill for the actual and reasonable cost, the fair and reasonable cost, or the fair and reasonable value thereof as rent on the next date periodic rent is due or, if the rental agreement has terminated, for immediate payment.   History: En. 42-434 by Sec. 34, Ch. 313, L. 1977; R.C.M. 1947, 42-434.
MT Code § 70-24-426 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 24. Residential Landlord and Tenant Act of 1977|Part 4. Remedies|70-24-426. Remedies for absence or abandonment

  70-24-426. Remedies for absence or abandonment. (1) If the rental agreement requires the tenant to give notice to the landlord of an anticipated extended absence in excess of 7 days, as provided for in 70-24-322, and the tenant fails to do so, the landlord may recover actual damages from the tenant.   (2) During an absence of the tenant in excess of 7 days, the landlord may enter the dwelling unit at times reasonably necessary.   (3) If the tenant abandons the dwelling unit, the landlord shall make reasonable efforts to rent it at a fair rental. If the landlord rents the dwelling unit for a term beginning before the expiration of the rental agreement, the rental agreement terminates as of the date of the tenancy. If the landlord fails to use reasonable efforts to rent the dwelling unit at a fair rental or if the landlord accepts the abandonment as a surrender, the rental agreement is terminated by the landlord as of the date the landlord has notice of the abandonment. If the tenancy is from month to month or week to week, the term of the rental agreement for this purpose is a month or a week, as the case may be.   History: En. 42-435 by Sec. 35, Ch. 313, L. 1977; R.C.M. 1947, 42-435.