reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 70. Property › Chapter 32. Homesteads › Part 3. Conveyance, Encumbrance, and Abandonment of Homestead › 70-32-303. When declaration effective

70-32-303. When declaration effective.
A declaration of abandonment is effectual only from the time it is filed in the office in which the homestead was recorded.
History: En. Sec. 1677, Civ. C. 1895; re-en. Sec. 4701, Rev. C. 1907; re-en. Sec. 6952, R.C.M. 1921; Cal. Civ. C. Sec. 1244; re-en. Sec. 6952, R.C.M. 1935; R.C.M. 1947, 33-108.
2023 Montana Code Annotated › Title 70. Property › Chapter 33. Montana Residential Mobile Home Lot Rental Act › Part 1. General Provisions › 70-33-102. Purpose -- liberal construction

70-33-102. Purpose -- liberal construction.
(1) This chapter must be liberally construed and applied to promote the underlying purposes and policies of this chapter.
(2) The underlying purposes and policies of this chapter are to:
(a) simplify and clarify the law governing the rental of land to owners of mobile homes and manufactured homes and the rights and obligations of landlords and tenants concerning lot rentals;
(b) encourage landlords and tenants to maintain and improve the quality of housing; and
(c) create an exclusive regulatory standard throughout the state and its political subdivisions regarding the rental of land to owners of mobile homes and manufactured homes.
History: En. Sec. 8, Ch. 267, L. 2007; amd. Sec. 3, Ch. 572, L. 2023.
2023 Montana Code Annotated › Title 70. Property › Chapter 33. Montana Residential Mobile Home Lot Rental Act › Part 1. General Provisions › 70-33-104. Applicability

70-33-104. Applicability.
(1) This chapter applies to landlord-tenant relationships in which the landlord is renting a lot to the tenant for placement of the tenant's mobile home. This chapter applies to land rental in a mobile home park as well as to the rental of individual parcels of land not in a mobile home park that are for the placement of a tenant's mobile home.
(2) Unless created to avoid the application of this chapter, the following arrangements are not governed by this chapter:
(a) occupancy under a contract of sale of a lot if the occupant is the purchaser or a person who succeeds to the purchaser's interest;
(b) occupancy under a rental agreement covering premises used by the occupant primarily for commercial or agricultural purposes;
(c) occupancy by an employee of a landlord whose right to occupancy is conditional upon employment in and about the premises;
(d) occupancy outside a municipality under a rental agreement that includes hunting, fishing, or agricultural privileges along with the use of the lot; and
(e) any rental premises that are governed by the Montana Residential Landlord and Tenant Act of 1977, Title 70, chapter 24.
(3) The combined rental of the lot and mobile home, when the landlord owns both, are covered by the Montana Residential Landlord and Tenant Act of 1977.
History: En. Sec. 10, Ch. 267, L. 2007.
2023 Montana Code Annotated › Title 70. Property › Chapter 33. Montana Residential Mobile Home Lot Rental Act › Part 1. General Provisions › 70-33-105. Supplementary principles of law

70-33-105. Supplementary principles of law.
Unless superseded 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 the provisions of this chapter.
History: En. Sec. 11, Ch. 267, L. 2007.
2023 Montana Code Annotated › Title 70. Property › Chapter 33. Montana Residential Mobile Home Lot Rental Act › Part 1. General Provisions › 70-33-106. Notice

70-33-106. Notice.
(1) A person has notice of a fact if:
(a) the person has actual knowledge of the fact;
(b) in the case of a landlord, the notice is delivered at the place of business of the landlord through which the rental agreement was made; or
(c) in the case of a landlord or tenant, the notice is personally delivered to the landlord or tenant or mailed with a certificate of mailing or by certified mail to the place held out by the landlord or tenant as the place for receipt of the communication or, in the absence of a designation, to the landlord's or tenant's last-known address. When notice is made by certificate of mailing or certified mail, the service of the notice must be considered to have been made 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 on behalf of the organization and, in any event, from the time the notice would have been brought to the individual's attention if the organization had exercised reasonable diligence.
History: En. Sec. 12, Ch. 267, L. 2007.
2023 Montana Code Annotated › Title 70. Property › Chapter 33. Montana Residential Mobile Home Lot Rental Act › Part 1. General Provisions › 70-33-107. Obligation of good faith

70-33-107. Obligation of good faith.
Every duty under this chapter and every act that 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. Sec. 13, Ch. 267, L. 2007.
2023 Montana Code Annotated › Title 70. Property › Chapter 33. Montana Residential Mobile Home Lot Rental Act › Part 1. General Provisions › 70-33-108. Notice of no contact

70-33-108. 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.
2023 Montana Code Annotated › Title 70. Property › Chapter 33. Montana Residential Mobile Home Lot Rental Act › Part 1. General Provisions › 70-33-109. Application of security deposit laws

70-33-109. 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 Mobile Home Lot Rental Act, the rights and duties of landlords and tenants, and the availability of remedies and judicial relief to landlords and tenants.
History: En. Sec. 2, Ch. 235, L. 2021.
2023 Montana Code Annotated › Title 70. Property › Chapter 33. Montana Residential Mobile Home Lot Rental Act › Part 2. Rental Agreements › 70-33-201. Rental agreements

70-33-201. Rental agreements.
(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.
(2) Unless the rental agreement provides otherwise:
(a) the tenant shall pay as rent the rental value for the use and occupancy of the lot 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 that is 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 from 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 70-33-426(2) 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 as provided by subsection (2).
History: En. Sec. 14, Ch. 267, L. 2007; amd. Sec. 3, Ch. 155, L. 2017; amd. Sec. 11, Ch. 536, L. 2021.
2023 Montana Code Annotated › Title 70. Property › Chapter 33. Montana Residential Mobile Home Lot Rental Act › Part 2. Rental Agreements › 70-33-202. Prohibited provisions in rental agreements

70-33-202. Prohibited provisions in rental agreements.
(1) A rental agreement may not require a party to:
(a) waive or forego rights or remedies under this chapter;
(b) authorize any person to confess judgment on a claim arising out of the rental agreement; or
(c) agree 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 related costs or attorney fees.
(2) A rental agreement or a related document may not permit the receipt of rent free of the obligation to comply with the provisions of 70-33-303.
History: En. Sec. 15, Ch. 267, L. 2007.
2023 Montana Code Annotated › Title 70. Property › Chapter 33. Montana Residential Mobile Home Lot Rental Act › Part 2. Rental Agreements › 70-33-203. Effect of unsigned or undelivered rental agreement

70-33-203. 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. Sec. 16, Ch. 267, L. 2007; amd. Sec. 2, Ch. 220, L. 2017.
2023 Montana Code Annotated › Title 70. Property › Chapter 33. Montana Residential Mobile Home Lot Rental Act › Part 3. Rights and Duties of Parties › 70-33-301. Duty to disclose name of person responsible

70-33-301. Duty to disclose name of person responsible.
(1) A landlord or a person authorized to enter into a rental agreement on a 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 is enforceable against any successor landlord, owner, or manager.
(3) A person, other than the landlord, 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 for expending or making available for the purpose of performing those obligations all rent collected from the premises.
History: En. Sec. 17, Ch. 267, L. 2007.
2023 Montana Code Annotated › Title 70. Property › Chapter 33. Montana Residential Mobile Home Lot Rental Act › Part 3. Rights and Duties of Parties › 70-33-302. Landlord to deliver possession of premises

70-33-302. Landlord to deliver possession of premises.
(1) At the commencement of the rental term, a landlord shall deliver possession of the premises to the tenant in compliance with the rental agreement and 70-33-303. 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. Sec. 18, Ch. 267, L. 2007.
2023 Montana Code Annotated › Title 70. Property › Chapter 33. Montana Residential Mobile Home Lot Rental Act › Part 3. Rights and Duties of Parties › 70-33-303. Landlord to maintain premises -- agreement that tenant perform duties

70-33-303. Landlord to maintain premises -- agreement that tenant perform duties.
(1) A landlord shall:
(a) comply with the requirements of applicable building, housing, and health department codes materially affecting health and safety at the time of original construction;
(b) make repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition except when it is the tenant's responsibility to maintain the dwelling unit pursuant to 70-33-321;
(c) keep all common areas of the premises in a clean and safe condition;
(d) for the premises, maintain in good and safe working order and condition all electrical, plumbing, sanitary, heating, ventilating, air-conditioning, and other facilities and appliances, including elevators, supplied or required to be supplied by the landlord;
(e) unless otherwise provided in a rental agreement, provide and maintain appropriate receptacles and conveniences for the removal of ashes, garbage, rubbish, and other waste incidental to the occupancy of the lot and arrange for their removal; and
(f) supply running water at all times unless the lot is not required by law to be equipped for that purpose or the running water is generated by an installation within the exclusive control of the tenant.
(2) If the duty imposed by subsection (1)(a) is greater than a duty imposed by subsections (1)(b) through (1)(f), a landlord's duty must be determined by reference to subsection (1)(a).
(3) A landlord and tenant may agree in writing that the tenant is to perform the landlord's duties specified in subsections (1)(e) and (1)(f) but only if the agreement is entered into in good faith and not for the purpose of evading the obligations of the landlord.
(4) A landlord and tenant may agree that the tenant is to perform specified repairs, maintenance tasks, alterations, or remodeling only if:
(a) the agreement of the parties is entered into in good faith and not for the purpose of evading the obligations of the landlord and is set forth in a separate writing signed by the parties and supported by adequate consideration;
(b) the work is not necessary to cure noncompliance with subsection (1)(a); and
(c) the agreement does not diminish the obligation of the landlord to other tenants.
History: En. Sec. 19, Ch. 267, L. 2007; amd. Sec. 12, Ch. 536, L. 2021.
2023 Montana Code Annotated › Title 70. Property › Chapter 33. Montana Residential Mobile Home Lot Rental Act › Part 3. Rights and Duties of Parties › 70-33-304. Transfer of premises or termination of management -- relief from liability

70-33-304. Transfer of premises or termination of management -- relief from liability.
(1) Unless otherwise agreed, a landlord who conveys premises subject to a rental agreement in a good faith sale to a bona fide purchaser 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 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 termination of the manager's management duties.
History: En. Sec. 20, Ch. 267, L. 2007.
2023 Montana Code Annotated › Title 70. Property › Chapter 33. Montana Residential Mobile Home Lot Rental Act › Part 3. Rights and Duties of Parties › 70-33-305. Transfer of premises by tenant

70-33-305. Transfer of premises by tenant.
(1) A tenant who vacates a lot 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.
(2) The sale or rental of a mobile home located upon a lot does not entitle the purchaser or renter to retain rental of the lot unless the purchaser or renter enters into a rental agreement with the owner of the lot.
(3) A mobile home owner who owns the mobile home but rents the lot has the exclusive right to sell the mobile home without interference or conditions by the landlord. The new purchaser shall make suitable arrangements with the landlord in order to become a tenant on the mobile home lot. The purchase of the mobile home does not automatically entitle the purchaser to rent the mobile home lot.
History: En. Sec. 21, Ch. 267, L. 2007.
2023 Montana Code Annotated › Title 70. Property › Chapter 33. Montana Residential Mobile Home Lot Rental Act › Part 3. Rights and Duties of Parties › 70-33-311. Landlord authorized to adopt rules

70-33-311. 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 shall or may 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 the rule at the time that the tenant enters into the rental agreement or when the rule 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 involves a substantial modification of the rental agreement, it is not valid until after 30 days' written notice in the case of month-to-month tenancies.
History: En. Sec. 22, Ch. 267, L. 2007.
2023 Montana Code Annotated › Title 70. Property › Chapter 33. Montana Residential Mobile Home Lot Rental Act › Part 3. Rights and Duties of Parties › 70-33-312. Access to premises by landlord

70-33-312. Access to premises by landlord.
(1) A tenant may not unreasonably withhold consent to the landlord or the landlord's agent to enter the lot in order to inspect the premises, make necessary or agreed repairs, alterations, or improvements, supply necessary or agreed services, or exhibit the lot to prospective or actual purchasers, mortgagees, tenants, workers, or contractors.
(2) A landlord may enter the lot without consent of the tenant in case of emergency.
(3) (a) A landlord may not abuse the right of access or use it to harass the tenant. Except in case of 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 70-33-106, 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 a court order;
(b) as permitted by 70-33-425 and 70-33-426(1)(b); 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. Sec. 23, Ch. 267, L. 2007; amd. Sec. 13, Ch. 536, L. 2021.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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 issue a 24-hour notice to correct or obtain immediate injunctive relief to compel access. In either case, the landlord may recover actual damages. If the 24-hour notice to correct is not remedied, the landlord may issue a 3-day notice to terminate the rental agreement.
(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 issue a 24-hour notice to correct or obtain immediate injunctive relief. If the 24-hour notice to correct is not remedied, the landlord may issue a 3-day notice to terminate the rental agreement.
History: En. Sec. 41, Ch. 267, L. 2007; amd. Sec. 4, Ch. 715, L. 2023.
2023 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.
2023 Montana Code Annotated › Title 70. Property › Chapter 33. Montana Residential Mobile Home Lot Rental Act › Part 4. Remedies › 70-33-426. Remedies for absence or abandonment

70-33-426. Remedies for absence or abandonment.
(1) (a) 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 70-33-322, and the tenant fails to do so, the landlord may recover actual damages from the tenant.
(b) During an absence of the tenant in excess of 7 days, the landlord may enter the lot when reasonably necessary.
(2) (a) If the tenant abandons the lot, the landlord shall make reasonable efforts to rent the lot at a fair rental. If the landlord rents the lot for a term beginning before the expiration of the rental agreement, the rental agreement terminates as of the date of the new tenancy.
(b) If the landlord fails to use reasonable efforts to rent the lot 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.
(c) If the tenancy is from month to month or week to week, the term of the rental agreement for the purposes of this subsection (2) is a month or a week, as appropriate.
History: En. Sec. 43, Ch. 267, L. 2007.
2023 Montana Code Annotated › Title 70. Property › Chapter 33. Montana Residential Mobile Home Lot Rental Act › Part 4. Remedies › 70-33-427. Landlord's remedies after termination -- action for possession

70-33-427. Landlord's remedies after termination -- action for possession.
(1) If the rental agreement is terminated, the landlord has a claim for possession, rent, and actual damages for any breach of the rental agreement.
(2) (a) Except as provided in subsection (2)(c), an action filed pursuant to subsection (1) in a court must be heard within 10 business 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 70-33-321(4), the action must be heard within 5 business days after the tenant's appearance or the answer date stated in the summons.
(b) If the action is appealed to the district court, the hearing must be held within 10 business days after the case is transmitted to the district court, except that if the rental agreement is terminated because of noncompliance under 70-33-321(4), the hearing must be held within 5 business days after the case is transmitted to district court.
(c) A hearing for damages for any breach of the rental agreement must be held within 45 days after the claim of possessions and rent has been adjudicated.
(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 immediately.
History: En. Sec. 44, Ch. 267, L. 2007; amd. Sec. 4, Ch. 454, L. 2015; amd. Sec. 5, Ch. 715, L. 2023.
2023 Montana Code Annotated › Title 70. Property › Chapter 33. Montana Residential Mobile Home Lot Rental Act › Part 4. Remedies › 70-33-428. Landlord's recovery of possession limited

70-33-428. Landlord's recovery of possession limited.
Except in the case of abandonment or surrender or as permitted in this chapter, a landlord may not recover or take possession of the lot by action or otherwise, including purposeful diminution of services to the tenant by interrupting or causing the interruption of running water, electricity, gas, or other essential services.
History: En. Sec. 45, Ch. 267, L. 2007.