reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 70. Property › Chapter 24. Residential Landlord and Tenant Act of 1977 › Part 2. Rental Agreements › 70-24-204. Effect of unsigned or undelivered rental agreement

70-24-204. Effect of unsigned or undelivered rental agreement.
(1) If the landlord does not sign and deliver a written rental agreement that has already been signed by the tenant and delivered to the landlord, acceptance of rent without reservation by the landlord gives the rental agreement the same effect as if it had been signed and delivered by the landlord to the tenant.
(2) If the tenant does not sign and deliver to the landlord a written rental agreement that has already been signed by the landlord and delivered to the tenant, acceptance of possession of the premises and payment of rent without reservation by the tenant gives the rental agreement the same effect as if it had been signed and delivered by the tenant to the landlord.
(3) If a rental agreement given effect by the operation of this section provides for a term longer than 1 year, it is effective for only 1 year.
History: En. 42-414 by Sec. 14, Ch. 313, L. 1977; R.C.M. 1947, 42-414; amd. Sec. 2171, Ch. 56, L. 2009; amd. Sec. 1, Ch. 220, L. 2017.
2023 Montana Code Annotated › Title 70. Property › Chapter 24. Residential Landlord and Tenant Act of 1977 › Part 2. Rental Agreements › 70-24-205. Extension of written rental agreements

70-24-205. Extension of written rental agreements.
If the landlord and tenant fail to establish a default extension period for the lease in the rental agreement and neither party gives a 30-day written notice to the other to terminate the tenancy before the rental agreement's original termination date, the tenancy continues on a month-to-month basis.
History: En. Sec. 1, Ch. 138, L. 2009; amd. Sec. 2, Ch. 155, L. 2017.
2023 Montana Code Annotated › Title 70. Property › Chapter 24. Residential Landlord and Tenant Act of 1977 › Part 3. Rights and Duties of the Parties › 70-24-301. Duty to disclose name of person responsible

70-24-301. Duty to disclose name of person responsible.
(1) A landlord or a person authorized to enter into a rental agreement on the landlord's behalf shall disclose to the tenant in writing at or before the commencement of the tenancy the name and address of:
(a) the person authorized to manage the premises; and
(b) the owner of the premises or a person authorized to act for the owner for the purpose of service of process and receiving notices and demands.
(2) The information required to be furnished by this section must be kept current and in writing, and this section extends to and is enforceable against any successor landlord, owner, or manager.
(3) A person who fails to comply with subsection (1) becomes an agent of each person who is a landlord for the purpose of:
(a) service of process and receiving notices and demands; and
(b) performing the obligations of the landlord under this chapter and under the rental agreement and expending or making available for that purpose all rent collected from the premises.
History: En. 42-418 by Sec. 18, Ch. 313, L. 1977; R.C.M. 1947, 42-418; amd. Sec. 2172, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 70. Property › Chapter 24. Residential Landlord and Tenant Act of 1977 › Part 3. Rights and Duties of the Parties › 70-24-302. Landlord to deliver possession of dwelling unit

70-24-302. Landlord to deliver possession of dwelling unit.
(1) At the commencement of the term, a landlord shall deliver possession of the premises to the tenant in compliance with the rental agreement and 70-24-303. A landlord may bring an action for possession against a person wrongfully in possession.
(2) If a landlord accepts rent or a deposit from a person intending to occupy the premises, the landlord is considered to have given consent for the person to take possession of the property and to have created a landlord-tenant relationship.
History: En. 42-419 by Sec. 19, Ch. 313, L. 1977; R.C.M. 1947, 42-419; amd. Sec. 3, Ch. 222, L. 1993.
2023 Montana Code Annotated › Title 70. Property › Chapter 24. Residential Landlord and Tenant Act of 1977 › Part 3. Rights and Duties of the Parties › 70-24-304. Transfer of premises or termination of management -- relief from liability

70-24-304. Transfer of premises or termination of management -- relief from liability.
(1) Unless otherwise agreed, a landlord who conveys, in a good faith sale to a bona fide purchaser, premises that include a dwelling unit subject to a rental agreement is relieved of liability under the rental agreement and this chapter as to events occurring after written notice to the tenant of the conveyance. The landlord remains liable to the tenant for all security recoverable by the tenant pursuant to Title 70, chapter 25, and all prepaid rent.
(2) Unless otherwise agreed, a manager of premises that include a dwelling unit is relieved of liability under the rental agreement and this chapter as to events occurring after written notice to the tenant of the termination of the manager's management.
History: En. 42-421 by Sec. 21, Ch. 313, L. 1977; R.C.M. 1947, 42-421; amd. Sec. 2173, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 70. Property › Chapter 24. Residential Landlord and Tenant Act of 1977 › Part 3. Rights and Duties of the Parties › 70-24-305. Transfer of premises by tenant

70-24-305. Transfer of premises by tenant.
A tenant who vacates a dwelling unit during the term of a tenancy may not allow the possession of the property to be transferred to a third person or sublet the property unless the landlord or the landlord's agent has consented in writing.
History: En. Sec. 4, Ch. 222, L. 1993; amd. Sec. 2, Ch. 267, L. 2007.
2023 Montana Code Annotated › Title 70. Property › Chapter 24. Residential Landlord and Tenant Act of 1977 › Part 3. Rights and Duties of the Parties › 70-24-311. Landlord authorized to adopt rules

70-24-311. Landlord authorized to adopt rules.
(1) A landlord may adopt a rule concerning the tenant's use and occupancy of the premises. A rule is enforceable against the tenant only if:
(a) its purpose is to promote the convenience, safety, or welfare of the occupants in the premises, preserve the landlord's property from abusive use, or make a fair distribution of services and facilities held out for the tenants generally;
(b) it is reasonably related to the purpose for which it is adopted;
(c) it applies to all occupants in the premises in a fair manner;
(d) it is sufficiently explicit in its prohibition, direction, or limitation of the tenant's conduct to fairly inform the tenant of what the tenant must or must not do to comply;
(e) it is not for the purpose of evading the obligations of the landlord; and
(f) the tenant has notice of it at the time that the tenant enters into the rental agreement or when it is adopted.
(2) A rule adopted by a landlord must be in writing and must be given to each tenant residing on the premises and to each new tenant upon arrival.
(3) If a rule is adopted after a tenant enters into a rental agreement that works a substantial modification of the tenant's bargain, it is not valid until 7 days after written notice to the tenant in the case of a week to week tenancy or 30 days' written notice in the case of tenancies from month to month.
History: En. 42-423 by Sec. 23, Ch. 313, L. 1977; R.C.M. 1947, 42-423; amd. Sec. 3, Ch. 470, L. 1993; amd. Sec. 5, Ch. 487, L. 1993; amd. Sec. 1, Ch. 389, L. 1995.
2023 Montana Code Annotated › Title 70. Property › Chapter 24. Residential Landlord and Tenant Act of 1977 › Part 3. Rights and Duties of the Parties › 70-24-312. Access to premises by landlord

70-24-312. Access to premises by landlord.
(1) A tenant may not unreasonably withhold consent to the landlord or the landlord's agent to enter into the dwelling unit in order to inspect the premises, make necessary or agreed repairs, decorations, alterations, or improvements, supply necessary or agreed services, or exhibit the dwelling unit to prospective or actual purchasers, mortgagees, tenants, workers, or contractors.
(2) A landlord may enter the dwelling unit without consent of the tenant in the case of an emergency.
(3) (a) A landlord may not abuse the right of access or use it to harass the tenant. Except in the case of an emergency or unless it is impracticable to do so, the landlord shall give the tenant at least 24 hours' notice of the intent to enter and may enter only at reasonable times.
(b) For the purposes of this subsection (3), in addition to the provisions of 70-24-108, a tenant has notice of the intent to enter if the landlord conspicuously posts the landlord's intent to enter on the main entry door of the dwelling unit.
(4) A landlord has no other right of access except:
(a) pursuant to court order;
(b) as permitted by 70-24-425 and 70-24-426(2); or
(c) when the tenant has abandoned or surrendered the premises.
(5) A tenant may not remove a lock or replace or add a lock not supplied by the landlord to the premises without the written permission of the landlord. If a tenant removes a lock or replaces or adds a lock not supplied by the landlord to the premises, the tenant shall provide the landlord with a key to ensure that the landlord will have the right of access as provided by this chapter.
History: En. 42-424 by Sec. 24, Ch. 313, L. 1977; R.C.M. 1947, 42-424; amd. Sec. 5, Ch. 222, L. 1993; amd. Sec. 2174, Ch. 56, L. 2009; amd. Sec. 5, Ch. 536, L. 2021.
2023 Montana Code Annotated › Title 70. Property › Chapter 24. Residential Landlord and Tenant Act of 1977 › Part 3. Rights and Duties of the Parties › 70-24-313. Repealed

70-24-313. Repealed.
Sec. 52, Ch. 267, L. 2007.
History: En. Sec. 2, Ch. 487, L. 1993.
2023 Montana Code Annotated › Title 70. Property › Chapter 24. Residential Landlord and Tenant Act of 1977 › Part 3. Rights and Duties of the Parties › 70-24-314. Resident associations -- meetings

70-24-314. Resident associations -- meetings.
The membership of a resident association may elect officers of the association at a meeting at which a majority of the members are present. All residents may attend meetings.
History: En. Sec. 3, Ch. 487, L. 1993; amd. Sec. 3, Ch. 267, L. 2007.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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).
2023 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.
2023 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.
2023 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.
2023 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 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 70-24-312(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. 42-441 by Sec. 41, Ch. 313, L. 1977; R.C.M. 1947, 42-441(1); amd. Sec. 10, Ch. 222, L. 1993; amd. Sec. 1, Ch. 715, L. 2023.
2023 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.
2023 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.
2023 Montana Code Annotated › Title 70. Property › Chapter 24. Residential Landlord and Tenant Act of 1977 › Part 4. Remedies › 70-24-427. Landlord's remedies after termination -- action for possession

70-24-427. Landlord's remedies after termination -- action for possession.
(1) If the rental agreement is terminated, the landlord has a claim for possession, rent, and actual damages for any breach of the rental agreement.
(2) (a) Except as provided in subsection (2)(b), 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 70-24-321(3), the action must be heard within 5 business days after the tenant's appearance or the answer date stated in the summons. If the action is appealed to the district court, the hearing must be held within 10 business days after the case is transmitted to the district court, except that if the rental agreement is terminated because of noncompliance under 70-24-321(3), the action must be heard within 5 business days after the case is transmitted to the district court.
(b) A hearing for damages for any breach of the rental agreement must be held within 45 days after the claim of possession 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 and a writ of assistance immediately. The writ of assistance must be executed by the sheriff:
(a) within 5 business days of the sheriff receiving the writ of assistance, excluding of the date of receipt by the sheriff; or
(b) at a time no more than 5 business days after the sheriff receives the writ of assistance or as otherwise agreed to by the landlord and the sheriff.
History: En. 42-438 by Sec. 38, Ch. 313, L. 1977; R.C.M. 1947, 42-438; amd. Sec. 1, Ch. 585, L. 1993; amd. Sec. 4, Ch. 408, L. 2003; amd. Sec. 4, Ch. 343, L. 2013; amd. Sec. 2, Ch. 454, L. 2015; amd. Sec. 1, Ch. 517, L. 2021; amd. Sec. 2, Ch. 715, L. 2023.
2023 Montana Code Annotated › Title 70. Property › Chapter 24. Residential Landlord and Tenant Act of 1977 › Part 4. Remedies › 70-24-428. Landlord's recovery of possession limited

70-24-428. Landlord's recovery of possession limited.
Except in the case of abandonment, surrender, or as permitted in this chapter, a landlord may not recover or take possession of the dwelling unit by action or otherwise, including purposeful diminution of services to the tenant by interrupting or causing the interruption of heat, running water, hot water, electricity, gas, or other essential services.
History: En. 42-439 by Sec. 39, Ch. 313, L. 1977; R.C.M. 1947, 42-439.
2023 Montana Code Annotated › Title 70. Property › Chapter 24. Residential Landlord and Tenant Act of 1977 › Part 4. Remedies › 70-24-429. Holdover remedies -- consent to continued occupancy -- tenant's response to service in action for possession

70-24-429. Holdover remedies -- consent to continued occupancy -- tenant's response to service in action for possession.
(1) If the tenant remains in possession without the landlord's consent after expiration of the term of the rental agreement or its termination, the landlord may bring an action for possession.
(2) If the term is longer than month-to-month and the landlord terminates the rental agreement with cause and the tenant's holdover is purposeful and not in good faith, the landlord may recover an amount not more than 3 months' periodic rent or treble damages, whichever is greater.
(3) If the term of the rental is month-to-month and the landlord terminates the rental agreement without cause and issues a lawful 30-day notice and the tenant remains in the rental unit after the termination date, then the holdover is purposeful and the landlord may recover an amount not more than 3 months' periodic rent or treble damages, whichever is greater.
(4) In an action for possession or unlawful holdover, the provisions of the Montana Justice and City Court Rules of Civil Procedure, Title 25, chapter 23, apply, except that the time for filing an answer under Rule 4C(2)(b) is 5 business days after service of summons and complaint, exclusive of the date of service.
(5) If the landlord consents to the tenant's continued occupancy, 70-24-201(2)(e) applies.
History: En. 42-440 by Sec. 40, Ch. 313, L. 1977; R.C.M. 1947, 42-440(3); amd. Sec. 1, Ch. 176, L. 1993; amd. Sec. 3, Ch. 715, L. 2023.
2023 Montana Code Annotated › Title 70. Property › Chapter 24. Residential Landlord and Tenant Act of 1977 › Part 4. Remedies › 70-24-431. Retaliatory conduct by landlord prohibited

70-24-431. Retaliatory conduct by landlord prohibited.
(1) Except as provided in this section, a landlord may not retaliate by increasing rent, by decreasing services, or by bringing or threatening to bring an action for possession after the tenant:
(a) has complained of a violation applicable to the premises materially affecting health and safety to a governmental agency charged with responsibility for enforcement of a building or housing code;
(b) has complained to the landlord in writing of a violation under 70-24-303; or
(c) has organized or become a member of a tenant's union or similar organization.
(2) If the landlord acts in violation of subsection (1) of this section, the tenant is entitled to the remedies provided in 70-24-411 and has a defense in any retaliatory action against the tenant for possession.
(3) In an action by or against the tenant, evidence of a complaint within 6 months before the alleged act of retaliation creates a rebuttable presumption that the landlord's conduct was in retaliation. The presumption does not arise if the tenant made the complaint after notice of a proposed rent increase or diminution of services. For purposes of this section, "rebuttable presumption" means that the trier of fact is required to find the existence of the fact presumed unless and until evidence is introduced that would support a finding of its nonexistence.
(4) Subsections (1), (2), and (3) do not prevent a landlord from bringing an action for possession if:
(a) the violation of the applicable building or housing code was caused primarily by lack of reasonable care by the tenant, a member of the tenant's family, or any other persons on the premises with the tenant's consent;
(b) the tenant is in default in rent; or
(c) compliance with the applicable building or housing code requires alteration, remodeling, or demolition that would effectively deprive the tenant of use of the dwelling unit.
(5) The maintenance of an action under subsection (4) of this section does not release the landlord from liability under 70-24-405(2).
History: En. 42-442 by Sec. 42, Ch. 313, L. 1977; R.C.M. 1947, 42-442; amd. Sec. 6, Ch. 487, L. 1993; amd. Sec. 5, Ch. 267, L. 2007.
2023 Montana Code Annotated › Title 70. Property › Chapter 24. Residential Landlord and Tenant Act of 1977 › Part 4. Remedies › 70-24-432. Repealed

70-24-432. Repealed.
Sec. 52, Ch. 267, L. 2007.
History: En. Sec. 1, Ch. 483, L. 1999; amd. Sec. 3, Ch. 483, L. 1999; amd. Sec. 1, Ch. 90, L. 2005.
2023 Montana Code Annotated › Title 70. Property › Chapter 24. Residential Landlord and Tenant Act of 1977 › Part 4. Remedies › 70-24-436. Repealed

70-24-436. Repealed.
Sec. 52, Ch. 267, L. 2007.
History: En. Sec. 2, Ch. 470, L. 1993; amd. Sec. 3, Ch. 389, L. 1995; amd. Sec. 4, Ch. 401, L. 1997; amd. Sec. 2, Ch. 456, L. 2001; amd. Sec. 119, Ch. 114, L. 2003.
2023 Montana Code Annotated › Title 70. Property › Chapter 24. Residential Landlord and Tenant Act of 1977 › Part 4. Remedies › 70-24-441. Termination by landlord or tenant

70-24-441. Termination by landlord or tenant.
(1) The landlord or the tenant may terminate a week-to-week tenancy by a written notice given to the other at least 7 days before the termination date specified in the notice.
(2) The landlord or the tenant may terminate a month-to-month tenancy by giving to the other at any time during the tenancy at least 30 days' notice in writing prior to the date designated in the notice for the termination of the tenancy.
(3) The tenancy terminates on the date designated and without regard to the expiration of the period for which, by the terms of the tenancy, rents are to be paid. Unless otherwise agreed, rent is uniformly apportionable from day to day.
History: En. 42-440 by Sec. 40, Ch. 313, L. 1977; R.C.M. 1947, 42-440(1), (2); amd. Sec. 3, Ch. 456, L. 2001; amd. Sec. 6, Ch. 267, L. 2007.
2023 Montana Code Annotated › Title 70. Property › Chapter 24. Residential Landlord and Tenant Act of 1977 › Part 4. Remedies › 70-24-442. Attorney fees -- costs

70-24-442. Attorney fees -- costs.
(1) In an action on a rental agreement or arising under this chapter, reasonable attorney fees, together with costs and necessary disbursements, may be awarded to the prevailing party notwithstanding an agreement to the contrary.
(2) As used in this section, "prevailing party" means the party in whose favor final judgment is rendered.
History: En. 42-417 by Sec. 17, Ch. 313, L. 1977; R.C.M. 1947, 42-417.
2023 Montana Code Annotated › Title 70. Property › Chapter 25. Residential Tenants' Security Deposits › Part 1. General Provisions › 70-25-101. Definitions

70-25-101. Definitions.
As used in this chapter, the following definitions apply:
(1) "Cleaning expenses" means the actual and necessary cost of cleaning done by an owner or the owner's selected representative for cleaning needs not attributable to normal wear brought about by the tenant's failure to bring the premises to the condition it was at the time of renting.
(2) "Damage" means any and all tangible loss, injury, or deterioration of a leasehold premises caused by the willful or accidental acts of the tenant occupying the leasehold premises or by the tenant's family, licensees, or invitees, as well as any and all tangible loss, injury, or deterioration resulting from the tenant's omissions or failure to perform any duty imposed upon the tenant by law with respect to the leasehold.
(3) "Leasehold premises" means the premises occupied by the tenant together with all common areas, recreational facilities, parking areas, and storage facilities to which the tenant has access, as well as all personal property owned or controlled by the landlord the use of which is permitted to the tenant.
(4) "Security deposit" means value given, in money or its equivalent, to secure the payment of rent by the tenant under a leasehold agreement or to secure payment for damage to and cleaning of the leasehold premises. If a leasehold agreement or an agreement incident to a leasehold agreement requires the tenant or prospective tenant to provide or maintain in effect any deposit to the landlord for part or all of the term of the leasehold agreement, the deposit must be presumed to be a security deposit. A fee or charge for cleaning and damages, no matter how designated, is presumed to be a security deposit.
History: En. 42-301 by Sec. 1, Ch. 219, L. 1974; amd. Sec. 1, Ch. 297, L. 1977; R.C.M. 1947, 42-301; amd. Sec. 1, Ch. 505, L. 1991; amd. Sec. 2181, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 70. Property › Chapter 25. Residential Tenants' Security Deposits › Part 1. General Provisions › 70-25-102. Application of chapter

70-25-102. Application of chapter.
This chapter applies to all rentals of dwellings subject to Title 70, chapter 24, or Title 70, chapter 33.
History: En. 42-302 by Sec. 2, Ch. 219, L. 1974; R.C.M. 1947, 42-302; amd. Sec. 1, Ch. 383, L. 2023.
2023 Montana Code Annotated › Title 70. Property › Chapter 25. Residential Tenants' Security Deposits › Part 1. General Provisions › 70-25-103. Waivers and contrary provisions invalid

70-25-103. Waivers and contrary provisions invalid.
Any provision of a leasehold agreement, either oral or written, that is contrary to this chapter is invalid. Any attempted waiver of this chapter by the tenant is invalid.
History: En. 42-309 by Sec. 9, Ch. 219, L. 1974; R.C.M. 1947, 42-309; amd. Sec. 13, Ch. 115, L. 1979.
2023 Montana Code Annotated › Title 70. Property › Chapter 25. Residential Tenants' Security Deposits › Part 2. Rights and Duties › 70-25-201. Security deposit -- deductions authorized therefrom

70-25-201. Security deposit -- deductions authorized therefrom.
(1) A landlord renting property covered by this chapter may deduct from the security deposit a sum equal to the damage alleged to have been caused by the tenant, together with a sum equal to the unpaid rent, late charges, utilities, penalties due under lease provisions, and other money owing to the landlord at the time of deduction, including rent owed under 70-24-441(3), and a sum for actual cleaning expenses, including a reasonable charge for the landlord's labor.
(2) At the request of either party, the premises may be inspected within 1 week prior to termination of the tenancy.
(3) Cleaning charges may not be imposed for normal maintenance performed on a cyclical basis by the landlord as noted by the landlord at the time that the tenant occupies the space unless the landlord is forced to perform this maintenance because of negligence of the tenant. Additionally, cleaning charges may not be deducted until written notice has been given to the tenant. The notice must include the cleaning not accomplished by the tenant and the additional and type or types of cleaning that need to be done by the tenant to bring the premises back to its condition at the time of its renting. After the delivery of the notice, the tenant has 24 hours to complete the required cleaning, unless the rental agreement is already terminated pursuant to 70-24-427 or 70-33-427 and the landlord has a pending claim for actual damages filed in court. If notice is mailed by certified mail, service of the notice is considered to have been made 3 days after the date of the mailing. A tenant who fails to notify the landlord of the intent to vacate or who vacates the premises without notice relieves the landlord of the requirement of giving notice and allows the landlord to deduct the cleaning charges from the deposit, or the landlord may leave a copy of the notice in a conspicuous location in the rental unit and notify the tenant by e-mail, phone, or text, and notice is considered delivered.
(4) A person may not deduct or withhold from the security deposit any amount for purposes other than those set forth in this section.
History: En. 42-303 by Sec. 3, Ch. 219, L. 1974; amd. Sec. 2, Ch. 297, L. 1977; R.C.M. 1947, 42-303; amd. Sec. 14, Ch. 115, L. 1979; amd. Sec. 2, Ch. 505, L. 1991; amd. Sec. 1, Ch. 342, L. 1993; amd. Sec. 4, Ch. 389, L. 1995; amd. Sec. 5, Ch. 401, L. 1997; amd. Sec. 9, Ch. 536, L. 2021; amd. Sec. 2, Ch. 383, L. 2023.