Yellowstone County Attorney's Office
Dennis Paxinos, County Attorney
dpaxinos@co.yellowstone.mt.gov
(406) 256-2870

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Landlord-Tenant Issues

This page addresses information on issues between landlords and tenants, such as eviction, rental agreement termination, notice, time periods, and the process of terminating a landlord-tenant relationship. All links to Montana Code Annotated references open in a new window. Residential Landlord and Tenant Act

What the Law Requires

Rental agreements may be written or oral, and may not provide that a party agrees to waive any rights or remedies under the Act. (70-24-202 MCA)

Notice is accomplished by 1) a party having actual knowledge, 2) hand delivery from one party to another, or 3) mail, either by certified mail or with a certificate of mailing. If mailed, notice is considered to have been made three (3) days after mailing. (70-24-108 MCA)

Maintenance of premises is a shared responsibility, with the landlord having the duty to maintain essential services and effect repairs for fitness and habitability (70-24-303 MCA), and the tenant having the duty to keep the premises safe and clean. (70-24-321 MCA)

1. If the landlord fails to maintain the premises as required, the tenant may:

--by Notice, specify the noncompliance and request remedy within fourteen (14) days.
--terminate the rental agreement no less than thirty (30) days after Notice if the landlord does not come into compliance.
--make repairs upon landlord's default to do so, not in excess of one (1) month's rent, and deduct such costs from rent.
--procure essential services such as heat, hot water, gas, and electricity during the period of the landlord's noncompliance and deduct the cost from rent.
(70-24-206, 70-24-408 MCA)

2. If the landlord purposefully interrupts essential services such as heat, running water, hot water, electricity or gas, the tenant may recover an amount no more than three (3) months rent or treble damages, whichever is greater. (70-24-411 MCA)

Refusal of Access

If a landlord unlawfully removes or excludes tenant from the premises, the tenant may recover an amount no more than three (3) months rent or treble damages, whichever is greater. (70-24-411 MCA)

If a tenant refuses to allow a landlord lawful access to the premises, the landlord may obtain injunctive relief to allow access, or terminate the rental agreement. In either case, the landlord may recover actual damages. (70-24-424 MCA)

Termination/Notice of Eviction

In general, the landlord may terminate the rental agreement for tenant noncompliance subject to the following time and notice requirements:

--for general tenant noncompliance, fourteen (14) days written notice
--for the same act or omission for which the tenant recieved notice within the past six (6) months, five (5) days written notice
--for non-payment of rent, three (3) days written notice, unless the tenant leases space for a tenant-owned mobile home, in which case it shall be a fifteen (15) day notice.

The landlord may also recover actual damages, and if the tenant's noncompliance was purposeful (except for non-payment of rent), the landlord may recover treble damages. (70-24-429 MCA)

Action for Possession

-- If the rental agreement is terminated, the landlord may initiate an action in court for claim of possession.
--If the tenant remains in possession without landlord consent after termination of the agreement, he must file an answer within ten (10) days after service of summons and the complaint.
--A hearing must be held within twenty (20) days of tenant's answer.
--The court must rule on landlord's action within five (5) days after the hearing.
(70-24-427, 70-24-429 MCA)

Security Deposits

No deductions: the landlord shall return the entire security deposit to the tenant within ten (10) days of the termination of the rental agreement if there are no deductions for unpaid rent, damages, or cleaning expenses.

Deductions: the landlord may deduct from the security deposit a sum equal to damages caused by the tenant, unpaid rent, and cleaning expenses.

--Cleaning charges may not be deducted until written notice has been given to tenant. The tenant has 24 hours from the time of notice to complete the required cleaning.
--Within thirty (30) days following termination of the rental agreement, the landlord must provide the tenant with a written list of all deductions made from the security deposit together with payment of the difference between the security deposit and the permitted charges.
(70-25-202 MCA

Authority

Statute: 70-24-101, et seq. The Montana Landlord Tenant Act.

Other Sources of Information

1. Montana Legal Services Corporation provides a brochure for landlords and tenants which is helpful for basic questions. Copies can be obtained from:

Montana Legal Services Corporation
304 N. Higgins
Missoula, MT 59802

2. A more complete treatment is given in: Klaus Sitte, For Rent: The Complete Montana Landlord and Tenant Guide (1994). Copies are available by writing to:

Klaus Sitte
2618 Anthony Lane
Missoula, MT 59803

 
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