Montana Statewide Rule
Montana Habitability & Repair Standards
Key Facts
- Core duty
- Keep premises fit and habitable
- Heat season
- Reasonable heat Oct 1 – May 1
- Repair-and-deduct cap
- Up to 1 month's rent
- Cure period
- 14 days (3 working days for emergencies)
- Governing statute
- Mont. Code Ann. §§ 70-24-303, -406, -408
Summary
Mont. Code Ann. § 70-24-303 requires Montana landlords to keep rentals fit and habitable: meeting building codes, maintaining utilities, supplying running water, reasonable hot water, and heat from October 1 to May 1, and installing smoke and carbon monoxide detectors. Tenants may repair-and-deduct up to one month's rent under § 70-24-406.
70-24-303. (Temporary) Landlord to maintain premises - agreement that tenant perform duties - limitation of landlord's liability for failure of smoke detector or carbon monoxide detector. (1) Subject to 27-1-1603, a landlord: (a) shall comply with the requirements of applicable building and housing codes materially affecting health and safety in effect at the time of original construction in all dwelling units where construction is completed after July 1, 1977; (b) shall 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 70-24-321; (c) shall keep all common areas of the premises in a clean and safe condition; (d) shall 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;
Full Breakdown
Under Mont. Code Ann. § 70-24-303 a landlord must comply with building and housing codes materially affecting health and safety, make repairs to 'put and keep the premises in a fit and habitable condition,' keep common areas clean and safe, maintain electrical, plumbing, heating, ventilating, and air-conditioning facilities, provide garbage receptacles and removal, and supply running water, reasonable hot water at all times, and reasonable heat from October 1 through May 1. CO and smoke detectors must be installed and working at lease commencement. If a landlord fails to remedy a defect within 14 days of written notice (3 working days for emergencies), the tenant may repair-and-deduct up to one month's rent or recover damages under §§ 70-24-406 and 70-24-408.
Violations & Penalties
On the landlord's noncompliance after the required notice, a tenant may make repairs costing no more than one month's rent and deduct the cost, terminate the rental agreement, recover actual damages, and obtain injunctive relief (§§ 70-24-406, 70-24-408).
Frequently Asked Questions
What habitability duties does a Montana landlord owe?
Can a Montana tenant repair and deduct?
When must a Montana landlord provide heat?
Sources
See something wrong?
Help us keep this page accurate. If you notice an error or outdated information, let us know.