The landlord tenant law for Montana residential property was enacted in 1977 for the purpose of specifying the rights and duties of all parties of a residential lease agreement. LandLordStation.com offers information pertaining to the provisions of the Montana landlord tenant act, but always recommends that you consult an attorney before entering into a residential legal agreement.
The following is a list of some of the rights and obligations of both the landlord and the tenant under the Montana landlord tenant act.
• A tenant has the right to a safe and sanitary home. Tenants have the right to notify the landlord of violations and to withhold rent until they are remedied.
• A tenant has the right to privacy, peace, and quiet. A landlord can enter the premises at reasonable times for repairs and inspections, but must notify the tenant first.
• A tenant has the right to obtain written receipts for rent or deposits.
• A tenant has the right to receive written notice of changes in lease terms. Tenants must be given thirty (30) days written notice of any change in a month to month oral rental agreement.
• A tenant has to right to have repairs made within a reasonable amount of time after requested in writing. The city or county may have an ordinance specifying the time that a landlord has to make certain repairs.
• A tenant has the right to remain in residence until proper procedure is taken. Tenants have the right to remain in the property until legally evicted by a court order. Landlords do not have the right to lock tenants out of the property.
• A tenant must pay the rent on time and in full.
• A tenant must take reasonable care of property. When tenants move out, the property must be left in the same condition that was when received, less normal wear and tear.
• A tenant must notify the landlord in writing when vacating the property for an extended period of time.
• A tenant must inform a landlord of needed repairs, in writing.
• A tenant must keep noise levels down and be considerate of other renters and neighbors by keeping the noise level down.
• A tenant must abide by the lease agreement terms unless a court determines that all or part of the lease is illegal and becomes null and void.
• A tenant must give 30 days’ written notice before the end of the rental term, even if a lease has defaulted to month-to-month.
• Landlords should receive full payment of the rent on time, so long as the rental property is kept in good condition.
• Tenants should notify the landlord when they are leaving town for an extended period of time.
• Tenants should request repairs in a timely manner and in writing.
• Tenants must abide by all terms of the signed lease.
• Month to month tenants must provide 30 days written notice before moving, unless the rental agreement specifies another notice period.
• Landlords must comply with all health and building codes that apply to the rental property.
• Landlords must make requested repairs promptly.
• Landlords must give the tenants 24 hours written notice prior to entering their home, except in emergencies, as defined by law.
• Landlords must maintain peace and quiet and ensure that tenants can live on the property in peace, without unreasonable disturbances from landlord or other tenants.
• Landlords must give a 30-day written notice of any changes in a month-to-month agreement, such as rent increases, unless there is a written rental agreement which specifies a longer notice period. If there is, landlords must give written notice of any changes in compliance with the longer period of time in the written agreement.
• Landlords must abide by the lease agreement.
• If an eviction is necessary, landlords must follow the legal (statutory) eviction process set out in Residential Landlord and Tenant Act of 1977 M.C.A., Title 70, Chapter 24.
The information provided in this article is meant to give landlords and tenants in the state of Montana a better understanding of the Montana landlord tenant laws. For additional information regarding this Act or to see a copy of this Act, visit the website of the Montana State Legislature. If you have additional questions or have a landlord or tenant issue, be sure to consult an attorney for legal advice. All of the laws pertaining to landlords and tenants can change from time to time so be sure you have the latest information.
For additional information about the landlord tenant law for Montana or for any day-to-day residential landlord and tenant issues and to take advantage of the best tenant screening services, visit LandLordStation.com. We also offer friendly customer service representatives who will be happy to help you.
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