MontPIRG Tenant Landlord Guide 2023.docx

Montana Tenant-Landlord Guide

Revised Edition, 2023

Project Coordinators

Hailey Duﬃn

Paul Hutton

Edessa Mitzel

Max Nelson

Brandon Smith

Georgia Balius

Madeleine French

Special Thanks to:

Klaus Sitte, Andrew Person, Greg Trangmoe, and Ryan Aikin

First Edition: May 1983. Copyright MontPIRG, Inc.

Revised 1985, 1988, 1991, 1993, 1996, 1998, 2001, 2014, and 2023.

The Montana Public Interest Research Group (MontPIRG) is a student directed and

funded non-partisan organization dedicated to aﬀecting tangible, positive change

through educating and empowering the next generation of civic leaders. Our goal is

to help students become informed and equipped with the knowledge, skills, and

conﬁdence to advocate for the public interest. Get involved and make a diﬀerence!

Table of Contents

Introduction 5

Landlord-Tenant Statutes in Montana 5

The Basics of Easy Renting 6

I: Choosing a Rental Unit 8

Factors to Consider 8

Bargaining 8

The Holding Deposit 9

Screening Prospective Tenants 10

Discrimination 10

II: Establishing a Rental Agreement 12

Statement of Condition of the Premises 12

The Rental Agreement 12

Verbal Versus Written Rental Agreement 13

Standard (Month-to-Month) and Lease Agreement 14

Special Provisions 15

Repairs 15

Pets 15

Emotional Support Animals 16

Managing Premises for Landlord 16

Subletting Agreements 17

Special Use of the Premises 17

The Security Deposit Agreement 18

III: Landlord and Tenant Rights and Responsibilities 19

General Provisions 19

Maintenance of Premises and Property 19

Damages and Repairs 19

Utilities 23

Fire Safety 24

Mold 25

Renter's Insurance 26

Landlord’s Right to Access; Tenant’s Right to Privacy 27

Changing the Rental Agreement 29

What Constitutes Notice? 29

IV: Ending the Rental Agreement 31

Termination 31

Security Deposit Refund 32

Eviction Procedures 33

Eviction Process 36

Retaliatory Conduct by the Landlord 37

V: Solving Problems 39

Standard Complaint Letter 40

Consulting an Attorney 41

Civil Court 42

Where to File 43

Filing in Civil Court 43

Counterclaim and Removal 44

At the Trial 45

Judgment 46

Appeal 46

VI: Mobile Home Owners Renting Space in Mobile Home Parks and Their Landlords 47

Rental Agreements 47

Rules 48

Resident Associations 48

Road Maintenance Obligations 49

Reasons for Eviction 49

VII: Section 8 Housing 51

Screening of Tenants 51

Security Deposits 52

Landlord Responsibilities 52

Tenant Responsibilities 53

Payments to Landlords 53

Rent Adjustments 54

Terminations and Evictions 54

VIII: Appendices 56

A: Checklist for Choosing a Rental Unit 56

B: Model Rental Agreement 59

C: Model Statement of the Condition of the Premises 63

D: Model Roommate Rental Agreement 68

E: Model Holding Deposit Agreement 70

F: Model Security Deposit Agreement 71

G: Sample Repairs Letters 72

H: Sample Mold Disclosure 73

I: Additional Resources 74

Glossary 80

Index 83

Introduction

Welcome to the 10th edition of the Montana Public Interest Research Group’s

(MontPIRG) Tenant Landlord Guide. MontPIRG ﬁrst published this guide in 1983 in

response to a survey of University of Montana students that showed that they faced

many problems as tenants, mostly due to a lack of understanding of Montana’s

tenant-landlord law. Though this guide was originally meant to be a source for

student-tenants, it has become the standard source of information on tenant-landlord

law for both landlords and tenants across the state.

Taking its expanding audience into account, the newest edition seeks to provide vital

information for both landlords and tenants in language that is accessible to the

general public. This edition has been updated to include changes to tenant-landlord

law made as of October 2023, with newly added and updated provisions highlighted

in yellow. This guide is designed to help tenants and landlords avoid problems

wherever possible, and if disputes arise, to solve them quickly and inexpensively. The

information and suggestions contained in this guide are based upon Montana law,

consultations with attorneys, and extensive outreach to students to determine what

issues are being faced in their lives today.

This guide is both a resource and a workbook. Use the table of contents and index to

get quick answers to speciﬁc questions you may be facing or read it cover-to-cover in

order to gain a detailed understanding of what your rights are as a renter or as a

landlord. This guide will give you comprehensive knowledge of the legal rights and

responsibilities held by tenants and landlords, the remedies provided by law for

resolving disputes, and practical tips on maintaining a good landlord-tenant

relationship.

Landlord-Tenant Statutes in Montana

Throughout this guide, you will see citations in parentheses, similar to (70-24-101, MCA).

MCA refers to the Montana Code Annotated, which is the collection of laws for the state

of Montana. The ﬁrst number indicates the title, the second the chapter, and the third

the section of the Montana Code Annotated. For example, in the reference (70-24-101,

MCA) the information was taken from Title 70, Chapter 24, and Section 101 of the

Montana Code Annotated. The sections of the MCA which you will ﬁnd most frequently

in this guide and in the search for legal information on landlord-tenant issues are the

Montana Residential Landlord and Tenant Act of 1977 (70-24, MCA) and the Residential

Tenants’ Security Deposits Act (70-25, MCA). ARM refers to the Administrative Rules of

Montana, which are agency regulations that have the force of law. You can ﬁnd current

versions of these and other Montana statutes at the Montana Legislative website:

https://leg.mt.gov/bills/mca/index.html. Current versions of the ARM can be found at

https://rules.mt.gov/.

The Basics of Easy Renting

1. Make all agreements and requests in writing, and save photocopies for your

records.

Verbal agreements are legally binding in Montana, but they are much harder to

enforce than written agreements. As such, anytime you communicate with your

landlord or your tenant, it is best to do so in writing. Remember to always keep a

personal copy of any written agreement. You can ﬁnd model written agreements for

common rental issues in Part VIII of this guide.

2. Read and understand agreements before signing them.

Ensure that you read everything in any contract. If there is something you do not

understand, ask the landlord to explain it to you. If you are not comfortable with the

explanation, do not sign it. Never assume that a verbal explanation accurately

paraphrases what you are about to sign, and never allow yourself to be rushed into a

deal. Part II of this guide explains the most common parts of a rental agreement.

3. Develop a landlord-tenant relationship and attempt to resolve problems

amicably.

Disputes will rarely arise if both parties understand their rights and fulﬁll their

obligations. Part III of this guide will help you understand your rights as a landlord or a

tenant. When a problem does arise, ensure that you communicate with the other party

to ﬁnd a mutually beneﬁcial resolution. Part V of this guide provides some helpful tips

for resolving disputes between a landlord and tenant.

4. If you can not resolve a legitimate grievance, pursue it in court.

Montana tenant-landlord law includes many protections for both landlords and

tenants. However, these protections are meaningless if they are not invoked to protect

the rights of the respective parties. In keeping the landlord accountable to you as a

tenant, you not only help yourself but also future tenants.

As a landlord, if a tenant is in default of the rental agreement, you have straightforward

legal rights to pursue your grievances and resolve disputes with your tenant. Part V of

this guide walks you through the process of taking a landlord-tenant grievance to

court.

5. When you have a question or problem, call Montana Legal Services HelpLine at

1-800-666-6899.

Part I: Choosing a Rental Unit /

Choosing a Renter

Factors to Consider When Looking for a Rental

Before looking for a place to live, consider what you can aﬀord

and what you need. Decide how much you are willing to pay

for rent and utilities. When considering a speciﬁc unit, ﬁnd out

how much the utilities will cost. Ask previous tenants and the

landlord what the utilities have cost in the past. If necessary,

ask the landlord to request the information for you from

Northwest Energy or your local power company, which should

have records of the previous year’s gas and electric bills.

List those assets you want or need, for example laundry

facilities, location in relation to work or school, safety, parking

availability, access to public transportation, pet policy, etc.

Then use the “Checklist for Choosing a Rental Unit” (Appendix

A, page 55) to assist you in choosing a rental unit which meets

your needs.

Bargaining

As you ﬁnd generally desirable rental units, remember that you can bargain with the

landlord for acceptable terms. For example, a landlord might be willing to lower rent,

spread the security deposit over several monthly payments, or alter pet policies. Too

often tenants mistakenly assume that bargaining is unacceptable; however, many

landlords are willing to bargain for a good renter. See what the landlord wants, vocalize

what you want and negotiate for a rental agreement that works for both parties. If you

do make special arrangements, remember to put them in writing on the rental

agreement. For more information, see “Establishing a Rental Agreement” (page 11).

The Holding Deposit

The Montana Residential Landlord

Tenant Act does not speciﬁcally

address holding deposits, but

generally a holding deposit is an

amount of money paid by a

prospective tenant to reserve a

dwelling space until a rental

agreement is formally initiated. In

accepting such a deposit, the

landlord is considered to have given

consent for the person to take

possession of the property. When the

tenant moves out, the deposit is often

returned or applied toward other

rental charges as a credit. If a tenant

pays a holding deposit and then

backs out of the deal, the landlord

often keeps the deposit as payment

for having taken the unit oﬀ the

market for the tenant.

Because they lack a legal deﬁnition in

state law, holding deposits are

deﬁned by

contract law. This makes it very important to negotiate a

complete rental agreement as well as a written agreement

with the landlord that spells out the terms of the holding

deposit, including the last date that you can opt not to sign the

rental agreement.

Without a written agreement, the purpose and function of the

holding deposit becomes the landlord’s word against the word

of the prospective tenant. Before you pay a holding deposit,

make sure you have the conditions of the holding deposit

spelled out on paper to your satisfaction. Get a receipt for the

payment, and be sure to keep a copy of the holding

agreement for yourself.

Screening Prospective Tenants

Many landlords screen prospective tenants to ensure that they will maintain the unit

and pay rent on time. Landlords may ask applicants for names, addresses, and phone

numbers of previous landlords or rental agencies to ﬁnd out about their rental history.

A landlord may also run a credit check, request personal references, and information

on employment and income to determine ability to pay.

Discrimination (49-2-305, MCA)

While screening tenants is important for landlords to ensure that their property will be

cared for and that rent will be paid, landlords may NOT use the screening process to

discriminate against prospective tenants. Unless a landlord is renting a room in their

own house, the landlord is forbidden from discriminating against a potential tenant on

the basis of the individual’s race, color, creed, religion, sex, age, marital status, familial

status, national origin, or mental or physical disability (49-2-305(2), MCA).

If you feel you are being discriminated against, or if you have questions about

discrimination, call the Montana Human Rights Bureau at 1-800-542-0807 or visit their

website at https://erd.dli.mt.gov/human-rights/. Montana Fair Housing can also assist

you in ﬁling a discrimination complaint. They can be reached at their main oﬃce in

Butte at (406) 782-2573 or 1-800-929-2611.

The prohibitions against discrimination based on age or familial status mean that it is

illegal to discriminate against tenants with children. The two exceptions to this law:

1) if the residence in question is owner-occupied, provided that the owner

rents no more than three rooms within the residence, or

2) if the residence in question is part of an “all-adult” community that has

adhered to the policies that demonstrate the housing is intended for a certain

age, such as a nursing home (49-2-305(10), MCA).

Federal law also establishes rights to accessible housing for persons with disabilities. If

a rental unit can be made accessible with reasonable changes and/or additions, a

landlord must allow the tenant to make those changes (at the tenant’s cost). Additional

information on the housing rights of people with disabilities can be obtained by calling

agencies listed in the referrals section of this guide, most notably Montana Fair

Housing.

A landlord might try to discourage prospective tenants they consider “undesirable” in a

variety of ways. Common tactics include sharply raising the rent or security deposit

above the advertised cost. Upon seeing the tenant in person, the landlord might

announce that the unit “was just rented.”

If you feel that a landlord is discriminating against you, contact Montana Fair

Housing at 1-800-929-2611.

Part II: Establishing a Rental Agreement

Statement of the Condition of the Premises (70-25-206, MCA)

At the beginning of the tenancy the landlord must provide the tenant with a written

statement of the condition of the premises. The landlord is also required to provide a

list of damage and cleaning charges assessed to the previous tenant upon the tenant's

request. Many landlords choose to have their tenants ﬁll out a "check-in" sheet or

something similar to the Condition of Premises form in Appendix C (page 57) of this

guide in order to comply with this requirement. It is also recommended that tenants

take pictures of their rental space upon moving in to provide an objective

representation of the condition of the premises. These options are the most beneﬁcial

to renters because they will often highlight defects in greater detail to preserve their

deposit. You should retain copies of these documents for your records. The Condition

of Premises report is important because without it there is no evidence of the condition

of the unit when the tenant moved in. The report protects the tenant from being

charged for conditions that existed prior to the beginning of the tenancy and provides

the landlord with the evidence necessary to withhold money from the security deposit

for damages caused by the tenant.

If the landlord fails to provide a statement of the condition of the premises, they

relinquish their claim to withhold cleaning or damage charges from the security

deposit when the tenancy ends. Without a written condition of premises the legal

burden of proof is on the landlord to prove by "clear and convincing evidence" that the

tenant is responsible for the damage in question. This evidence must be presented

before any part of the deposit can be withheld (70-25-206, MCA).

The Rental Agreement

Montana law deﬁnes a rental agreement as any written or verbal agreement

embodying the terms and conditions concerning the use and occupancy of a dwelling

unit and premises (70- 24-103, MCA). The landlord and the tenant must decide

between a verbal or written agreement; and must choose a standard, term, or lease

agreement. The rental agreement should carefully outline any special provisions such

as additional repairs to be performed or tenancy rules.A landlord is not allowed to

require a tenant to provide an email address as a condition of their rental agreement

(70-24-202, MCA). Verbal and written rental agreements are legally binding on both

parties. No rental agreement may contain provisions which violate the law, or waive or

forego the rights or remedies of any party under the law (70-24-202, MCA). Courts in

Montana have considerable discretion in ﬁnding provisions of a rental agreement to be

"unconscionable." These are provisions that, while not violating the letter of the law, are

unfair or repressive to one of the parties. Neither party is required to abide by a rule in

a rental agreement that is contrary to Montana law or has been found by a court to be

unconscionable (70-24-404, MCA). Provisions that are unconscionable include

agreeing to limit a landlord’s legal responsibilities in case of negligence or misconduct,

requiring a tenant to pay a landlord’s attorney’s fees, and discriminatory practices like

raising rent for tenants with children. If a provision violates the federal Fair Housing Act,

it is considered unconscionable.

Verbal Versus Written Rental Agreements

Verbal and written rental agreements are treated diﬀerently under the law.

Verbal agreements are agreements in which there is no written documentation of the

terms of your tenancy. The tenant and landlord simply decide upon the amount of

rent, when it will be due, the security deposit amount, and perhaps a few simple rules.

Speciﬁc issues not covered by the agreement are set to default terms established by

state and federal law. Verbal agreements are convenient to the extent that they are

usually short and do not involve reading ﬁne print. Technically, they are just as legally

binding as written agreements. However, verbal agreements can be diﬃcult to enforce.

First, you must prove that some agreement exists; then you must prove what the

terms of that agreement are. If a dispute arises later on, it is likely to deteriorate into an

argument pitting the tenant's word against the landlord's. If witnesses are present,

some of these diﬃculties may be avoided later.

If the person you are entering into a rental agreement with does not wish to sign a written

agreement, make notes as to witnesses present and the substance of the agreement.

Send a signed and dated letter identifying the key points of the agreement to the

other party. Keep a copy of the letter for your records. By sending this letter, you not

only document your understanding of the agreement, but you also create an

opportunity for the other party to clear up disagreements.

A written agreement is a signed document listing the terms and

provisions of your tenancy. The terms of written agreements are

easier to enforce because:

1) They are clearly deﬁned

2) The signatures indicate that both parties

understand and accept the terms of the agreement

Before signing an agreement, make sure that you read and understand all of its

provisions. Under certain circumstances, a written agreement need not be signed by

both parties to be binding. If either the landlord or the tenant does not sign and deliver

a rental agreement which has been duly signed and delivered by the other party, but

acts as though they did, then the agreement has the same eﬀect as if it had been

signed. If a landlord accepts rent money, or if a tenant takes possession of the dwelling

unit, then they act as though the rental agreement was signed. If a rental agreement

concerning a period of tenancy for longer than one year is unsigned, then that

agreement is only binding for one year (70-24-204, MCA).

Montana law requires that rental agreements be written in plain and understandable

language. If you are unsure of the implications of a certain term or provision, ask an

attorney about it or contact another form of legal help. If there is something you do not

like in an agreement, discuss it with your landlord. Come to a mutual agreement, cross

out or revise that section, and initial the modiﬁcation with your landlord. If there is

something you do not like in an agreement, cross it out and initial the modiﬁcation with

your landlord. After negotiating and signing a rental agreement, be sure to retain a

copy of it for your records. Be aware that a tenant cannot be bound to provisions in a

lease agreement which are prohibited by the Montana Residential Landlord Tenant

Act (70-24-202, MCA). The law always takes precedent if there is any doubt.

Standard (Month-to-Month) and Lease Agreements

There are two kinds of rental agreements: the standard month-to-month agreement,

and the lease. Standard month-to-month agreements can be terminated by either

the landlord or the tenant on thirty (30) days written notice FOR ANY REASON or FOR

NO REASON, unless the termination is discriminatory or retaliatory (see the sections on

discrimination and retaliation). In addition, the landlord can change the terms of the

rental agreement (including rent) on thirty (30) days written notice. If a rental

agreement is terminated without cause and prior to the expiration of the agreement,

the party receiving the notice of cancellation is entitled to seek monetary

compensation of up to one month’s rent (70-24-201(2)(f), MCA). If the tenant breaks the

agreement early, the landlord is entitled to rent until a new tenant is found or until the

date the old agreement was supposed to expire, whichever comes ﬁrst.

Leases are rental agreements which do not allow either the landlord or the tenant to

vary the terms of the rental agreement until the lease expires, unless the terms of the

lease are violated. If either the landlord or the tenant wish to terminate the lease at

the end of the term, a thirty (30) day notice must be given to the other party. If a lease

expires, but the tenant continues to pay rent and live at the rental unit and the

landlord continues to accept rent, the rental agreement continues, unless otherwise

detailed in the lease. The lease then becomes a standard month-to-month

agreement. (70-24-205, MCA).

Sometimes a rental agreement will be referred to as a "term agreement." Provided

neither the tenant nor the landlord can change the terms of the agreement for the

term speciﬁed in the rental agreement, then the "term agreement" is for all purposes a

lease.

Occasionally, however, a "term agreement" will prohibit the tenant from terminating

the rental agreement before the term speciﬁed, but will allow the

landlord to terminate the rental agreement, raise rent, or otherwise change the terms

of the agreement within the term speciﬁed. Clearly, such an agreement is in almost all

circumstances not beneﬁcial to the tenant and should be avoided.

Special Provisions

Many times the landlord and tenant will make special

agreements regarding repairs, pets, subletting, etc.

These provisions should be spelled out in a written

agreement.

1. Repairs. If the landlord has agreed to perform

repairs, the repairs and the dates by which they

will be completed should be listed on the rental

agreement. Each party should initial each repair

that is added.

2. Pets. If a tenant plans to have a pet, it is

recommended to get detailed written

permission from the landlord. Sometimes the

landlord will request an additional pet security

deposit to cover cleaning or damage costs,

which may be associated with the pet. If so,

tenants should make sure the terms of the

deposit agreement are clear, and keep a copy for their records. Under Montana

law, pet deposits are subject to all of the same rules and regulations as security

deposits (70-25-101(4), MCA). Pet deposits cannot be "non-refundable" or have

other terms associated with them that violate the Montana Residential Tenants'

Security Deposits section of the Montana Code (70-25, MCA). However, landlords

are allowed to charge higher rents to tenants with pets.

If a tenant has a pet which is not allowed by the rental agreement, the landlord

may give the tenant a three-day notice specifying

that the tenant must either get rid of the pet or vacate

the premises. For the tenant, temporarily removing or

"hiding" the pet is not a good solution. Following the

initial notice, if the landlord discovers any

unauthorized pet in the rental within the next six (6)

months, they can give the tenant a ﬁve (5) day notice

to move out, with no opportunity to remedy the

situation. If any unauthorized pet causes damage,

the landlord may give the tenant a three (3) day notice of termination for

destruction of property, in which case removing the pet would do no good and

the tenant should ﬁnd another place to live.

3. Emotional Support Animals (70-24, MCA, HB 703). A tenant with a

disability-related need is allowed to request permission from their landlord to

keep an emotional support animal (ESA). The landlord is authorized to request

information that reasonably supports the tenant’s need for the animal. This

information ought to come from a licensed healthcare professional who has had

an established relationship with the tenant for at least thirty (30) days and has

completed a clinical evaluation of the tenant regarding their need for an ESA. A

landlord may NOT request information that discloses a speciﬁc diagnosis or the

severity of any given disability. Any ESA registration, certiﬁcate, or identiﬁcation

card is not considered suﬃcient supporting information. A landlord is allowed to

reject an ESA request if the animal poses a direct threat to the health and safety

of other residents or if there is a direct threat of physical damage to the property.

The tenant is liable for any damages that occur because of the ESA. However, the

landlord is NOT allowed to charge higher rates for the security deposit or rent, as

an ESA is a reasonable accommodation related to a disability.

4. Managing Premises For Landlords (70-24-303(3)(4), MCA). Tenants may arrange

(in writing) with the landlord to perform repair and maintenance tasks

themselves, providing all of the following conditions are met: a) the agreement is

not made in order for the landlord to evade their responsibilities; b) the work the

tenant does is not necessary to bring the dwelling into compliance with the housing

code; c) the agreement does not diminish the landlord's responsibility to other

tenants. However, in buildings that contain more than three dwelling units, these

kinds of arrangements are prohibited in order to protect the tenant from

becoming a general maintenance person for the complex.

5. Subletting Agreements (70-24-305, MCA). Some landlords allow tenants to

sublet, or rent, their rental unit to someone for a speciﬁed period of time. Tenants

normally sublet in order to hold a rental unit for a period in which they will be

gone (as in the case of a tenant who leaves for the summer but wants to keep

their apartment), or in order to complete the time remaining on a term agreement

or lease.

If a tenant decides to sublet, they retain all their rights and responsibilities as a tenant,

but they also take on all the rights and responsibilities of a landlord - the tenant

becomes a landlord to the new tenant. Thus, the tenant is still responsible for the

timely payment of rent, and for any damages caused by the person subletting from

them, but as a landlord they also take on signiﬁcant new obligations to, for example,

keep the rental unit ﬁt and habitable and to give adequate notice for terminating or

changing the rental agreement.

A tenant may not sublet their rental property unless

1) they have written permission from their landlord and;

2) the subletting agreement is not longer than the period of the rental

contract (i.e. the sublet agreement cannot extend past the end of the lease

or no more than one (1) month's time for a month-to-month agreement.)

If you sublet, use a written rental agreement and include in it all the terms of your

rental agreement with the landlord. Draw up a separate, written agreement stating the

amount and terms of a security deposit. Sublet only to people who recognize the

unique nature and responsibilities of the situation and will conduct themselves

accordingly.

Special (Non-Residential) Uses of the Premises. If a tenant wishes to use the premises

in ways other than as a home to live in-e.g. as an oﬃce, day care center, wood- shop,

etc. they must get special permission from the landlord. The tenant and landlord should

put the terms of this permission in writing as part of the rental agreement. Residential

rentals must be used primarily as residences. Small businesses may be run out of a

residential unit only if this activity is secondary to the use of the unit as a residence. The

information in this guide only pertains to residential rental situations. If you rent space

for a business, for storage, or for an art studio, etc., the information in this guide will not

apply to your rental agreement.

The Security Deposit Agreement (70-25, MCA)

Most landlords require the tenant to put down an amount of money, separate from

rent, to protect the landlord from losses due to tenant-caused damages, appropriate

cleaning not performed by the tenant, and unpaid rent and utilities owed by the tenant

after the rental agreement is terminated. This is usually called the “cleaning” or

“security” deposit. It should be noted, however, that any money (or its equivalent)

collected by the landlord to ensure the premises are left clean, no damages have

occurred, and that all rent and utilities are paid is considered to be a security deposit,

regardless of what it is called (70-25-101(4), MCA). Landlords cannot evade security

deposit regulations simply by calling the security deposit, or a portion thereof, by a

diﬀerent name (i.e. pet deposit, cleaning fee, etc.).

It should also be noted that Montana law deﬁnes security deposits as “value given in

money or its equivalent” (70-25-101, MCA). This means that if tenants are required to

perform cleaning on the residence when they move in, an appropriate charge for their

labor is part of the security deposit and must be refunded to them upon termination

of tenancy.

The security deposit is the tenant’s money throughout the tenancy and is eventually

refunded to them provided they do not owe any rent and leave the rental unit in as

good condition as when they moved in. Before any cleaning charge can be deducted

from the security deposit, a landlord must provide a departing tenant with a written

notice detailing what needs to be cleaned. This notice can be mailed via certiﬁed mail

or placed in a clearly visible spot in the rental space, accompanied by notiﬁcation via

telephone, text, or email. The tenant has twenty-four (24) hours following the delivery

of the notice to complete the indicated cleaning. Non-refundable cleaning and

security deposits are not allowed under Montana law (70-25-201, MCA).

The security deposit agreement should be set down in writing. Refer to Appendix F

(page 64) for a model agreement. If the landlord does not want to sign an agreement,

the tenant should get a receipt for the deposit and save it for future reference.

Part III: Landlord and Tenant Rights and

Responsibilities

General Provisions

Montana law recognizes that both tenants and landlords have an interest in

maintaining the rental unit, and that good tenant-landlord relationships are symbiotic.

Tenants need landlords to provide a place for them to live, and without tenants

landlords would be deprived of a source of income. Correspondingly, tenants and

landlords have responsibilities to one another. Tenants have a responsibility to pay the

landlord rent in a timely manner and to maintain and care for the landlord’s property

(70-24-201, 70- 24-321, MCA). Landlords have a responsibility to provide the tenant with

a ﬁt and habitable dwelling, and to maintain the premises for which the tenant is

paying (70- 24-303, MCA).

Providing a ﬁt and habitable dwelling means that the rental unit must comply with local

building codes concerning health and safety, and must have at least basic amenities

such as heating, hot and cold running water, electricity, proper plumbing, a smoke

detector and adequate ventilation. Landlords must also maintain any and all

appliances supplied as part of the rental agreement (70-24-303, MCA). In addition, rules

and regulations set forth by the landlord must be applied and enforced uniformly and

fairly (70-24-311, MCA).

The tenant has a responsibility to maintain the dwelling, as much as reasonably

possible, and to keep the unit safe and reasonably clean. Tenants must dispose of all

waste in accordance with health and safety codes. The tenant must not destroy,

deface, damage or remove any part of the premises and must use the areas within the

dwelling unit as they are designed to be used. For instance, a kitchen may not be

turned into a ceramics studio. Also, the tenant may not disturb neighbors or use the

rental in such a way so as to interfere with their neighbor’s peaceable enjoyment of

their premises (70-24-321, MCA).

Maintenance of Premises and Property

Damages and Repairs

As stated above, the landlord must keep the premises in ﬁt and habitable condition.

The tenant has an obligation to treat the rental unit with care. If the tenant or a guest of

the tenant accidentally or intentionally damages the rental property, the tenant is

responsible for covering the cost of repairs and/or replacement. Tenants must

promptly notify the landlord of any damage to the unit. Rental units will be inspected

upon departure of the tenant to ensure no repairs or cleaning is necessary (70-25-202,

MCA).

Occasionally, repairs will be necessary through no fault of the tenant. Before asking the

landlord to do repairs, tenants should make sure that:

(1) The repairs are not for damages that are the tenant’s fault, or the fault of a tenant’s

guest (70-24-406(1)(a)(iii), MCA).

(2) The damages aﬀect the ﬁtness and habitability of the rental unit (70-24-408, MCA).

If the tenant thinks the damages might pose a serious health or safety hazard, and the

landlord does not oﬀer to repair the damage in a reasonable amount of time after

notiﬁcation of the issue, tenants can arrange for the county or city building inspector to

examine the rental unit. The inspector will normally notify the owner, in writing, of any

defects. Ask your local county or city oﬃces about how to

arrange a visit from a building inspector.

Tenants may never withhold rent to induce the landlord to

perform repairs. While Montana law recognizes that tenants

need eﬀective processes to ensure prompt repairs,

withholding rent in order to force repairs is improper, In

response, the landlord can terminate the rental agreement

with three (3) days prior notice and sue the tenant for up to

three times the amount of lost rental income (see Termination

and Eviction in Ending the Rental Agreement).

If a repair needs to be made and it is the landlord's responsibility to make the repair (i.e.

the tenant did not cause the damage and the repair is necessary to keep the premises

in a habitable condition or to maintain appliances provided by the landlord) the tenant’s

ﬁrst step is always to inform the landlord of the problem. Though landlords may be

obligated to maintain the conditions of a rental property under terms in the rental

agreement, none of the tenant’s rights to have repairs made arise until the landlord has

been notiﬁed of the problem.

There are several diﬀerent ways in which tenants may provide notice of issues to the

landlord. The ﬁrst of these is delivery to the landlord’s place of business through which

the rental agreement was made (70-24-108(1)(b), MCA). The second option is

notiﬁcation via email. With this option, note that notice is considered given on the day

in which an electronic read receipt is received or an electronic mail reply other than an

automated response is given by the landlord (70-24-108(1)(c), MCA). The ﬁnal option is

notiﬁcation via physical mail, delivered either by hand, with a certiﬁcate of mailing, or

by certiﬁed mail. If a mail carrier is used, notice is considered given three (3) days after

the date of mailing (70-24-108(1)(d), MCA). Copies of notice given should be retained for

the tenant’s records. Like verbal rental agreements, Montana law also recognizes

verbal notiﬁcation. A landlord may not refuse to make necessary repairs because

notice was not given in writing. However, a tenant who gives verbal notiﬁcation should

also send the landlord a certiﬁed letter documenting the prior notiﬁcation so as to

avoid the possibility of a landlord claiming that notiﬁcation was not given

(70-24-108(1)(a), MCA).

Montana law speciﬁes that landlords have fourteen (14) days after receiving notice

to repair problems that materially aﬀect health and safety on the premises. In the

initial notiﬁcation letter, the tenant may specify that if the repair is not completed within

fourteen (14) days the rental agreement will terminate in thirty (30) days. If the problem

creates an emergency situation, the problem must be ﬁxed in three (3) days

(70-24-406(1)(a), MCA). In the case of an emergency, the notiﬁcation letter may specify

that the rental agreement will terminate immediately if the repair is not completed in

three (3) days. If the landlord fails to have the necessary repairs made within the proper

time period the tenant may terminate the agreement and move out immediately or

exercise one of the following options to have the repair made and remedy the

emergency situation:

Option 1: Repair & Deduct

If the cost of the repair is less than one (1) month's rent, the tenant may arrange to have

the repair made, pay for it, and deduct the cost from the next month's rent. A

professional must make the repair and a copy of the receipt should be included with

the next month's rent payment. This method, commonly known as "repair and deduct",

may not be used to make repairs costing more than one (1) month's rent

(70-24-406(1)(b), MCA). The tenant may ﬁle a lawsuit against the landlord to recover

any damages they incurred due to the landlord's failure to repair the damage.

Option 2: Injunctive Relief

If the cost of the repairs is more than one month's rent, the tenant may seek “injunctive

relief” to force the landlord to comply with their responsibilities to maintain the

premises. To do this, the tenant must ﬁle a complaint in the Justice Court specifying

the repairs that are necessary and requesting a court order requiring that the landlord

have the repairs made in a timely manner. As in option one above, the tenant may

recover any damages incurred due to the landlord's negligence through the court

(70-24-406(2), MCA).

Options one and two are generally employed by tenants to have minor repairs made

that do not aﬀect the delivery of essential services. If the failure of the landlord to

make the required repairs results in the interruption or loss of essential services such

as heating or running water, the tenant may either utilize option one or two or pursue

one of the following options. It is important to note that in pursuing options three, four,

or ﬁve, the tenant gives up the right to pursue options one or two. In all cases, the

landlord must ﬁrst be notiﬁed of the problem and be given proper notice.

Option 3: Obtaining Service

The tenant may obtain appropriate and necessary service from another source and

deduct the cost of the service from the next month's rent, provided that the costs do

not exceed the amount of rent. The tenant may continue to obtain services in this

manner until the landlord has made the necessary repairs. For example, if the landlord

fails to repair a furnace in the appropriate amount of time following notice of the

problem, the tenant may purchase a space heater and withhold the cost of the space

heater from the next month’s rent. This option diﬀers from option one in that the tenant

is remedying a situation by obtaining a replacement service until repairs are made;

whereas in option one, the tenant is paying for the repairs themselves and deducting

the cost from rent (70-24-408(1)(a), MCA).

Option 4: Substitute Housing

The tenant may procure substitute housing until such time as the landlord has made

the necessary repairs. During this time the tenant is not required to pay rent to the

landlord (70-24-408(1)(c), MCA). For example, if the water heater stops working the

tenant may give the landlord notice that the problem needs to be ﬁxed in a reasonable

time, perhaps ﬁve (5) days. If the water heater is not ﬁxed after ﬁve (5) days, the tenant

may ﬁnd substitute housing until the problem is ﬁxed and the rent payment may be

prorated for the time substitute housing was needed.

Option 5: Diminished Fair Rental Value

The tenant may recover damages from the landlord based on the diminished fair

rental value of the unit. If a unit is worth $300 per month when everything is in good

working order, it is worth less when everything isn't working. If the running

water has stopped working, the unit may only be worth $150 per month. Montana law

doesn't specify diminished fair rental value for speciﬁc situations, so it is up to the

tenant and the landlord to work out the diminished value of the rental. If they cannot

come to an agreement, a court may ultimately decide the matter (70-24-408(1)(b),

MCA).

Utilities

The rental agreement should specify which utilities the landlord provides and which

the tenant is responsible for. Unless otherwise speciﬁed in the rental agreement, the

landlord must provide garbage cans and arrange for the removal of waste

(70-24-303(e), MCA).

If the landlord controls the heat, they must supply

it between October 1 and May 1 (70-24-303(f),

MCA). If the tenant is responsible for paying

heating bills, utility companies regulated by the

Montana Public Service Commission (such as

NorthWestern Energy) cannot shut the heat oﬀ

from November 1 through April 1, or if the U.S.

Weather Service forecasts a snowstorm or freezing

temperatures for the succeeding twenty-four (24)

hour period, unless permission is received from

the Public Service Commission (38.5.1410(2), ARM).

The Montana Public Service Commission will not

approve a request to disconnect under the

following circumstances (38.5.1410(1), ARM):

1) The account holder is at or below the federal

poverty guideline.

2) The account holder is a recipient of a public assistance program, such as food

stamps.

3) A member of the customer’s household is 62 years old or older.

4) A member of the household is a person with a disability.

Even if a renter meets those criteria, it is best to continue paying for utilities if possible.

If you have questions, contact the Montana Public Service Commission.

If you need help paying for your utility bills,

apply through the Human Resource Council

(see Additional Resources in Appendix I) for

assistance from the "Low Income Energy

Assistance Program (LIEAP)" or "Energy Share."

LIEAP is designed to help low income

individuals or families who cannot aﬀord to pay

their full heating bills during the winter, based

on family and house size, annual income, and

the type of heat they use (electric or gas).

Energy Share is a state program, providing

emergency assistance in paying power bills for

those without the funds to pay their own bills.

Assistance is available from October 1 through

April 30.

Fire Safety

Be sure your dwelling conforms to ﬁre safety

codes. If you are not familiar with general ﬁre

prevention practices, consult your local ﬁre

department.

Use stoves and ﬁreplaces properly and

carefully. Plug electric ranges into an outlet,

do not wire them directly into the wall. Make

sure ﬁreplaces and wood stoves have safe,

clean chimneys or other outside ventilation

sources. Keep combustible materials, such as

wood and paper, at least four feet from wood

stoves.

All landlords are required to install a certiﬁed

smoke detector, at their expense, in each

dwelling unit under their control. It is the tenant's responsibility to properly use and

maintain these detectors (i.e. replacing batteries when necessary and reporting to the

landlord if the detector seems to be malfunctioning) (70-24-303(1)(g), MCA). There

should be at least one smoke detector per dwelling unit. The tenant should check to

make sure smoke detectors are properly installed, and they also might want to install

additional smoke detectors as needed. However, if the tenant installs smoke detectors

on the wall they become ﬁxtures and may become the property of the landlord.

Smoke detectors are eﬀective life saving alarms, but they save lives and property

only if maintained properly. Follow these rules to keep your alarm working.

1. Test your alarm once a month. Some smoke alarms have a

"test button," however, this is not always reliable. It may test the

electrical circuit only and not the alarm's ability to detect smoke

adequately. To test properly, hold a candle six inches under the

detector. To test ionization alarms, let the candle burn. To

test photoelectric alarms, extinguish the candle and let the

smoke drift into the detector. The alarm should sound within

twenty (20) seconds. If it does, fan the smoke away to stop

the alarm, and leave as is: the alarm is ready.

2. Replace batteries as needed but at least once a year.

Keep spares handy.

3. Replace light bulbs in photoelectric detectors as needed.

Keep spares handy.

Mold

The Montana Mold Disclosure Act recognizes that buildings intended for human

habitation are always vulnerable to mold growth, with moisture being a major factor

inﬂuencing growth. Mold is deﬁned as being any mold, fungus, mildew, or spores

(70-16-702, MCA). The Act also recognizes that certain strains of mold may cause

property damage and adverse health reactions among residents, including irritation or

infection of the skin, eyes, nose, and throat (70-16-703(1), MCA).

If a landlord or other leasing agent has actual knowledge of the presence of mold in

the property that they are renting, a mold disclosure statement must be included on at

least one document, form, or application. This must be provided prior to or at the same

time as a leasing oﬀer, and a copy of this disclosure statement should be signed by the

tenant. If the landlord has had mold testing conducted, they must provide a copy of

the results and evidence of any mitigation or treatment techniques they have

employed to the tenant. If the tenant has testing conducted, they must provide the

results to their landlord. Providing this documentation does not convey a promise by

the landlord that the test results are accurate or that the mitigation or treatment eﬀorts

were eﬀective (70-16-703(2), MCA). A landlord who provides a mold disclosure

statement is not liable in any action brought on the basis of mold-related issues

(70-16-703(3), MCA). A sample mold disclosure form is provided in Appendix H of this

guide (page 67).

Renter's Insurance

Renters may have property of considerable value in the apartment or house. The

landlord's insurance probably will not cover damage which occurs to the tenant's

property due to ﬁre, theft, broken water pipes, or natural disaster. Thus, tenants should

consider purchasing renter's insurance. Renter's insurance is designed to cover only

losses of the tenant's property, not the landlord's. Tenant's seeking insurance should

call a variety of insurance agents to get the policy that meets their needs for the best

price. Yearly premiums are based on the value of the property the tenant is insuring

and generally cost $50 or more. If the tenant is a student under age twenty-one, their

property may be covered by their family's homeowner policy. Check with your auto

insurance provider: sometimes a discount is available for getting renter’s insurance

through the same agent or company. Renter’s insurance has good value, as it can

greatly reduce the stress and ﬁnancial strain that unforeseen accidents create.

Landlord’s Right to Access; Tenant's Right to Privacy (70-24-312,

70-24-410, 70-24-424, MCA)

Both tenant privacy and landlord access are

protected under Montana law. Landlords cannot

abuse their right of access, nor can tenants

unreasonably withhold consent from the landlord

or the landlord's agent to lawfully enter the unit. In

particular:

1. If the landlord wishes to exercise their right

of access, they must provide notice to the tenant of

their intent to enter. In addition to the methods

outlined on page 28, a landlord’s notice is also

considered received by the tenant when the

landlord conspicuously posts their intent to enter

on the main entry door of the dwelling unit

(70-24-312(3), MCA).

2. The tenant cannot unreasonably deny

access to the landlord in order to inspect the

premises, make repairs or improvements, supply

services, or show the dwelling to prospective

tenants, purchasers, workers, contractors, etc.

(70-24-312(1), MCA). If the tenant refuses to allow

lawful access, the landlord may either obtain an

order of injunctive relief from the court or issue a

twenty-four (24) hour notice to correct. If the tenant does not resolve the issue

following receipt of the notice to correct, the landlord may issue a three (3) day notice

to terminate the rental agreement (70-24-424(1), MCA).

3. The landlord cannot abuse the right of access to harass the tenant. Except in

emergencies or unless it is impracticable to do so, the landlord must give the tenant

twenty-four (24) hours notice (verbal or written) of their intent to enter the premises. The

landlord can enter only at reasonable times. Notice may be considered impracticable if the

tenant is absent from the dwelling for an extended period (70-24-312(3), MCA).

4. The landlord can enter the premises without twenty-four (24) hour notice only:

a) in an emergency;

b) if they have a court order or;

c) if the rental agreement contains a provision allowing the landlord access

when reasonably necessary in cases where the tenant is absent more than seven

days.

5. If the landlord makes an unlawful entry or a lawful entry in an unreasonable

manner (such as an entry at an unreasonable time), or makes repeated demands for

access which harasses the tenant (for example, giving the tenant a twenty-four (24) hour

notice every day for a week), the tenant may obtain injunctive (court ordered) relief from

the court or terminate the rental agreement (70-24-410, MCA). In order to avoid requests

for access that are inconvenient to the tenant, it is recommended that the tenant

establishes a positive working relationship with their landlord. This relationship allows

the tenant to communicate with their landlord when a request of access is inconvenient.

If a tenant refuses access to the landlord, the landlord may obtain injunctive relief from

the court to force the tenant to allow access or terminate the rental agreement

(70-24-424, MCA). In cases of abuse by the landlord or refusal by the tenant of access,

the law allows for recovery of actual damages through court.

6. The tenant may not remove, replace or add a lock to the premises without the

written permission of the landlord. If the tenant adds or replaces a lock not supplied by

the landlord, then the tenant must provide a key to ensure that the landlord will continue

to have the right of access (70-24-312, MCA). If the tenant fails to supply a key, then the

landlord may either obtain an order of injunctive relief from the court or issue a

twenty-four (24) hour notice to correct. If the tenant does not resolve the issue following

receipt of the notice to correct, the landlord may issue a three (3) day notice to terminate

the rental agreement (70-24-424(2), MCA).

Changing the Rental Agreement: Raising Rent or Altering the Terms of

the Agreement (70-24-311, MCA)

If a rule is adopted after a tenant enters into a rental agreement that creates a

substantial modiﬁcation of the tenant's bargain, it is not valid until seven days after

written notice to the tenant in the case of a week to week tenancy, or thirty (30) days'

written notice in the case of tenancies from month to month. In the case of a lease

agreement, the landlord may not alter the terms of the rental agreement until the end

of the term. If a landlord wishes to alter the terms of a lease agreement upon expiration

of that agreement, they must provide the tenant notice of their intent to change the

terms of the agreement thirty days before the lease expires.

Montana law does not place any restrictions or ceilings on how much a landlord can

charge for rent or how much a landlord may raise rent. Generally, the landlord may

charge whatever the rental market will bear. However, rent increases may not be

allowed if they are determined to be retaliatory or intended to discriminate against the

tenant (see sections about discrimination and retaliatory conduct).

If a tenant with a lease receives a rule change letter (for example, new requirements to

maintain the lawn or not play music after a certain time) from their landlord before the

expiration of the agreement, the tenant may send a letter, refusing to recognize the

change. Doing this will prevent the rule change from taking eﬀect. This only pertains to

those residential tenants with leases. If the tenant wants to change the terms of the

agreement or sublet, they must negotiate a new agreement with the landlord.

What Constitutes Notice? (70-24-108, MCA)

Notice is considered received when any of the following is true:

1. The recipient has actual knowledge of the notice.

2. In the case of delivery to a landlord, the notice is delivered at the place of

business of the landlord through which the rental agreement was made.

3. The notice is delivered via email to the email address provided by the recipient in

the rental agreement. Notice by electronic mail is only considered received if the

sender receives a “read” receipt generated by an email system or a reply from the

recipient but not an automatically generated reply. Since MCA 70-24-202 prohibits

landlords or tenants from requiring an email as a condition of the rental

agreement, this method will not work if the receiver has not provided an email

address.

4. The sender delivers the notice by hand to the recipient.

5. The sender mails the notice with a certiﬁcate of mailing or by certiﬁed mail to the

mailing address provided by the recipient. If the recipient has not provided a

preferred mailing address, the sender may mail the notice to the receiver's

last-known address. Disclaimer: this notice is considered received three (3) days

after the sender mails the notice regardless of the recipient actually seeing it.

Notice is considered eﬀective as soon as the landlord or tenant receives it. This means

that if the landlord or tenant exercises any of the ﬁve methods above, their notice is

considered eﬀective.

Part IV: Ending the Rental Agreement

Termination

In the case of a standard (non-lease) agreement either the landlord or the tenant can

terminate (end) a rental agreement at any time as long as they provide proper notice.

The party who wishes to terminate the agreement must, under normal circumstances,

give the other party seven (7) days notice for a week to week tenancy, or thirty (30)

days written notice for a month to month tenancy (70-24-441(2), MCA). The party

initiating the termination should sign and date the notice and keep a copy for their

records. Notice can be given any time or day during a tenancy, i.e. it need not be given

at the beginning of the month or when rent is due. If the tenant or landlord completes

the above procedure, unless otherwise agreed, the total cost of rent is reduced to

match the total days the tenant stays on the premises. For example: A tenant’s rent is

500 dollars for a month to month agreement. Their rent is due at the beginning of the

month. However, per notice, the landlord will terminate the agreement on the ﬁfteenth

(15th) day of the month, then the tenant will pay 250 dollars for the rental period

(70-24-441(3), MCA). In order to prove the notice was received, or at least sent to the

appropriate address, it should be sent with a proof of mailing. A notice sent by certiﬁed

mail is presumed to be delivered three (3) days after the date of mailing, regardless of

whether the other party actually received the notice (70-24-108(1)(d), MCA). In order to

prove the notice was received. Notice may also be provided by electronic mail if an

electronic mail address was provided in the rental agreement. Notice provided by

email is considered complete with a read receipt or by an email reply, so long as it was

not an auto-generated reply (70-24-108(1)(c), MCA). However, providing an email

address may not be a required condition of a lease agreement, but may be voluntarily

provided (70-24-202(e), MCA). Additionally, a neutral third party could witness the

delivery of the notice and then sign a written statement of what they witnessed.

In the case of a lease agreement, neither party may terminate the rental agreement

prior to the date speciﬁed in the lease unless the other party has violated the

conditions of the lease or state law (70-24-422, MCA). Landlords may terminate a lease

agreement with a ﬁve (5) days notice if the tenant has violated the same lease

provision twice within a six-month period and was informed in writing of the

noncompliance and given adequate time to remedy the situation (70-24-422(1)(d),

MCA). If the landlord has breached the same provision twice within a six month period

and has been notiﬁed in writing of the breach, the tenant may terminate the agreement

with fourteen (14) days notice (70-24-406(1)(a)(ii), MCA).

Security Deposit Refund

After proper notice has been given by either the tenant or the landlord that the rental

agreement is to be terminated, there are a series of steps that need to be taken to

ensure that the tenant receives all the security deposit due to them and that the

landlord is able to withhold any necessary amount from the deposit.

1) Within seven (7) days of the ﬁnal termination of the agreement, preferably

after all or most of the tenant's belongings have been removed and cleaning has

been performed, a ﬁnal inspection of the premises may be requested by either

the landlord or tenant (70-25-201(2), MCA). Ideally, both the tenant and landlord

will be present for this inspection, but if this is not possible then the landlord

may perform the inspection without the tenant being present.

2) After the inspection has been

completed, the landlord must deliver a written

list of additional cleaning to be completed by

the tenant to bring the unit into the same

condition as when it was rented. The landlord

must give the tenant at least twenty-four (24)

hours to complete the required cleaning

However, if the tenant vacates the premises

without notice, the landlord may deduct any

cleaning charges from the deposit or give

proper notice (70-25-201(3), MCA). If, after the

ﬁnal inspection, there is no further cleaning to

be completed, no damages to the property for

which the tenant is liable, no unpaid rent and

the tenant can prove to the landlord that there

are no outstanding utility bills for which the

tenant is responsible, the landlord must return

the full amount of the security deposit to the

tenant within ten (10) days (70-25-202(2),

MCA).

3) After the tenant has had the opportunity

to complete any required cleaning and has returned the keys to the landlord,

the landlord must deliver to the tenant, within thirty (30) days, an itemized list

of deductions from the security deposit along with any portion of the security

deposit remaining (70-25-202(1), MCA). If the tenant fails to deliver their

forwarding address to the landlord, this does not forfeit the tenant's claim to

the security deposit. If the landlord does not comply with this requirement, they

forfeit their right to withhold anything from the security deposit for cleaning or

damages (70-25-204, MCA).

Occasionally a situation will arise where the landlord and the tenant disagree as to a

reasonable amount to be withheld from the security deposit. To avoid as many of these

conﬂicts as possible, landlords should be sure to present every tenant with an initial

Condition of Premises report at the beginning of tenancy. Without the initial Condition

of Premises report, the landlord must be able to show by "clear and convincing

evidence" that the damage caused, or cleaning required is the tenant's fault

(70-25-206, MCA). Additionally, landlords are not permitted to deduct money from the

tenant's security deposit for "normal wear" (70-25-101(1), MCA) or for cleaning that is

performed on a cyclical basis (70-25-201(3), MCA). For instance, if a landlord paints the

walls after every tenancy, they may not charge the tenant for painting.

If a tenant disagrees with the landlord's itemized list of security deposit deductions,

they should send the landlord a letter detailing why they dispute the deduction (e.g.

the damage was preexisting, normal wear) and requesting an additional refund.

Alternatively, cases may occur where the security deposit is insuﬃcient to cover

damages caused by the tenant and unpaid rent and/or utilities. In this case, landlords

must still send the departing tenant an itemized list of deductions and a bill for the

charges exceeding the deposit. If the landlord and the tenant cannot come to an

agreement on the amount of the deduction from the security deposit, a court can set

the deduction amount. (see Part V: Solving Problems).

Eviction Procedures

There are only three ways in which a landlord can attempt to remove a tenant from a

rental unit.

1. Terminating the rental agreement

2. Asking the tenant to leave

3. Taking the tenant to court to get an eviction order

In no instance can the landlord physically remove either the tenant or their possessions

from the dwelling, change the locks, or turn oﬀ the tenant's power or other services in

order to force the tenant out. In this situation the tenant may recover an amount not

more than three (3) month’s periodic rent or treble damages, whichever is greater

(70-24-411, MCA).

1. Terminating the rental agreement

The ﬁrst way a landlord can remove a tenant from a rental unit is by terminating

the rental agreement. This can be done in the following ways (70-24-422, MCA):

A. Termination in Three (3) days, after notifying the tenant in writing if:

a. Rent is unpaid when due. If the rent is paid within three (3) days then

the notice is void, and the agreement cannot be terminated

(70-24-422(2), MCA).

b. The tenant has physically destroyed, defaced, damaged, impaired

or removed any part of the premises. The landlord does not have to

give the tenant the opportunity to remedy the situation in cases of

property damage (70-24-422(3), MCA).

c. The tenant is keeping an "unauthorized pet", (one not allowed by the

rental agreement) on the premises. The rental agreement

terminates if the pet is not removed from the premises within three

(3) days. However, if the pet is removed then the notice is void, and

the agreement cannot be terminated (70-24-422(1)(b), MCA). If this

breach of the rental agreement occurs again within six (6) months,

the landlord may terminate on ﬁve (5) days' written notice, with no

opportunity for the tenant to correct the situation (70-24-422(1)(e)

MCA).

d. There are unauthorized people (people other than are on the

contract, or that the landlord has not authorized) residing in the

rental. The rental agreement terminates if the unauthorized person

is not removed within those three (3) days. If the unauthorized

person does leave within three (3) days, the notice is void, and the

agreement cannot be terminated (70-24-422(1)(c), MCA). If this

breach of the rental agreement occurs again within six (6) months,

the landlord may terminate on ﬁve (5) days’ written notice with no

opportunity for the tenant to remedy the situation (70-24-422(1)(e),

MCA).

e. If the tenant verbally abuses the landlord, the landlord may issue a

notice of termination. If the tenant adequately remedies the

noncompliance within three (3) days, the rental agreement does not

terminate (70-24-422(1)(f), MCA). If this breach of the rental

agreement occurs again within six (6) months, the landlord may

terminate on ﬁve (5) days' written notice, with no opportunity for

the tenant to correct the situation (70-24-422(1)(e), MCA).

In any of these circumstances, the tenant has the ability to correct the issue,

resulting in the nulliﬁcation of the termination notice. However, landlords may

recover actual damages for any non-compliance by the tenant (70-24-422(5),

MCA). This means that if a landlord was forced to terminate the rental agreement

because of noncompliance by the tenant, the landlord could recover, in court,

actual losses which the landlord incurred. For example, the landlord could

charge the tenant for rent until the unit was re-rented, assuming the landlord

made a reasonable eﬀort to re-rent the property. Situations involving destruction

of property, wastage, and second oﬀenses within six (6) months do not require

that the tenant be given any "second chances" to remedy the situation.

B. Termination in Fourteen (14) Days, after notifying the tenant in writing if:

a. There has been a non-compliance with the terms of the rental

agreement that is not described by the conditions above

(70-24-422(1)(d), MCA). If the tenant does whatever is necessary to

remedy the non-compliance within the fourteen (14) day period, the

notice is void (70-24-422(1)(a), MCA). If the same act of

non-compliance occurred within the previous six (6) months, a

termination notice can be issued with ﬁve (5) days’ written notice

(70-24-422(1)(e), MCA).

C. Termination In Thirty (30) days after notifying the tenant in writing that

they wish to terminate the agreement in the case of a month-to-month

agreement (70-24-441, MCA).

a. The landlord is not required to provide the tenant with a reason for

the termination if they give the tenant thirty (30) days prior notice of

the termination. There is no law in Montana barring eviction during

the winter. However, termination of the rental agreement is not

allowed, regardless of the amount of notice given, if the termination

is retaliatory or discriminatory (see sections on Retaliatory Conduct

by Landlord and Discrimination).

2. Asking the Tenant to Leave

The second way in which a landlord can remove a tenant from a rental unit is by

asking the tenant to leave the unit. The tenant may refuse to leave the unit until

the term of the billing period is over.

3. Taking the Tenant to Court to Get an Eviction Order

Before the landlord can bring an "Action for Possession" (a legal claim for the

tenant's removal from the rental unit), they must ﬁrst terminate the rental

agreement (in one of the ways listed above) (70-24-429, MCA).

If the tenant remains on the premises following termination of the agreement,

the landlord can ask a court for an Order of Possession.

If the tenant doesn't move out upon legal termination of the rental agreement,

the landlord can sue the tenant for their court costs, attorney's fees, and three

times the amount of rent due during the time the tenant occupied the rental unit

after the rental agreement was terminated.

If a tenant feels they're being unlawfully evicted (see Retaliatory Conduct by

Landlord and Discrimination), they may dispute the eviction by ﬁling an Answer to

the Landlord’s Claim to Evict within ten (10) days of being served with the action for

possession.

As a tenant, if your landlord is preparing to ﬁle an action for possession

(eviction) against you, consider your circumstances carefully before proceeding. If

you are considering contesting the eviction, you might want to consult with an

attorney before taking any action. If the conditions under which the landlord

terminated the rental agreement are legal and proper, move out. If not, try to

pursue your concern with the landlord. Document your attempts to resolve the

issue. If no agreement is possible and further negotiations are useless, and if you

feel the landlord is trying to evict you wrongfully, pursue the problem in court.

It is important to note that Montana law states that acceptance of rent by the

landlord is a waiver of a claimed breach only when the claimed breach is the

nonpayment of rent. The acceptance of partial payment of rent due does not

constitute a waiver of any right (70-24-423, MCA).

Eviction Process (70-24-427, MCA)

Under no circumstances can the landlord personally remove the tenant. Additionally,

the landlord cannot change the locks on the rental or cause the interruption of

essential services in an attempt to oust the tenant.

The typical eviction process is as follows:

1. The landlord delivers a written termination notice to the tenant.

2. The tenant refuses to obey the notice and remains in the rental unit

after the termination date.

3. The landlord ﬁles an Action for Possession with the county Justice Court.

4. The sheriﬀ's department delivers a summons and a copy of the

complaint to the tenant.

5. The tenant has ﬁve (5) days to respond to the complaint. The tenant

ﬁles their response with the Court (70-24-429(4), MCA).

If the tenant fails to ﬁle an answer to the action for possession within ﬁve (5)

days, the landlord can obtain a default judgment in their favor and obtain a Writ

of Assistance from the justice court to have the tenant removed. The landlord

takes the Writ of Assistance to the sheriﬀ's department to have the tenant

physically removed. The landlord can store any of the tenant's property and

charge for reasonable moving and storage costs.

6. If the tenant responds to the complaint, the judge sets a hearing date within ten

(10) days. For evictions due to illegal tenant activity as deﬁned in MCA 70-24-321(3),

the hearing must occur within ﬁve (5) days of the date that the tenant’s answer was

due (70-24-427(2), MCA).

7. After hearing testimony and arguments, the judge, within ﬁve (5)

days, makes a decision (70-24-427(4), MCA).

If the judge decides in favor of the tenant, the tenant can continue to stay at the

rental unit and may collect damages, if any are awarded by the court. If the

judge decides in favor of the landlord, the tenant must move out, and pay the

landlord any damages awarded by the court.

8. A hearing for damages occurring from any breach of the rental agreement

must be held within forty-ﬁve (45) days after the initial claim for possession was

decided (70-24-427(2)(b), MCA).

Retaliatory Conduct By Landlord (70-24-431, MCA)

A landlord may not terminate the rental agreement, bring or threaten to bring an action for

possession, raise the rent, or decrease services because the tenant:

1. Submitted a written complaint to the landlord about damages

aﬀecting the habitability, health, or safety of the rental unit, or

2. Submitted a written complaint to federal or state authorities about

damages aﬀecting the habitability, health, or safety of the rental unit, or

3. Joined a tenant’s union or similar organization.

If the tenant provides evidence of having complained or joined a tenant’s union within

six (6) months of the alleged retaliatory conduct (eviction, raising the rent), it creates a

"rebuttable presumption" that the landlord's conduct was in retaliation. Unless the

landlord can prove otherwise with clear and convincing evidence, the court will

assume that the action is in retaliation and therefore illegal. It is important for tenants to

communicate with their landlord in writing because oral requests for repairs are not

enough to prove retaliatory conduct.

The rebuttable presumption will not hold, however, in the following cases:

1. The action requested by the tenant involves remodeling or alterations required

to bring the unit into compliance with appropriate building or housing codes that

would require the tenant to move out of the unit.

2. The damages complained about by the tenant were caused by the tenant.

3. The tenant is in default on the rent.

If the landlord takes retaliatory action against the tenant, the tenant is entitled to sue

for treble damages or three month’s rent, whichever is greater (also see page 34 on

Civil Court).

Part V: Solving Problems

Landlords and tenants should ideally be able to

resolve problems quickly, amicably, and at

relatively little cost. Disputes will rarely arise if

both parties understand their rights and fulﬁll

their obligations.

If a problem does arise, both parties should

proceed carefully, calmly, and deliberately. This

way, the chances are increased that the problem

will be properly resolved.

It is always better to make requests for repairs or

complaints in writing rather than orally, whether

face-to-face or over the telephone. Written

documents are more likely to get an appropriate

response, and if the case goes to court, they

provide evidence and show that the parties have

tried normal avenues of redress before bringing

the dispute to court.

If negotiations fail, one or both parties may want

to seek assistance. This might be a consumer

advocate or an attorney (see Appendix I:

Additional Resources). A consumer advocate may

be a law student, paralegal, or trained lay person.

While not being able to represent you in court or

give legal advice, they might be experienced in tenant-landlord conﬂict and can provide

helpful information to you. In contrast, an attorney can provide legal advice and

represent you in court.

Ultimately, if a dispute cannot be solved amicably, you will be forced to take the issue to

court, where a judge will make a decision in the case. In court, written records of events

are highly preferable, in order to avoid having the dispute turn into one party's word

against the other.

Standard Complaint Letter

Many times, the most appropriate ﬁrst step towards resolving a problem is to deliver a

request/complaint letter to your landlord. In general, it should include the following:

1. A concise statement of the problem(s).

2. A chronology of previous attempts to resolve the problem(s) and responses to those

attempts.

3. A clear and well-deﬁned statement requesting that the problem is resolved. This should

explain the speciﬁc course of action requested and a speciﬁc time period within which the

request must be met.

4. A clear indication as to what will be done if the request is not met within the time

speciﬁed.

Letters should also include a full name, address, phone number, signature, and date.

Always keep a photocopy for your records. When sending out the letter, go to the post

oﬃce, purchase a certiﬁcate of mailing, and staple the certiﬁcate to your copy of the

letter. This certiﬁcate provides written proof of the date that the letter was presented to the

post oﬃce.

In Montana, if a notice letter is sent with a certiﬁcate of mailing or by certiﬁed mail, it is

considered to have been delivered three days after the date of mailing, even if delivery has

not yet actually been completed. Certiﬁcation of mail acts as a written record of proof that a

tenant is attempting in good faith to address and correct issues amicably (70-24-108(1)(d),

MCA).

Sending notices by certiﬁed mail requires a signature for delivery. If the recipient refuses

to sign for the letter, there would be an oﬃcial record (on ﬁle with the post oﬃce) that the

letter was not received. Therefore, a certiﬁcate of mailing, which requires no signature, is

a better choice for sending complaint notices, as landlord refusal cannot aﬀect the letter’s

delivery status. Notices by electronic mail are considered complete by a read receipt

generated by an electronic mail system or a reply other than an automatically generated

electronic mail reply (70-24-108(1)(c), MCA).

A sample complaint letter is provided in Appendix G of this guide, page 71.

Consulting an Attorney

Attorneys can give expert advice, negotiate, and represent their client in court. To ﬁnd

an attorney, check to see if your university, employer, union, or other community group

provides legal services. Financial assistance is typically available when approached

through these avenues. You can also check the yellow pages or the Bar Association

(call the Lawyer Referral Service at (406) 449-6577).

1. Consultations and Advice. An attorney can provide an assessment of the legal

options for action in a particular case. Consultation involves an oﬃce visit. Some

lawyers do not charge for the ﬁrst visit, but ask before setting up an appointment.

2. Negotiation. A lawyer can help you negotiate via a letter, phone call, or meeting.

3. Litigation. If you go to court, an attorney can advise or represent you.

Civil Court

Occasionally after the termination of the

rental agreement, or during the term of

the rental agreement, either the tenant or

landlord may decide that the other party

owes them money. Usually in the case of

the tenant, this money is for a wrongfully

withheld security deposit, meaning the

tenant feels that the landlord has withheld

money from the security deposit for pre-

existing problems or that the landlord has

withheld an unreasonable amount of money for deductions that would otherwise be

acceptable. On the landlord's side, they may feel that the former tenant's security

deposit was not enough to cover the costs of cleaning the unit and making repairs after

the tenant vacated, or that the former tenant owes them for unpaid rent or utilities

beyond the amount of the security deposit. Claims may also be ﬁled for personal

property that is being wrongfully withheld by another party. Claims may also be ﬁled in

court for diminished fair rental value or actual damages incurred due to the other

party’s noncompliance with the rental agreement or Montana law.

If the renter feels that their current or former landlord or tenant owes them money or

property, a written complaint must be prepared and ﬁled with the Court. A complaint is

a brief, concise statement of the facts making up your complaint. Thirty (30) days after

the termination of tenancy or surrender of the residential premises OR ten (10) days

after notice is received from the landlord that indicates no additional charges to be

deducted from the security deposit must have passed prior to the preparation of a civil

complaint (70-25-204, MCA). The complaint must include the dollar amount

requested, and/or the return of speciﬁc property. The renter will need to prepare a

summons to be served to the opposing party and a Request to Serve document for

the Sheriﬀ’s oﬃce, Constable, or other oﬃcial who can serve court documents, or an

acknowledgment of service if documents are served by 1

class mail. Order Setting

Hearing documents are required, which will be delivered to the landlord and tenant

once a judge has set a time for the case to be heard. The ﬁling party will need two

copies of the complaint, two copies of the summons, one request to serve, and three

order setting hearing documents. For each additional defendant being sued, add one

copy of each document. The forms are self-explanatory and easy to ﬁll out. All

necessary forms are available at Justice or City Court, and examples can be viewed

online at https://courts.mt.gov/Forms/22-03-23-Complaint-for-Security-Deposit.pdf

Where to File

Landlord-tenant disputes of any kind should be ﬁled in Civil Court. The Civil Court is a

division of the county Justice Court, tasked with jurisdiction over rent deposits and all

actions brought under MCA Title 70, governing property (3-10-302, MCA). Tenants

seeking wrongfully withheld security deposits and landlords seeking unpaid rent,

utilities, or cleaning fees should ﬁle in Civil Court. Claims for monetary reimbursement

for damaged personal property should be ﬁled in Civil Court as well. A person should

also ﬁle in Civil Court if their claim arose due to negligence on the part of the other

party. A person may ﬁle a claim in Civil Court if they feel that the other party owes them

money or property up to an amount of $15,000 (3-10-301, MCA). Landlords or tenants

who feel that the other party is in possession of property belonging to them worth less

than $7,000 should ﬁle in Small Claims Court, which is a division of the Civil Court

intended to solve disputes relatively quickly, without the expenses and intricacies of a

formal jury trial (3-10-1001, MCA).

Another important consideration when ﬁling a claim in Civil Court is the county in

which the claim will be ﬁled. Claims must be ﬁled in the county where the defendant

lives or where they have a place of business, or in the county in which the events of

the dispute occurred. In any case, the defendant must be able to be served in the

county where you ﬁle your claim (3-10-304, MCA).

Filing in Civil Court

The ﬁling fee for each complaint varies by county. In Missoula and Yellowstone

counties, the fee is $50. In Silver-Bow County, the fee is $65. In Gallatin, Flathead, and

Cascade counties, the fee is $120. There may be additional court fees and costs for

service of the papers by the Sheriﬀ’s oﬃce or other serving oﬃcials. These costs vary

from area to area and may include mileage costs. A deposit is generally required

before service is completed. If there are additional mileage costs, the plaintiﬀ will be

billed for the excess. Any deposit money not spent will be refunded to you. There are

waivers available for certain fees for those who are low-income or otherwise unable to

aﬀord ﬁling. Check with the local Clerk of Court to receive a Statement of Inability to

Pay Court Costs and Fees form and additional details regarding ﬁnancial options in

your jurisdiction (25-10-404, MCA). A judge must review the statement and come to a

judgment about the petitioner’s ability to pay; therefore, it is important to submit this

document as soon as possible to allow adequate time for review. The judge, upon

deciding the case, may order the losing party to fully reimburse the other party for all

fees they paid to pursue the case in court, including attorney’s fees (70-24-442, MCA).

While the amount of money able to be recovered depends on the circumstances of

the dispute, the losing party will generally be responsible for paying at least the cost of

actual damages (70-24-4, MCA). Spouses cannot represent each other and each needs

to sign the complaint, if jointly ﬁled.

The defendant or opposing party will be notiﬁed of the lawsuit by service of the papers

by the Sheriﬀ’s oﬃce, Constable, or another person. After the papers are served, the

plaintiﬀ will receive the summons back with a certiﬁcate of proof of service and an

accounting of the fees spent, when applicable. The plaintiﬀ MUST return this proof of

service to the Court to continue with the lawsuit and to have its associated costs

included in the judgment amount. In Justice Court, a defendant has twenty (20) days to

ﬁle an Answer, after which the court will be able to set a hearing. If the defendant does

not ﬁle an Answer within twenty (20) days, the plaintiﬀ can ﬁle a Motion for Default

Judgment form, at which point the non-answering party may be found by default

responsible for paying the relief indicated in the original complaint.

Counterclaim and Removal

Once the defendant has been served with the order to appear, the defendant may

decide that the plaintiﬀ actually owes them money or property. In this case, the

defendant may ﬁle a counter-claim against the plaintiﬀ at the Small Claims Court.

Counterclaims must arise from the same transaction as the original claim, and the

relief sought in counterclaim can diﬀer in amount or kind than that sought in the

original complaint (25-20-3(13), MCA). For example: a tenant ﬁles a claim against their

ex-landlord for wrongfully withholding their security deposit. The landlord, however,

feels that the former tenant's security deposit was not enough to cover reasonable

costs for the amount of time they spent cleaning the apartment and decides to ﬁle a

counterclaim for cleaning charges beyond the amount of the security deposit.

Counter-claims must be ﬁled and served to the plaintiﬀ at least seventy-two (72) hours

prior to the date of the trial. There is a $10 fee for ﬁling a counterclaim, but a defendant

who ﬁles a counterclaim will not also be required to pay the standard $10 defendant

appearance fee (25-35-608, MCA). Fees may vary based on county.

The defendant may also choose to have the case removed from the Small Claims

Court to the Justice Court. This decision must be made within ten (10) days of service

of the original complaint (25-35-605, MCA). In Justice Court both parties may choose to

be represented by attorneys and the defendant may request a jury trial. If the

defendant chooses to have the case removed to Justice Court, they must ﬁrst pay the

Small Claims Court a removal fee and then pay the Justice Court a ﬁling fee, as well as

attorney’s fees. Fee amounts may vary by county. The prevailing party may recover

these costs. If the defendant does not have the case removed to the Justice Court,

they give up their right to be represented by an attorney and their right to a jury trial

(25-35-605, MCA).

At the Trial

If a case continues to trial, the parties may be given a handout outlining the procedure

that will be expected to be followed at the trial. Each party is responsible for proving to

the Court the facts of their side of the case. At the trial, each party will be expected to

bring all of their witnesses, written documents (i.e., lease, contract, bills of sale,

receipts, etc.), or other evidence needed for judgment. Generally, deadlines to comply

with discovery or exchange of information are set by the Court.

After the trial is held, the Court will issue a judgment based on the facts presented in

the case. Each party will receive a copy of the judgment.

Your evidence is held for thirty (30) days after the judgment is issued. After that time,

you may pick up your evidence from the Court ﬁle. The Court will NOT mail the

evidence back to you. If an appeal is ﬁled, the evidence is transferred to the District

Court with all other payers.

If you obtain a judgment, either by default or after a pre-trial hearing or a trial is held,

you may proceed to the actual collection of the judgment.

If the parties wish to negotiate a payment plan for the payment of the judgment, they

may do so. The Court would encourage any payments to be handled directly between

the parties involved (26-1-705, MCA).

Payment of judgment is due immediately, however, it may be best to wait ten (10) days

after judgment before you begin the collection process.

Judgment

Within thirty (30) days of the conclusion of your case, the judge will issue a written

decision or judgment (25-23-1(21), MCA). The prevailing party is entitled to collect the

amount of money or speciﬁc items of personal property set forth in the judgment plus

all court costs. However, it is the responsibility of the prevailing party to collect the

payment from the other party. If the losing party refuses to pay, the prevailing party

may go back to the Small Claims Court and request a Writ of Execution. This is an

order to the Sheriﬀ directing them to take money or speciﬁc personal property from

the losing party to pay the judgment. If you have diﬃculty collecting a judgment, see

an attorney.

Appeal

If either party is not satisﬁed with the judgment in the case, they may appeal the case

to the District Court. Appeals must be ﬁled within thirty (30) days of the judgment

(25-33-102, MCA). Within ten (10) days of the ﬁling of the appeal, the record of the trial

and any evidence presented will be sent to the District Court (25-33-104, MCA). The

party appealing will be notiﬁed when this happens, but it is their responsibility to

ensure that the records are properly transmitted.

Either party will have thirty (30) days to ﬁle a written Notice of Appeal with the District

Court and complete the procedures necessary (25-30A-2200(5), MCA). In a Justice

Court with oﬃcial court records or transcripts of the proceedings, appeals may only be

ﬁled in matters of law, meaning you can only ﬁle an appeal if you believe the judge

applied the law in your case incorrectly. The case will not be retried at the District

Court, and the judge at the District Court will only review the case and rule as to

whether or not the law was correctly applied in the original ruling. Cascade, Lewis and

Clark, and Flathead Counties have courts of record. In a Justice Court without record,

which are the most common courts that see tenant-landlord complaints in Montana,

the case can be retried in District Court on appeal. You will be required to pay a ﬁling

fee to the Clerk of the District Court and post an appeal bond, if set by the judge.

Part VI: Mobile Home Owners Renting Space in

Mobile Home Parks & Their Landlords

(70-33, MCA)

During the 1993 and 1995 legislative sessions,

several laws were passed concerning the rights of

mobile home owners who rent a space in a mobile

home park and their landlords (a mobile home park

consists of two or more mobile homes). This section

covers only the laws concerning tenants

who rent a space in a mobile home park but own their

mobile home (70-33-104, MCA). Unless speciﬁed otherwise, all rights applying to

tenants and landlords of non-mobile homes apply to tenants and landlords of

mobile homes.

Rental Agreements (70-33-201, MCA)

Unless otherwise provided in the rental agreement, the following shall be assumed

(70-33-201, MCA):

The rental rate as set by the landlord should be based upon the rental value for use

and occupancy of the lot, and it should be equally apportioned from day-to-day.

Rent must be payable at the landlord’s address or through electronic transfer in

equal monthly installments. The tenancy is from month-to-month.

If either party terminates the rental agreement without cause before the end of the

lease term, the other party is entitled to monetary damages up to 1-month’s rent or

an amount agreed to in the rental agreement which cannot exceed one month’s

rent. Landlords will follow MCA 70-33-426(2) and are entitled to rent from defaulting

tenants up to the date a new tenancy starts or the date the original rental

agreement expires.

A rental agreement cannot require either party to waive their legal rights and remedies

or limit their liability in the case of court proceedings that arose from misconduct or

negligence of the terms of the agreement (70-33-202, MCA).

The tenant has the exclusive rights to sell their mobile home without interference from

the landlord. However, purchasing a mobile home does not grant the new owner the

rights to rent the mobile home lot it resides on. If the buyer wishes to live on the lot,

suitable arrangements must be made with the landlord. The landlord is permitted to

require an application from this prospective tenant. The landlord has a period of thirty

(30) days to review the application, after which they must provide a written acceptance

or denial to both the mobile home seller and purchaser. If denied, the buyer may

request the reasons for denial, which the landlord is required to provide. A denial by

the landlord does not prevent the sale of the mobile home.

Rules (70-33-311, MCA)

Mobile home park landlords may adopt written rules governing the tenant's use and

occupancy of the premises as long as these guidelines are followed:

1. A rule may not be unreasonable. Additionally, a rule that does not apply

uniformly to all mobile home residents is unfair and therefore unenforceable.

2. All rules must be written and given to each existing and new resident of the

mobile home park, especially as existing rules are updated.

3. 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 (70-33-313(2), MCA).

4. A rule will not go into eﬀect until after 30 days prior written notice if it

makes substantive changes to an already active month-to-month rental

agreement.

Resident Associations (70-33-314, MCA)

The mobile home park landlord may not prohibit meetings by a tenant association or a

group of tenants relating to mobile home living.

All residents may attend meetings, but the mobile home park landlord and the

landlord's employees may not be members and may not attend meetings unless

speciﬁcally invited by the tenant association.

A landlord may not retaliate by increasing rent, decreasing services or by bringing or

threatening to bring an action for possession due to a tenant's involvement in a tenant

union, a mobile home park tenant association or similar organization.

Road Maintenance Obligations (70-33-315, MCA)

The landlord of a mobile home park must keep common roads within the park in safe

condition, including arranging for snow plowing when needed to make the roads passable.

Reasons for Eviction (70-33-433, MCA)

Unlike rentals involving a landlord-owned dwelling, rental agreements for spaces in

mobile home parks may only be terminated for good cause. If a rental agreement is

terminated without cause prior to its expiration, the aggrieved party is entitled to

monetary damages of up to one month’s rent (70-33-201(2)(f), MCA). Below is a list of

reasons for which mobile home space rental agreements may be terminated. The type

of termination notice required for each reason appears in parentheses ( ).

1. Nonpayment of rent, late charges, or common area maintenance

fees as established in the rental agreement (Seven (7) day notice, pay

or quit).

2. Late payment of rent, late charges or common area maintenance fees

three or more times in a twelve (12) month period if the landlord gave written

notice after each non-payment incident (Thirty (30) day notice).

3. Violation of a mobile home park rule that creates an immediate threat to

the health and safety of any resident of the park (Twenty-four (24) hour

notice). Even if the violation is remedied within the twenty-four (24) hour

period, the landlord is subsequently allowed to issue a (Fourteen (14) day

notice).

4. Two or more violations within a six (6) month period of the same rule for

which notice has been given for each prior violation, as long as the tenant was

aware of the rule for sixty (60) days prior to the violation, and that rule is not a

signiﬁcant modiﬁcation of the existing lease agreement (Thirty (30) day notice).

5. Two or more violations within a six (6) month period of MCA

70-33-321(1), which details the tenant’s maintenance responsibilities

(Fourteen (14) day notice).

6. Any violation of MCA 70-33-321(3), which holds that a tenant is not

allowed to destroy, deface, damage, impair, or remove any part of the

premises (Three (3) day notice).

7. Disorderly conduct that results in disruption of the rights of others to the

peaceful enjoyment and use of the premises (Seven (7) day notice).

8. Any other noncompliance or violation that endangers other residents or

park personnel, or that causes substantial damage to the park premises

(Fourteen (14) day notice).

9. Conviction of the mobile home owner or tenant of the mobile home

owner of violation of a federal, state, or local ordinance when the violation is

detrimental to the health, safety, or welfare of other residents or the landlord

of the mobile home park OR the landlord's documentation of violations

involving dangerous drugs, as deﬁned and governed by MCA 45-9 (Fourteen

(14) day notice).

10. Changes in the use of the mobile home parkland. In which case each

aﬀected mobile home owner and tenant of a mobile home must receive 15

days notice that the landlord is going before a unit of local government to

request a land use change. Further, if the change of use is approved the

landlord must provide to the mobile home owners 6 months prior notice of

termination of tenancy and shall also describe in detail the change in use. (Six

(6) month notice).

11. A legitimate business reason, so long as it doesn’t violate any other

provision. (Ninety (90) day notice).

Part VII: Section 8 Housing

Section 8 housing is a program designed to assist very low-income families in paying

for housing. To be eligible for the Section 8 housing program, an individual must have

an income that is below 50% of the median income for the county. Section 8 is a

federal program administered through state and local agencies, known as Housing

Authorities. In Montana, the Montana Department of Commerce administers Section 8

through a number of local agencies. This section covers a few of the rules and

regulations for Section 8 housing, but should not be considered complete. You should

contact your local Section 8 agent or the Montana Department of Commerce (see

reference section in the back of this book) if you want to inquire about getting on the

Section 8 wait list or if you have any further questions regarding Section 8 housing.

Average time on the Section 8 wait list is 3 to 7 years.

All Section 8 tenants and landlords are required to abide by Montana tenant-landlord laws.

Section 8 regulations are supplements to Montana law, not replacements for it.

Screening of Tenants

If you are a landlord and are considering

acceptance of a Section 8 housing voucher, it is

your responsibility to check the prospective

tenant's rental history, credit report, etc.

Participation in the Section 8 program or being on

the Montana Department of Commerce (MDOC)

wait list is not a representation of the tenants

suitability of tenancy or expected behavior.

MDOC will provide prospective landlords with

the family's current and prior addresses and the

names and addresses, if known, of current and

prior landlords, as they appear in MDOC records.

However, it is the responsibility of the

prospective landlord to seek appropriate

references.

Security Deposits

Section 8 landlords are allowed to collect security deposits from their tenants. However,

MDOC local ﬁeld agents may prohibit security deposits above private market practice or

above the amount required of non-Section 8 tenants. For Moderate Rehabilitation

Housing, the landlord may collect a security deposit in the amount of one month's

tenant payment, or $50, whichever is greater. The Montana Residential Security Deposit

Act (70-25, MCA) applies in full to all Section 8 security deposits (see Security Deposits).

Landlord Responsibilities

Section 8 landlords are required to maintain their units in accordance with MCA

70-24-303, (see Landlord & Tenant Responsibilities) and with federal Housing Quality

Standards. MDOC local agents may perform inspections of Section 8 housing once a

year, or in response to a tenant complaint, to ensure that all units are meeting the

standards. If a deﬁciency is found the landlord will receive a deﬁciency letter stating

what the landlord needs to do to bring the unit into compliance and specifying a

period of time in which the repairs must be made. If the defect is life threatening, the

landlord must correct the problem in twenty-four (24) hours. After the deﬁciency has

been ﬁxed, the tenant must call the local Section 8 agency to schedule another

inspection to verify that the problem has been ﬁxed. The landlord should verify with

the local agency that a re-inspection has been scheduled. MDOC will not issue a rent

check to the landlord until a re-inspection has been completed.

In Moderate Rehabilitation units, landlords are responsible for repairing all damages to

the unit, even those caused by the tenants. The landlord may, however, seek

compensation for damages to the unit caused by the tenant in Civil Court and/or

terminate the rental agreement.

Landlords are also responsible for enforcing all tenant obligations under the lease. It is

not the responsibility of MDOC or their local ﬁeld agents to ensure tenant compliance

with the lease. If the unit is to be occupied by a disabled person, it is also the landlord's

responsibility to make any necessary modiﬁcations to the unit though these

modiﬁcations may be at the tenant's expense.

Tenant Responsibilities

All Section 8 tenants are required to abide by Montana tenant-landlord law in regards

to the care and maintenance of the unit they are renting. Tenants are responsible for

correcting any breach of the Housing Quality Standards that were caused by the

tenant, within the amount of time speciﬁed by MDOC. If the breach is life threatening,

the tenant must correct the situation in twenty-four (24) hours.

In addition to these responsibilities, tenants must supply all information that MDOC, its

local agents or HUD determines is necessary for the administration of the program.

The family must also provide local Section 8 agents with at least a thirty (30) day

written notice if they intend to terminate their rental agreement or a copy of any

eviction notice from the owner of the unit. Families are also required to notify their local

agents of any change in the composition of the household. No family members may

be added to the household without prior consent from MDOC.

Payments to Landlords

The portion of rent paid by the Section 8 program is mailed directly from MDOC in

Helena to the landlord on or before the 10th of each month. Local oﬃces have no

control over rent checks. If you are a Section 8 landlord and have not received your

check by the middle of the month, call your local oﬃce (see Montana Resource

Directory) and the staﬀ will investigate the delay. If you owe the state money for taxes,

student loans, child support, etc. your check may be withheld. If the check was sent,

MDOC will verify whether the check was cashed or not. If the check was issued and not

cashed, MDOC will require the landlord to sign a bond to reissue the check.

Landlords may never ask the tenant for more money than is stipulated in the rental

contract. If a landlord asks for more than the amount stipulated by the rental contract,

the contract may be canceled and the tenant may sue the landlord for damages.

For tenants on the voucher program, landlords must seek reimbursement through the

Civil or Small Claims Court from the tenant for damages to the unit caused by the

tenant or for cleaning costs, unpaid rent or unpaid utilities owed to the landlord. No

claims for damages or cleaning may be ﬁled with MDOC for tenants on the voucher

program. For Moderate Rehabilitation housing, if the security deposit is insuﬃcient to

cover the amount owed to the landlord, or if the landlord did not collect a security

deposit, the owner may claim reimbursement from MDOC. The reimbursement will be

for the lesser of a) the amount owed to the owner, or b) two (2) month's contract rent

minus the amount of the security deposit collected, or the amount that the landlord

could have collected from the tenant.

Rent Adjustments

Rent adjustments for moderate rehabilitation housing programs may only occur once a

year, on the anniversary date of the contract. For voucher programs, rent may be

adjusted at any time after the expiration of the original six-month contract with at least

a 60 day written notice to the tenants and MDOC. For moderate rehabilitation housing,

all rent adjustments must be approved by MDOC and such approval is contingent on

inspection of the unit, compliance with the contract and evaluation that the adjustment

is reasonable.

Landlords may apply to MDOC for special rent adjustments other than at the times

speciﬁed above by submitting to MDOC with the request for rent adjustment all tax

records and utility bills for the current and prior year. Special increases will only be

approved if the landlord can show that their costs have increased due to increased

property taxes, utility rates or assessments.

Terminations and Evictions

All Housing Assistance Payments contracts are in eﬀect for one year. During this

time, both the landlord and the tenant are barred from terminating the rental

contract unless the other party has repeatedly and severely violated the terms of

the lease or Montana law.

Landlords also have the right to terminate the rental agreement during the initial

one year period under good cause, so long as the cause is a harmful or obscene

act committed by the tenant, or a means of upkeep or duty the tenant has failed to

do.

Landlords may not terminate the rental agreement during the ﬁrst year for private use,

repurposing of the property, or if the tenant will not agree to a revision of the lease.

The landlord may also not terminate the rental agreement with a tenant for

non-payment of the MDOC's responsibility of the rent share.

After the ﬁrst six (6) months, either tenant or landlord may terminate the rental

agreement for any reason by delivering to the opposite party and the MDOC a written

notice of termination. The notice must be delivered at least thirty (30) days prior to the

termination, but no more than sixty (60) days. If a tenant is to move out of the rental

unit before the end of the month, the landlord is entitled to the entire month's rent

portion from the MDOC, but must return a prorated amount of the rent to the tenant if

the unit is re-rented to an outside party before the month expires.

If at any point the landlord is to sell the property to a new owner, the MDOC must be

immediately notiﬁed of the sale. The MDOC cannot issue renters checks to the new

owner until they have ﬁlled out the required paperwork for the Section 8 program.

PART VIII: APPENDICES

Appendix A

Checklist for Choosing a Rental Unit

Landlord:

Address:

Phone: (H) (C) (W)

Management

Company:

Address:

Phone:

Month-to-Month,

Term,

Or Lease

Agreement:

Date Available:

Subletting

Provisions:

Pet Provisions:

Special Provisions:

Costs

Rent:

Security Deposit:

Gas/Oil Bill

(Normal):

Gas/Oil Bill

(Winter):

Electric Bill

(Normal):

Electric Bill

(Winter):

Water Bill:

Garbage Pick-up

Bill:

Other:

Total

Housing Features

Heat Source:

Number

Bedrooms:

Number

Bathrooms:

Shower:

Storage Space:

Yard:

Pets Allowed:

Washer/Dryer:

Furnished:

Other:

Location/Trans

portation

Parking Access:

Nearest Bus Line:

Nearest School:

Nearest

Shopping:

Center Nearest:

Laundromat:

Safe

Neighborhood:

Schools:

Parks:

Other:

Appendix B

Model Rental Agreement

Parties and Premises: This rental agreement is made and entered into on

by and between , hereinafter referred to as “Landlord,” and

, hereinafter referred to as “Tenant,” for the premises

located at: with the following furniture and

appliances: . The parties have agreed:

1. Term of Period

This agreement is to begin on and is:

Month-to-Month

an agreement for the speciﬁc term of months, ending .

2. Deposit

(a) If, at the time of termination of this agreement and upon ﬁnal inspection

of the premises,

(i) there is no unpaid rent owed to the landlord

(ii) no damages or additional cleaning for which the tenant is responsible

(iii) the tenant can prove that there are no unpaid utilities for which the

tenant is responsible; the landlord may deduct these expenses for the

security deposit, within ten (10) days of the termination, the full amount of

the security deposit.

(b) If, at the termination of this agreement, there remains money owed to

the landlord for cleaning or damages for which the tenant is responsible, the

landlord may deduct these expenses from the security deposit. Within thirty

(30) days after termination of this agreement the landlord shall deliver to the

tenant:

(i) a written statement itemizing all deductions from this deposit

and the speciﬁc reasons for the deductions

(ii) any balance of the deposit owed the tenant

The landlord may deduct unpaid rent and the actual and reasonable cost of

repairing damage caused by the tenant, except damage caused by normal

wear and tear, as per Montana law (70-25-201, MCA).

3. Rent

Rent is payable in advance on the day of each month, and will be delivered

to . Initial rent: $ . This amount covers the

period of to . Optional Provision: The landlord also accepts $

as payment for last month’s rent.

4. Disclosure

The name and address of the owner of the rental unit is: .

The name and address of the manager of the rental unit is: .

5. The Tenant Shall:

A. Pay all rents promptly when due.

B. Pay for any damages to the rental unit, including appliances and

property within the rental unit which belong to the landlord, caused by any act

of negligence of the tenant(s) or any guest. Damage due to ordinary and

reasonable wear and tear, or loss or damage by ﬁre not caused by the tenant

or guest is excepted.

C. Place garbage and refuse inside the containers provided.

D. Refrain from acts or practices which disturb the neighbors’ peaceful

enjoyment of the premises.

E. Keep the rental unit clean and in sanitary condition.

F. Surrender possession of the premises to the landlord upon the lawful

and proper termination of the rental agreement.

G. Fulﬁll other duties and responsibilities as set down in Montana law

(70-24- 312, 70-24-321, and 70-24-322, MCA).

6. The Landlord Shall be Responsible For:

A. Repairs to the exterior of the premises.

B. Repairs to sewers, heating, all landlord-owned appliances and

wiring and plumbing ﬁxtures.

C. Repairs to all common area doors, windows and stairs.

D. Providing necessary extermination service for the premises, ensuring

the elimination of all vermin and rodents.

E. Installing and maintaining locks on all doors leading from the entrance

ways into hallways and on the doors to all common areas.

F. Maintaining the premises and common areas in accordance with city or

county housing, building, and zoning codes.

G. Other duties and responsibilities as set down in Montana law

(70-24-301, 70-24-302, and 70-24-303, MCA).

Tenants shall be responsible for all of the above repairs if they are made

necessary by the negligence of the tenant(s) or their guests.

7. Landlord’s Rights of Entry

Except in case of emergency or pursuant to court order, the landlord must give

at least twenty-four (24) hours notice before entering the rental unit, and then

may enter only with the tenant’s consent (70-24-312, MCA). The landlord may

enter only at reasonable times and in a reasonable manner. The landlord shall

not abuse the right of access, nor use it to harass the tenant. The tenant shall not

unreasonably withhold consent for access to the premises by the landlord.

8. Alterations

Tenant(s) shall not materially alter the premises without permission of the landlord.

9. Termination

Either party may terminate or change the terms of a month-to-month

agreement by giving the other party at least thirty (30) days written notice. If the

duration of this agreement is to be more than thirty (30) days (month-to-month),

then the terms of the agreement may only be changed at the termination date

listed above, except as provided for by the law.

10. Utilities.

Landlord agrees to pay all utilities except

which shall be paid by the tenant.

11. Subletting

Tenant shall not sublet all or any part of the premises, nor assign this agreement

or any interest in it without the Landlord’s prior written consent, which will not

be unreasonably withheld.

12. Pets

The following pets will be allowed in the rental

unit: .

13. The landlord will make the following repairs or alterations to the rental unit by

the dates noted:

Repair Date Landlord’s Initial

14. Additional Terms

Further, the following additional terms are agreed to by both parties:

Landlord (Signature)

Date

Tenant 1 (Signature)

Date

Tenant 2 (Signature)

Date

Tenant 3 (Signature)

Date

Tenant 4 (Signature)

Date

Appendix C

Model Statement of the Condition of the Premises

Use this report to record the condition of your unit and its contents when you move in.

If you mark anything as either dirty or damaged, describe it fully on an additional sheet

and take pictures if possible. Also be sure to indicate the quantity of each piece to

avoid miscommunication. Both you and your landlord should have signed and dated

copies of this form after you have ﬁlled it out.

Living Room

Dirty

Not Dirty

Damaged

Not

Damaged

Couch

Chair

End Table

Easy Chair

Floor Lamp

Table Lamp

Coﬀee Table

Light

Fixtures

Rug or

Carpet

Floors

Walls

Ceiling

Bedroom 1

Dirty

Not Dirty

Damaged

Not

Damaged

Bed Frame

Headboard

Mattress

Cover

Box Spring

Dresser

Night Stand

Drapes /

Curtains

Mirror

Light

Fixtures

Rug or

Carpet

Door

Floor

Walls

Ceiling

Bedroom 2

Dirty

Not Dirty

Damaged

Not

Damaged

Bed Frame

Headboard

Mattress

Cover

Box Spring

Dresser

Night Stand

Drapes /

Curtains

Mirror

Light

Fixtures

Rug or

Carpet

Door

Floor

Walls

Ceiling

Bathroom

Dirty

Not Dirty

Damaged

Not

Damaged

Towel Racks

Tissue

Holder

Mirror

Medicine

Cabinet

Counter Top

Working

Sink

Working Tub

Working

Shower

Toilet Seat

Shower

Curtain

Cabinet

Light Fixture

Hot and

Cold Water

Door

Floor

Walls

Ceiling

Kitchen

Dirty

Not Dirty

Damaged

Not

Damaged

Working

Stove

Working

Oven

Oven Racks

Boiler Pan

Refrigerator

Ice Cube

Trays

Working

Sink

Garbage

Disposal

Counter

Tops

Range Hood

and Fan

Dishwasher

Hot and

Cold Water

Drawers

Cabinets

Table

Chairs

Light

Fixtures

Floor

Walls

Ceiling

Misc.

Door Keys

Windows

Door

Screens

Doors

Mailbox

Mailbox Key

Thermostat

Smoke

Detector

Other

_________

Appendix D

Model Roommate Rental Agreement

Upon signing below, the tenants living in the rental unit located at

agree to the following:

1. All Roommates shall abide by the terms of the rental agreement with the

landlord as well as with those laws governing tenants and their rights and

responsibilities.

2. Rent will be paid as follows:

Roommate 1

Roommate 2

Roommate 3

Roommate 4

3. All rental and security deposits shall be divided, paid and refunded

equally, except that each roommate will be individually responsible for ﬁnancial

costs associated with any of their actions or negligence resulting in unpaid rent

or costs for cleaning or damages.

4. Utility costs shall be divided and paid equally. Exceptions may

include utilities that are unequally used by roommates, i.e. long distance

phone calls or increased wiﬁ for roommates that work from home.

5. Each roommate shall pay rent, utilities, and other housing costs promptly

and in full.

6. If any roommate does not fulﬁll the terms of the rental agreement with

the landlord, pay housing costs promptly, or if they otherwise violate the terms

of this roommate agreement, any of the other roommates shall have the right

to: (1) require them to vacate the premises thirty (30) days from receipt of a

written notice, and (2) collect any money due through legal means.

7. Any roommate may terminate their obligation to the rental agreement

only as allowed by the rental agreement with the landlord, and in case of a

month-to-month rental agreement, upon thirty (30) days written notice to all

the other roommates.

8. If a roommate terminates their obligation to the rental agreement, the

remaining roommates shall be refunded their security deposit- minus

appropriate deductions for unpaid rent, damages, or cleaning- within thirty (30)

days of terminating the agreement. Deductions must be in accordance with

Montana law. Before costs for cleaning can be deducted, the remaining

roommates must give notice of cleaning needing to be done, anticipated costs,

and forty-eight (48) hours to the departing roommate to do the cleaning

themself. The remaining roommates must also provide, within thirty (30) days of

the departing roommate’s termination of the agreement, a written list itemizing

any deductions for damages and cleaning. The departing roommate will

provide a forwarding address in writing.

9. New roommates, if needed, shall be chosen through the consensus of all

roommates who shall continue to live on the premises. Any new roommates

must sign this roommate rental agreement.

10. In signing this agreement, no roommate forfeits any of their rights as a

tenant as speciﬁed in the rental agreement or by the law.

11. Special Provisions

_______________________________________________________________________

________________________________________________________

______________________________ ________

Roommate 1 (Signature) Date

______________________________ ________

Roommate 2 (Signature) Date

______________________________ ________

Roommate 3 (Signature) Date

______________________________ ________

Roommate 4 (Signature) Date

Appendix E

Model Holding Deposit Agreement

The prospective tenant, , pays the landlord, , a

holding deposit of $ for the rental unit located at . With this

payment, the parties signing below agree to the following:

1. The landlord shall, until , give ﬁrst priority for rental of the

rental unit to the prospective tenant.

2. If the prospective tenant decides to rent the premises, they must sign

the attached rental agreement with the landlord by the date speciﬁed in part

3. If the tenant and landlord sign the rental agreement by the date speciﬁed

above, the holding deposit shall be used as partial or full payment of a security

deposit of $ , pursuant to the terms of the security deposit speciﬁed in the

rental agreement.

4. If the prospective tenant does not sign the rental agreement by the date

speciﬁed above, they relinquish the holding deposit to the landlord as payment

for holding the rental unit for the prospective tenant.

5. If the landlord decides not to rent to the tenant for any reason, they will

return the full amount of the deposit to the prospective tenant no later than ﬁve

days after the landlord’s decision not to rent to the prospective tenant, or the

date speciﬁed in (1), whichever occurs ﬁrst.

Landlord (Signature) Date

Prospective Tenant 1 (Signature) Date

Prospective Tenant 2 (Signature) Date

Prospective Tenant 3 (Signature) Date

Appendix F

Model Security Deposit Agreement

Upon entering into a rental agreement on the rental unit located at

and upon payment by the tenant, , and the landlord,

, a security of $ , the parties signing below agree to

the following:

1. Said deposit may be applied by the landlord toward reimbursement for

any cost incurred because of the tenant's violation of the rental agreement,

including nonpayment of rent and/or any utilities for which the tenant is

responsible. Said deposit is to be returned within thirty (30) days of termination

accompanied by a written statement itemizing deductions. If, after the

completion of the ﬁnal inspection of the premises, there is no further cleaning

required, no unpaid rent, no damages to the unit, and the tenant can prove to

the landlord that all utilities are paid, the landlord shall return the entire amount

of the security deposit to the tenant within ten (10) days.

2. The landlord shall inspect the premises within one week prior to

termination of the rental agreement and, before the tenant vacates, shall give

the tenant a written statement of needed repairs and the estimated cost

thereof. The tenant shall be responsible only for damage beyond normal wear

and tear and for returning the rental unit to a condition of cleanliness similar to

its condition when the tenant moved in.

3. A written statement as to the condition of the premises upon

occupation by the tenant, as prescribed by MCA 70-25-206, is attached.

4. The landlord shall place the tenant’s security deposit in an interest

bearing bank account. Earned interest shall be treated as part of the security

deposit.

Landlord (Signature) Date

Tenant 1 (Signature) Date

Tenant 2 (Signature) Date

Appendix G

Appendix H

Sample Mold Disclosure

There are many types of mold. Inhabitable properties are not, and cannot be,

constructed to exclude mold. Moisture is one of the most signiﬁcant factors

contributing to mold growth. Information about controlling mold growth may be

available from your county extension agent or health department. Certain strains

of mold may cause damage to property and may adversely aﬀect the health of

susceptible persons, including allergic reactions that may include skin, eye,

nose, and throat irritation. Certain strains of mold may cause infections,

particularly in individuals with suppressed immune systems. Some experts

contend that certain strains of mold may cause serious and even life-threatening

diseases. However, experts do not agree about the nature and extent of the

health problems caused by mold or about the level of mold exposure that may

cause health problems. The Centers for Disease Control and Prevention is

studying the link between mold and serious health conditions. The seller,

landlord, seller's agent, buyer's agent, or property manager cannot and does not

represent or warrant the absence of mold. It is the buyer's or tenant's obligation

to determine whether a mold problem is present. To do so, the buyer or tenant

should hire a qualiﬁed inspector and make any contract to purchase, rent, or

lease contingent upon the results of that inspection. A seller, landlord, seller's

agent, buyer's agent, or property manager who provides this mold disclosure

statement, provides for the disclosure of any prior testing and any subsequent

mitigation or treatment for mold, and discloses any knowledge of mold is not

liable in any action based on the presence of or propensity for mold in a building

that is subject to any contract to purchase, rent, or lease.

Landlord (Signature) Date

Tenant 1 (Signature) Date

Tenant 2 (Signature) Date

Appendix I

Additional Resources

For Information/Complaints About Housing Discrimination:

Montana Human Rights Bureau

PO Box 8011 (406) 444-6543

Helena MT 59604 1-800-542-0807

For Information and Advice on Discrimination and Disabled Persons’ Housing

Rights:

Montana Fair Housing

501 E Front Street #533 (406) 782-2573

Butte MT 59701 1-800-929-2611

inquiry@montanafairhousing.org

To Find a Local Attorney:

Lawyer Referral Service (406) 449-6577

Financial Assistance for Housing or Utilities (Local Section 8 Agencies)

Billings

Human Resource Development Council

(Bighorn, Carbon, Sweetgrass, Stillwater, and rural Yellowstone Counties)

7 N 31st St (406) 247-4732

Billings MT, 59101 1-800-433-1411

info@hrdc7.org Fax: (406) 248-2943

Homefront (Billings Area)

2415 1st Ave N (406) 245-6391

Billings, MT 59101 Fax: (406) 245-0387

Bozeman

Human Resource Development Council (Gallatin, Park and Meagher Counties)

32 S Tracy Ave (406) 587-4486

Bozeman, MT 59715 Fax: (406) 585-3538

hello@thehrdc.org

Butte

Action Inc.

25 W Silver St (406) 533-6855

Butte, MT 59701 1-800-382-1325

Eureka

Community Action Partnership of Northwest Montana

Lincoln County Annex (406) 293-2712

66121 Highway 37 Suite 3

Eureka, MT 59917

Glendive

Action For Eastern Montana (Carter, Custer, Daniels, Dawson, Fallon, Garﬁeld, McCone,

Phillips, Powder River, Prairie, Richland, Roosevelt, Rosebud, Sheridan, Treasure, Valley,

Wibaux counties)

Low Income Home Energy Assistance Program

P.O. Box 1309 (406) 377-3564

2030 N Merrill Ave Fax: (406) 377-3570

Glendive, MT 59330 1-800-227-0703

Great Falls

Opportunities Inc.

Action For Eastern Montana provides several other services, including assistance and companionship

for aging people, employment training, and Head Start. Visit their website to ﬁnd county-speciﬁc

contact information at https://aemt.org/

(Cascade, Chouteau, Glacier, Pondera, Teton, and Toole Counties)

P.O. Box 2289 (406) 761-0310

905 1st Ave N oppincquestion@gfoppinc.org

Great Falls, MT 59401

Great Falls Housing Authority

1500 Chowen Springs Loop (406) 453-4311

Great Falls, MT 59405 TDD: (406) 453-6327

[email protected]g Fax: (406) 727-5566

Hamilton

Human Resource Council

303 N. Third St (406) 363-6101

Hamilton, MT 59840 Info@hrcxi.org

Havre

Human Resource Development Council

2229 5th Ave (406) 265-6743

Havre, MT 59501 1-800-640-6743

reception@hrdc4.org Fax: (406) 265-1312

Helena

Helena Housing Authority

812 Abbey St (406) 442-7970

Helena, Montana 59601 Fax: (406) 442-0574

1-800-253-4091

Kalispell

Community Action Partnership of Northwest Montana

214 Main Street (406) 752-6565

P.O. Box 88 1-800-344-5979

Kalispell, MT 59904 [email protected]

Lewistown

Human Resource Development Council

300 1st Avenue North, Suite 203 (406) 535-7488

Lewistown, MT 59457 Fax: 406-535-2843

1-800-766-3018

Libby

Community Action Partnership of Northwest Montana

933 Farm to Market Rd, Suite B (406) 293-2712

Libby, MT 59923 Fax: (406) 293-2979

Livingston

Human Resource Development Council

121 S. 2nd St (406) 333-2537

Livingston, MT 59047 hellolivingston@thehdrc.org

Missoula

Human Resource Council

1801 S. Higgins Ave (406) 728-3710

Missoula, MT 59801 Fax: (406) 728-7680

info@hrcxi.org

Missoula Housing Authority

1235 34th St (406) 549-4113

Missoula, MT 59801 Fax: (406) 549-6406

mhainf[email protected]g

Polson

Community Action Partnership of Northwest Montana

110 Main Suite M-1 (406) 883-3470

Polson, MT 59860 Fax: (406) 883-3481

Superior

Human Resource Council

38 Mullan Rd W (406) 822-4251

Superior, MT 59872 info@hrcxi.org

Thompson Falls

Community Action Partnership of Northwest Montana

2504 Tradewinds Way Suite 1 (406) 827-3472

Thompson Falls, MT 59873 Fax: (406) 827-3327

White Sulphur Springs

Human Resource Development Council

107 E. Main St (406) 547-3775

P.O. Box 327

White Sulphur Springs, MT 59645

For Legal Assistance

Billings

Montana Legal Services

207 N Broadway Suite 430 (406) 248-7113 or 1-800-666-6899

Billings, MT 59101 Fax: (406) 252-6055

Bozeman

ASMSU Legal Services (Montana State University students only)

221 Strand Union (406) 994-2933

Bozeman, MT 59717 [email protected]

Helena

Montana Legal Services

616 Helena Avenue Suite 100 (406) 442-9817

Helena, MT 59601 Fax: (406) 442-9817

1-800-666-6899

Missoula

Montana Legal Services

1535 Liberty Lane Suite 110D (406) 543-8343

Missoula, MT 59802 Fax: (406) 543-8314

1-800-666-6899

ASUM Legal Services (University of Montana Students Only)

University Center Rm 116 (406) 243-6213

Missoula, MT 59812 Fax: (406) 243-2566

[email protected]t.edu

Glossary

Abatement: To reduce or lower rent. If the lease says there will be a rental

abatement if XYZ happens, it means the tenant will pay a lower rent if XYZ

happens.

Action: Legal proceeding in which rights of parties are determined. Most

commonly an “Action for Possession,” to determine who has the right to

occupy a rental unit.

Casualty Destruction: Accidental damages caused by ﬁre, ﬂood, etc.

Certiﬁed Mail: Mail service providing the sender with proof of mailing.

Counterclaim: A claim by a defendant opposing the claim of a plaintiﬀ and

seeking some relief from the plaintiﬀ for the defendant, consisting of

assertions that the defendant could have made by starting a lawsuit, if the

plaintiﬀ had not already begun the action.

Default: Failure by tenant to pay any installment of rent in accordance with

the rental agreement.

Detainer: To keep another’s property against their will.

Unlawful Detainer: (i) When the tenant continues possession of any part of

the property after the expiration of the rental agreement without permission

(ii) if the tenant continues possession of any part of the property without

permission of the landlord after failing to make the required payments on rent

and they have received a three days notice or (iii) or when the tenant

continues possession after failing to perform other conditions of the lease.

(70-27-108, MCA).

Distress and/or Distraint: A landlord’s acts of securing the tenant’s property

and the tenant’s belongings to keep or sell in place of rent the landlord claims

the tenant owes.

Dwelling Unit: A structure or the part of a structure that is used as a home,

residence, or sleeping place by a person who maintains a household or by

two or more persons who maintain a common household. Dwelling unit, in

the case of a person who rents space in a mobile home park and rents the

mobile home, means the mobile home itself (70-24-103, MCA).

Dispossess: To remove a person from land or property.

Landlord: The owner, lessor, or sublessor of the dwelling unit or the building

of which it is a part.

Lessee: The tenant.

Lessor: The landlord.

Liable: Legally responsible; legally required to pay.

The Party of the First Part: The ﬁrst person’s name to appear on the rental

agreement (usually the landlord’s).

The Party of the Second Part: The second person’s name to appear (usually

the tenant’s) is the party of the second part.

Premises: A dwelling unit and the structure of which it is a part, the facilities

and appurtenances in the structure, and the grounds, areas, and facilities

held out for the use of tenants generally or promised for the use of a tenant.

Prorate: To divide or distribute rent proportionately to the number of days the

tenant spends in the dwelling unit.

Pursuant: In accordance with (law or legal document).

Rental Agreement: All agreements, written or oral, and valid rules adopted

under MCA 70-24-103 embodying the terms and conditions concerning the

use and occupancy of a dwelling unit and premises.

Security Deposit: Value given to the landlord, other than the advance

payment of rent, to provide security and payment for the landlord against any

damages to the property or violations of the lease (70-25-101, MCA).

Subletting: A tenant sublets when they rent the dwelling to someone else

with the written approval of the owner, thus becoming the landlord of the

sublessor (70-24-103, MCA).

Tenant: A person entitled under a rental agreement to occupy a dwelling unit

to the exclusion of others (70-24-103, MCA).

Terminate: To bring to an end.

Waiver: An act or instance of giving up a right or a claim. For example, a

rental agreement might state that if the tenant does XYZ, they waive their

right to ABC.

Index

Bargaining 8

Check-in sheet 11, 12

Children 10

Damages 11, 14, 15, 16, 18-21, 24, 27, 31-33, 36-37, 41-43, 48, 50-51

Deposit 5, 8-12, 14-17, 31-32, 41-43, 50-51

Holding Deposit 9, 67

Discrimination 10

Eviction 32-36, 47, 51-52

Fire Safety 23-24

Smoke Detector 18, 23-24

Landlord’s right to access 26-27

Lease 11-16, 28-30, 44, 50, 52

Maintenance 15, 18-22, 47, 50

Managing premises 15

Pets 8, 14-16, 33

Privacy 26-27

Raising Rent 28, 36

Rental Agreement 6-9, 11-20, 22, 27-36, 41, 47, 50-52, 56-59

Verbal rental agreement 6, 11-12

Written rental agreement 6, 9, 11-13, 16, 56-59

Renter’s Insurance 24-25

Repairs 11, 14, 18-22, 26, 36, 38, 41, 50, 69

Retaliatory conduct 36-37

Rules 11-12, 14, 18, 46, 41

Security Deposit 5, 8, 10-12, 14-17, 31-32, 41-43, 50-51, 68

Small claims court 42-44, 51

Statement of condition of premises 11, 32, 60-64

Subletting 14-16

Tenant’s right to privacy 26-27

Term agreement 14-15

Termination 13-16, 19-20, 27, 30-37, 41, 47-48, 50-52

Utilities 8, 16, 22-23, 32, 41-42. 51