Title 70, Title 70

Unless superseded by the provisions of this chapter, the principles of law and equity, including the law relating to capacity to contract, mutuality of obligations, principal and agent, real property, public health, safety and fire prevention, estoppel, fraud, misrepresentation, …

(1) A person has notice of a fact if: (a) the person has actual knowledge of the fact; (b) in the case of a landlord, the notice is delivered at the place of business of the landlord through which the rental agreement was made; or (c) in the case of a landlord or tenant, the noti…

Every duty under this chapter and every act that must be performed as a condition precedent to the exercise of a right or remedy under this chapter imposes an obligation of good faith in its performance or enforcement.

(1) Except as provided in 45-5-209, a notice of no contact to a landlord for the benefit of a tenant or to a tenant for the benefit of a landlord may only be authorized pursuant to an order of no contact issued by a court of competent jurisdiction if the person receiving the noti…

The provisions of this chapter are cohesive with the provisions of Title 70, chapter 25, and the two chapters must be read in conjunction when considering, with regards to the Montana Residential Mobile Home Lot Rental Act, the rights and duties of landlords and tenants, and the …

(1) A tenant with a disability or a disability-related need for an emotional support animal may request and be approved by a landlord to keep an emotional support animal as a reasonable accommodation in housing. (2) Unless otherwise prohibited by federal law, rule, or regulation,…

(1) A landlord and a tenant may include in a rental agreement terms and conditions not prohibited by this chapter or other rule or law. (2) Unless the rental agreement provides otherwise: (a) the tenant shall pay as rent the rental value for the use and occupancy of the lot as de…

(1) A rental agreement may not require a party to: (a) waive or forego rights or remedies under this chapter; (b) authorize any person to confess judgment on a claim arising out of the rental agreement; or (c) agree to the exculpation or limitation of liability resulting from the…

(1) If the landlord does not sign and deliver a written rental agreement that has already been signed by the tenant and delivered to the landlord, acceptance of rent without reservation by the landlord gives the rental agreement the same effect as if it had been signed and delive…

(1) A landlord or a person authorized to enter into a rental agreement on a landlord's behalf shall disclose to the tenant in writing at or before the commencement of the tenancy the name and address of: (a) the person authorized to manage the premises; and (b) the owner of the p…

(1) At the commencement of the rental term, a landlord shall deliver possession of the premises to the tenant in compliance with the rental agreement and 70-33-303. A landlord may bring an action for possession against a person wrongfully in possession. (2) If a landlord accepts …

(1) A landlord shall: (a) comply with the requirements of applicable building, housing, and health department codes materially affecting health and safety at the time of original construction; (b) make repairs and do whatever is necessary to put and keep the premises in a fit and…

(1) Unless otherwise agreed, a landlord who conveys premises subject to a rental agreement in a good faith sale to a bona fide purchaser is relieved of liability under the rental agreement and this chapter as to events occurring after written notice to the tenant of the conveyanc…

(1) A tenant who vacates a lot during the term of a tenancy may not allow the possession of the property to be transferred to a third person or sublet the property unless the landlord or the landlord's agent has consented in writing. (2) The sale or rental of a mobile home locate…

(1) A landlord may adopt a rule concerning the tenant's use and occupancy of the premises. A rule is enforceable against the tenant only if: (a) its purpose is to promote the convenience, safety, or welfare of the occupants in the premises, preserve the landlord's property from a…

(1) A tenant may not unreasonably withhold consent to the landlord or the landlord's agent to enter the lot in order to inspect the premises, make necessary or agreed repairs, alterations, or improvements, supply necessary or agreed services, or exhibit the lot to prospective or …

(1) A landlord may adopt a rule concerning the rental occupancy of a lot and the use of common areas and facilities in accordance with 70-33-311. A rule may not be unreasonable, and a rule that does not apply uniformly to all tenants of a similar class creates a rebuttable presum…

(1) The membership of a resident association may elect officers of the association at a meeting at which a majority of the members are present. All residents may attend meetings, but the landlord and the landlord's employees may not be members and may not attend meetings unless s…

In addition to the obligations imposed by 70-33-303, the mobile home park landlord shall maintain common roads within the mobile home park in a safe condition, including arranging for snow plowing as is reasonable to keep the roads passable.

(1) A tenant shall: (a) comply with all obligations primarily imposed upon tenants by applicable provisions of building and housing codes materially affecting health and safety; (b) keep that part of the premises that the tenant occupies and uses as reasonably clean and safe as t…

The rental agreement may require that the tenant notify the landlord of an anticipated extended absence from the premises in excess of 7 days not later than the first day of the extended absence.

(1) The remedies provided by this chapter must be administered so that an aggrieved party may recover appropriate damages. The aggrieved party has a duty to mitigate damages. The aggrieved party may include a reasonable charge for the party's labor. (2) A right or obligation decl…

(1) A provision prohibited by 70-33-202 that is included in a rental agreement is unenforceable. (2) If one party purposefully uses a rental agreement containing provisions known by that party to be prohibited, the other party may recover, in addition to actual damages, an amount…

(1) Except as provided in subsection (2), if the court, as a matter of law, finds that: (a) a rental agreement or any provision of the rental agreement is unconscionable, the court, in order to avoid an unconscionable result, may refuse to enforce the agreement or may enforce the…

(1) If the landlord fails to deliver possession of the lot to the tenant as provided in 70-33-302, rent abates until possession is delivered and the tenant may: (a) terminate the rental agreement upon at least 5 days' written notice to the landlord and, upon termination, the land…

(1) Unless otherwise provided in this chapter, if there is a noncompliance with 70-33-303 affecting health and safety, the following procedures apply: (a) The tenant may deliver a written notice to the landlord specifying the nature of the breach and that the rental agreement wil…

(1) If contrary to the rental agreement or 70-33-303 the landlord purposefully or negligently fails to supply running water, electric, gas, or other essential services, the tenant may give written notice to the landlord specifying the breach and may: (a) procure reasonable amount…

(1) (a) If the lot or premises are damaged or destroyed by fire or casualty to an extent that enjoyment of the lot is substantially impaired, the tenant may immediately vacate the premises and notify the landlord in writing within 14 days of vacating the premises that it is the t…

If the landlord makes an unlawful entry or a lawful entry in an unreasonable manner or makes repeated demands for entry that is otherwise lawful but has the effect of unreasonably harassing the tenant, the tenant may either obtain injunctive relief to prevent the recurrence of th…

(1) If a landlord unlawfully removes or excludes the tenant from the premises or purposefully diminishes services to the tenant by interrupting or causing the interruption of running water, electricity, gas, or other essential services, the tenant may recover possession or termin…

(1) (a) In an action for possession based upon nonpayment of the rent or in an action for rent when the tenant is in possession, the tenant may counterclaim for any amount recoverable under the rental agreement or this chapter. (b) (i) The court may order the tenant to pay into c…

(1) If the tenant destroys, defaces, damages, impairs, or removes any part of the premises in violation of 70-33-321(3), the landlord may terminate the rental agreement upon giving 3 days' written notice specifying the noncompliance under the provisions of 70-33-321(3). If the la…

(1) Acceptance by the landlord of full payment of rent due is a waiver of a claimed breach of a rental agreement only when the claimed breach is the nonpayment of rent. (2) Acceptance of full payment of rent due when a claimed breach is something other than the nonpayment of rent…

(1) If the tenant refuses to allow lawful access, the landlord may issue a 24-hour notice to correct or obtain immediate injunctive relief to compel access. In either case, the landlord may recover actual damages. If the 24-hour notice to correct is not remedied, the landlord may…

If there is noncompliance by the tenant with 70-33-321 affecting health and safety that can be remedied by repair, replacement of a damaged item, or cleaning and the tenant fails to comply as promptly as conditions require in case of emergency or within 14 days after written noti…

(1) (a) If the rental agreement requires the tenant to give notice to the landlord of an anticipated extended absence in excess of 7 days, as provided for in 70-33-322, and the tenant fails to do so, the landlord may recover actual damages from the tenant. (b) During an absence o…

(1) If the rental agreement is terminated, the landlord has a claim for possession, rent, and actual damages for any breach of the rental agreement. (2) (a) Except as provided in subsection (2)(c), an action filed pursuant to subsection (1) in a court must be heard within 10 busi…

Except in the case of abandonment or surrender or as permitted in this chapter, a landlord may not recover or take possession of the lot by action or otherwise, including purposeful diminution of services to the tenant by interrupting or causing the interruption of running water,…

(1) If the tenant remains in possession without the landlord's consent after expiration of the term of the rental agreement or other termination of the rental agreement, the landlord may bring an action for possession. (2) If the term is longer than month-to month and the landlor…

(1) (a) If a tenancy terminates by court order, the personal property is considered abandoned and the landlord may immediately dispose of the personal property as allowed by law. (b) If a tenancy terminates in any manner other than by court order, if the landlord reasonably belie…

(1) Except as provided in this section, a landlord may not retaliate by increasing rent, by decreasing services, or by bringing or threatening to bring an action for possession after the tenant: (a) has complained of a violation applicable to the premises materially affecting hea…

(1) If a tenancy terminates, if the landlord reasonably believes that the tenant has abandoned a mobile home occupying a mobile home lot, and if at least 5 days have elapsed since the occurrence of events upon which the landlord has formed the belief that the mobile home has been…

(1) If there is a noncompliance by the tenant with the rental agreement or with a provision of 70-33-321, the landlord may deliver a written notice to the tenant pursuant to 70-33-106 specifying the acts or omissions constituting the noncompliance and stating that the rental agre…

In an action on a rental agreement or arising under this chapter, reasonable attorney fees, together with costs and necessary disbursements, may be awarded to the prevailing party notwithstanding an agreement to the contrary.