Housing · Warranty of habitability
Warranty of Habitability in Montana
What a landlord in Montana must keep livable, and your remedy when they do not: whether you can withhold or escrow rent, or must use another route. This is the landlord duty behind the repair-and-deduct remedy. Cited to the statute.
What the warranty of habitability covers in Montana
What the landlord must maintain, whether you can withhold or escrow rent, and the limits on the remedy.
| What the law says | What it means |
|---|---|
| An enumerated statutory duty | Mont. Code Ann. § 70-24-303(1) requires the landlord to comply with building and housing codes affecting health and safety, make repairs to keep the unit fit and habitable, keep common areas clean and safe, maintain electrical, plumbing, sanitary, heating, ventilating, and air-conditioning systems and elevators, provide trash receptacles, supply running water and reasonable hot water at all times and reasonable heat between October 1 and May 1, and install a smoke detector and a carbon monoxide detector. |
| A dated heating season | Montana is one of only three states in this research to put a heating season in the duty section itself. Section 70-24-303(1)(f) requires reasonable heat between October 1 and May 1. There is no set temperature figure, only the dates. |
| A capped repair-and-deduct | Mont. Code Ann. § 70-24-406 supplies a repair-and-deduct remedy capped at one month’s rent. It follows written notice and the required cure period. See our repair-and-deduct page for how the cap works. |
| Where it does not apply | What it means |
|---|---|
| Written notice and a cure period | Under Mont. Code Ann. § 70-24-406 the tenant gives written notice specifying the problem. The rental agreement can terminate on a date not less than 30 days after notice if the breach is not remedied, with a shorter track of 14 days to cure and 3 working days in an emergency. These figures do different work, so confirm the current split against the official section. |
| Some duties shift, including heat and water | Section 70-24-303(3) lets the trash and the water and heat duties be shifted to the tenant by written agreement entered into in good faith and not to evade the landlord’s obligations. Section 70-24-303(4) lets certain other repairs be shifted, provided the work is not needed to cure a code-compliance breach. A backstop at § 70-24-202 bars a rental agreement from having a party waive rights or remedies under the chapter. |
| Detector immunity | Montana requires the landlord to install a carbon monoxide detector and a smoke detector, then under § 70-24-303(5) immunizes the landlord from damages caused by the failure of those devices. The tenant must maintain the detectors during the tenancy. |
What you can do right now
Concrete, neutral steps when a rental in Montana is not being kept livable. This is legal information, not legal advice.
- Put the problem in writing
Describe the defect in writing to the landlord, date it, and keep a copy. Written notice under Mont. Code Ann. § 70-24-406 starts the cure period. For heat problems, note the October 1 to May 1 season.
- Document the condition
Take photos or video, keep any city inspection reports, and save your messages with the landlord. This record shows the breach if you later repair and deduct or go to court.
- Use repair-and-deduct within the cap
If the landlord does not fix the problem in the cure period, Mont. Code Ann. § 70-24-406 lets you repair and deduct, capped at one month’s rent. Keep the cost reasonable and save receipts.
- Get Montana tenant help
Because the notice periods do different work and are easy to transpose, a local legal-aid office or Montana Law Help can confirm the current split and walk you through your options before you act.
Withholding rent the wrong way can risk eviction, so a legal aid office can confirm the exact notice and escrow steps before you stop paying.
→ Montana Law Help (legal aid)This is general legal information, not legal advice. The notice, the escrow account, and what counts as uninhabitable all matter, so confirm your situation against the statute before withholding rent.
What renters in Montana get wrong about habitability
Montana lists a landlord’s duties in Mont. Code Ann. § 70-24-303, and its signature feature is a dated heating season written into the duty itself. Section 70-24-303(1)(f) requires reasonable heat between October 1 and May 1, one of only three states in this research to put a heat season in the duty section rather than leaving it to a general reasonable-heat standard. There is no temperature figure, only the dates. Montana also does two things worth flagging. It requires the landlord to install a smoke detector and a carbon monoxide detector, then immunizes the landlord from damages if those devices fail, putting the maintenance duty on the tenant during the tenancy. And it lets some duties, including the water and heat duties, be shifted to the tenant by a good-faith written agreement, with a backstop in § 70-24-202 barring a general waiver of rights or remedies. The remedy is a repair-and-deduct under § 70-24-406 capped at one month’s rent, following written notice and a cure period. One caution: two versions of § 70-24-303 are in force, and the current one opens Subject to 27-1-1603, a cross-reference whose effect on the duty list was not confirmed in our research. The wording here comes from the official MCA, cross-checked against a mirror.
Common questions
When must a Montana landlord provide heat?
Between October 1 and May 1. Mont. Code Ann. § 70-24-303(1)(f) requires reasonable heat during that season, along with running water and reasonable hot water at all times. There is no set temperature in the statute, only the dates.
Can I repair and deduct in Montana?
Yes, within a cap. After written notice and the cure period, Mont. Code Ann. § 70-24-406 lets you repair and deduct, capped at one month’s rent. Keep the cost reasonable and save receipts. See our repair-and-deduct page for more.
How much notice do I give my Montana landlord?
Under § 70-24-406 you give written notice specifying the problem. The agreement can end 30 days after notice if the breach is not remedied, with a 14-day cure track and 3 working days in an emergency. These figures do different work, so confirm the current split before relying on it.
Who is responsible for the smoke detector in a Montana rental?
The landlord installs the smoke detector and carbon monoxide detector and verifies they work at the start, but under § 70-24-303(5) the landlord is not liable if a device fails, and the tenant must maintain them during the tenancy.
Not legal advicePlainStatute provides plain-language summaries of public law for general information only. This is not legal advice. Statutes change; always confirm current requirements with the official source linked above before acting.