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Montana law specifies that landlords have fourteen 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 14 days the rental agreement will terminate in thirty days. If the problem creates an emergency situation, the problem must be fixed in three days. 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 days.
Source: 70-24-406
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. Notify them through certified mail and make sure to make a copy for your records. If the landlord fails to make the needed emergency repairs within 3 days, Montana law offers remedies such as hiring a professional to repair and deducting that cost from your rent (if the cost is less than 1 months rent).
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. If the tenant fails to supply a key, then the landlord may either obtain an order from the court or terminate the rental agreement.
Source: 70-24-312
If your landlord thinks your deduction is improper, you’ll probably end up in small claims court. Make sure to review the repair and deduct section of Montana code so that you can make your case to the judge. Note that for you to use this particular remedy, you must notify your landlord in writing, and give them 14 days to remedy the situation, unless it’s an emergency in which case the landlord has 3 days.
The landlord must keep the premises in fit and habitable condition so the landlord may need to fix anything that affects that. 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 (2) The damages affect the fitness and habitability of the rental unit. If you need something repaired, send the landlord a certified letter and refer to the timeline question above.
Source: 70-24-303
Tenants may never withhold rent to induce the landlord to perform repairs. Montana law recognizes that tenants need effective processes to ensure prompt repairs, but it draws a sharp distinction between these processes and prompt rent payment. Withholding rent in order to force repairs is improper; in response, the landlord can terminate the rental agreement with three days prior notice and sue the tenant for up to three times the amount of lost rental income. 70-24-422
Source: 70-24-422
Doing major fixes yourself is not recommended. It is your landlord's duty to maintain the facilities and appliances in good working order. That said if the damage was done by you, your roommates, or someone you invited on to the premises it is your duty to fix. Major repairs should be done by someone qualified, as a poorly done repair could be considered further damage by the tenant. In other words, don’t risk it; notify your landlord, hire a licensed and insured professional, and keep receipts.
Source: 70-24-321
The landlord is not obligated to look for or identify mold in a building they own; however, if they are aware of mold prior to you moving in, they must attach a mold disclosure statement to the lease and they are required to furnish any prior testing results from that property. Otherwise, all testing for mold is left up to potential tenants. “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.”
Source: 70-16-703
