Montana landlord repair laws

What your landlord is required to fix, how long they have once you put it in writing, and what Montanalaw lets you do if they don't.

What your landlord must maintain

Under MCA § 70-24-303, a landlord must make repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition, maintain electrical, plumbing, sanitary, heating and air-conditioning systems, and supply running water and reasonable hot water at all times and reasonable heat between October 1 and May 1.

Conditions the statute covers

• ✓No working heat
• ✓No running water
• ✓No hot water
• ✓Electrical system not working or unsafe
• ✓Plumbing not in working order
• ✓Sewage backup or unsanitary conditions
• ✓Air conditioning not working (where supplied)
• ✓Supplied appliances not working — stove, refrigerator
• ✓Unsafe floors, stairs, railings, ceiling, or roof
• ✓Roof, window, or plumbing leak causing damage
• ✓Mold growth
• ✓Rodent or insect infestation
• ✓Common areas unsafe or unsanitary
• ✓No garbage receptacles or removal
• ✓Broken exterior door, window, or lock
• ✓Building or housing code violation

What you can do about it

Once written notice has been given and the statutory period has passed, you may terminate the rental agreement, repair the condition and deduct its cost under § 70-24-406(1)(b), or exercise the essential-services remedies in § 70-24-408, together with actual damages and injunctive relief.

Repair-and-deduct limit: under § 70-24-406(1)(b) the repairs may not cost more than one month's rent, the landlord must have failed to make them within a reasonable time after notice, and emergency repairs must be made by a person qualified to make them. (Shown for a $1,500 monthly rent where the limit depends on rent.)

Retaliation is illegal

MCA § 70-24-431 provides that a complaint within six months before an alleged act of retaliation creates a rebuttable presumption of retaliation. Under § 70-24-442, the prevailing party is entitled to reasonable attorney fees notwithstanding any agreement to the contrary.

Common questions

How long does a landlord have to make repairs in Montana?

Under MCA § 70-24-406(1)(a), the rental agreement terminates on a date not less than 30 days after your receipt of this notice if the breach is not remedied in 14 days. Where the noncompliance is an emergency, the same section gives you 3 working days from written notice of the emergency and of the tenant's intention to terminate. That clock starts when your landlord receives written notice — which is why how you send it matters.

Can I withhold rent or repair it myself in Montana?

Montana allows repair-and-deduct within limits: under § 70-24-406(1)(b) the repairs may not cost more than one month's rent, the landlord must have failed to make them within a reasonable time after notice, and emergency repairs must be made by a person qualified to make them. You must give written notice first, and the statutory waiting period must pass before you act.

Can my landlord retaliate if I ask for repairs in Montana?

MCA § 70-24-431 provides that a complaint within six months before an alleged act of retaliation creates a rebuttable presumption of retaliation. Under § 70-24-442, the prevailing party is entitled to reasonable attorney fees notwithstanding any agreement to the contrary.

Do I have to put a repair request in writing in Montana?

Yes — and it is the single most important step. Under MCA §§ 70-24-406, 70-24-408, the landlord's obligations and your remedies run from written notice. A text message or a phone call generally leaves you arguing about whether and when your landlord was told.

Verified against Montana's published statute text on August 11, 2026 — read the statute yourself. General information, not legal advice. We are not a law firm.