Landlord repairs in Montana

The landlord must make repairs and do whatever is necessary to put and keep the premises fit and habitable, keep common areas clean and safe, maintain landlord-supplied electrical, plumbing, sanitary, heating, ventilating, air-conditioning and other facilities and appliances, and comply with building and housing codes materially affecting health and safety for units built after July 1, 1977. (Mont. Code Ann. § 70-24-303(1))

Montana law names these:

• running water and reasonable hot water at all times
• reasonable heat from October 1 to May 1
• working electrical, plumbing, sanitary, heating, ventilating, air-conditioning facilities and appliances (including elevators) supplied by the landlord
• garbage and waste receptacles and removal (unless the lease says otherwise)
• approved smoke detector and carbon monoxide detector
• clean and safe common areas

To end the lease for a health-and-safety breach the tenant must deliver a written notice specifying the breach (§ 70-24-406(1)(a)), and the essential-services remedies start with a written notice specifying the breach (§ 70-24-408(1)). Repair-and-deduct requires only that the tenant 'has given the landlord notice' — the statute does not say it must be written (§ 70-24-406(1)(b)). Montana Legal Services says handwritten, form-letter or email notice is fine, delivered by hand or mail, and to keep a dated copy. (Mont. Code Ann. §§ 70-24-406(1), 70-24-408(1))

The notice must be in writing. Write a Montana repair request letter.

After written notice of a health-and-safety breach, the landlord has 14 days to remedy it, or 3 working days in an emergency (§ 70-24-406(1)(a)). For repair-and-deduct the statute requires only that the landlord fail to repair within a reasonable time after notice (§ 70-24-406(1)(b)); for essential services, a reasonable opportunity to correct (§ 70-24-408(3)).

Urgent problems (3 business days): Noncompliance that results in an emergency (not defined by statute; Montana Legal Services gives a furnace not working in winter as an example).

Law: Mont. Code Ann. §§ 70-24-406(1), 70-24-408(3)

Allowed with limits. For a breach affecting health and safety, after notice and the landlord's failure to repair within a reasonable time, the tenant may make repairs costing no more than one month's rent and deduct the cost from rent. Emergency repairs may be made only by a person qualified to make them. Not available for conditions the tenant, family or guests caused. For heat, running or hot water, electricity, gas or other essential services the landlord purposefully or negligently fails to supply, the tenant may, after written notice, buy reasonable amounts of those services and deduct the actual reasonable cost from rent (§ 70-24-408).

Limit:

one month's rent

Law:

Mont. Code Ann. §§ 70-24-406(1)(b), 70-24-408(1)(a)

Allowed with limits. No statute allows withholding rent generally. If the landlord fails to supply essential services, a tenant who gets reasonable substitute housing is excused from rent for the period of noncompliance (§ 70-24-408(1)(c)). In a landlord's suit for rent or possession, the tenant may counterclaim for amounts owed under the lease or the Act (§ 70-24-421). Montana Legal Services advises talking to a lawyer before stopping rent.

Law:

Mont. Code Ann. §§ 70-24-408(1)(c), 70-24-421

When a tenant in possession counterclaims in a landlord's action for rent or possession, the court may order the tenant to pay accrued and future rent into court, then pays each party what is owed; if no rent remains due, judgment for possession goes to the tenant. (Mont. Code Ann. § 70-24-421)

Allowed. For a health-and-safety breach, the tenant may give written notice that the lease ends on a date at least 30 days after receipt unless the landlord fixes it within 14 days. In an emergency, if the landlord does not fix it within 3 working days after written notice of the problem and the intent to terminate, the tenant may terminate. If the same breach recurs within 6 months after notice, the tenant may terminate on at least 14 days' written notice. Not available for tenant-caused conditions; the landlord must return the recoverable deposit.

Law:

Mont. Code Ann. § 70-24-406(1)(a), (4)

Actual damages and injunctive relief for any noncompliance with the lease or § 70-24-303 (§ 70-24-406(2)). For essential services: damages based on reduced fair rental value, or reasonable substitute housing with rent excused (§ 70-24-408); a tenant using § 70-24-408 may not also use §§ 70-24-406 or 70-24-407 for the same breach. In any action on the lease or under the Act, the court may award reasonable attorney fees and costs to the prevailing party (landlord or tenant), even if the lease says otherwise (§ 70-24-442); Montana Legal Services notes a tenant who wins a repair suit may have the landlord ordered to pay their attorney fees.

A landlord may not raise rent, cut services, or bring or threaten an eviction because the tenant complained to a building or housing code agency about a health or safety violation, complained in writing to the landlord about a § 70-24-303 violation, or joined a tenant union. A complaint within 6 months before the landlord's act creates a rebuttable presumption of retaliation (not if the complaint came after notice of a rent increase or service cut). Exceptions: tenant-caused code violations, rent default, or code compliance requiring work that deprives the tenant of use. (Mont. Code Ann. § 70-24-431)

• A landlord and tenant may agree that the tenant does specified repairs or maintenance only in good faith, in a separate signed writing with adequate consideration, and not for work needed to meet building and housing codes (§ 70-24-303(3)–(4)).
• The landlord is not liable for damages caused by failure of the required smoke or carbon monoxide detector; the tenant must keep them working during the tenancy (§ 70-24-303(1)(g), (5)).
• Until January 1, 2031, § 70-24-303 is made subject to § 27-1-1603 (COVID-19 exposure liability limit); the text otherwise continues unchanged.

• Montana repair request letter (free, runs in your browser)
• Breaking a lease in Montana: notice periods and early-termination rights
• Montana eviction notice rules: what a notice for unpaid rent requires

• Mont. Code Ann. § 70-24-303 (2025) — Landlord to maintain premises Retrieved October 14, 2026.
• Mont. Code Ann. § 70-24-406 (2025) — Tenant's remedies Retrieved October 14, 2026.
• Mont. Code Ann. § 70-24-408 (2025) — Failure to provide essential services Retrieved October 14, 2026.
• Mont. Code Ann. § 70-24-421 (2025) — Tenant's counterclaim; rent into court Retrieved October 14, 2026.
• Mont. Code Ann. § 70-24-431 (2025) — Retaliatory conduct prohibited Retrieved October 14, 2026.
• Montana Legal Services Association — 4 Steps to Take if Your Landlord Won't Make Repairs Retrieved October 14, 2026.
• Montana Legal Services Association — Repair and Deduct Retrieved October 14, 2026.
• Mont. Code Ann. § 70-24-442 (2025) — Attorney fees, costs Retrieved October 14, 2026.

Laws change. This page was checked against the sources above on October 14, 2026. It is legal information, not legal advice; before withholding rent or ending a lease, contact your state's legal aid. See our methodology.