Montana Property Management MCA
Laws
- answer The Montana Residential Landlord and Tenant Act of 1977".
70-24-102. Purposes -- liberal construction to promote. - answer(1) This chapter shall
be liberally construed and applied to promote its underlying purposes and policies.
(2) Underlying purposes and policies of this chapter are to:
(a) simplify, clarify, modernize, and revise the law governing the rental of dwelling units
and the rights and obligations of landlords and tenants; and
(b) encourage landlords and tenants to maintain and improve the quality of housing.
(1) "Abandon" - answer means to give up possession of the premises unless the
landlord does not accept abandonment or surrender as provided in 70-24-426 or unless
the rental agreement has been terminated as provided by law.
"Action" - answerincludes recoupment, counterclaim, setoff suit in equity, and any other
proceeding in which rights are determined, including an action for possession.
"Actual and reasonable cost" - answermeans the actual amount of expenses and labor
incurred or expended and the reasonable amount of expenses and labor estimated to
be incurred or expended.
"Case of emergency" - answermeans an extraordinary occurrence beyond the tenant's
control requiring immediate action to protect the premises or the tenant. A case of
emergency may include the interruption of essential services, including heat, electricity,
gas, running water, hot water, and sewer and septic system service, or life-threatening
events in which the tenant or landlord has reasonable apprehension of immediate
danger to the tenant or others.
"Court" - answermeans the appropriate district court, small claims court, justice's court,
or city court.
"Dwelling unit" - answermeans a structure or the part of a structure that is used as a
home, residence, or sleeping place by a person who maintains a household or by two or
more persons who maintain a common household. Dwelling unit, in the case of a
person who rents space in a mobile home park and rents the mobile home, means the
mobile home itself.
"Good faith" - answermeans honesty in fact in the conduct of the transaction concerned.
"Guest" - answermeans a person staying with a tenant for a temporary period of time as
defined in the rental agreement or, if not defined in the rental agreement, for a period of
, time no more than 7 days unless the tenant has received the landlord's written consent
to a longer period of time.
"Landlord" - answer(a) the owner of the dwelling unit or the building of which it is a part;
(b) a person who has written authorization from the owner to act as the owner's agent or
assignee for purposes related to the premises or the rental agreement;
(c) a person who has written authorization from the owner to act as a manager of the
premises for the purposes of the tenancy or the rental agreement; or
(d) a lessor who has written authorization from the owner of the premises to sublease
the premises.
10) "Organization" - answerincludes a corporation, government, governmental
subdivision or agency, business trust, estate, trust, or partnership or association, two or
more persons having a joint or common interest, and any other legal or commercial
entity.
"Owner" - answermeans one or more persons, jointly or severally, in whom is vested all
or part of:
(a) the legal title to property; or
(b) the beneficial ownership and a right to present use and enjoyment of the premises,
including a mortgagee in possession.
"Roomer" - answermeans a person occupying a dwelling unit that does not include a
toilet, a bathtub or a shower, a refrigerator, a stove, or a kitchen sink, all of which are
provided by the landlord and one or more of which are used in common by occupants in
the structure.
70-24-104. Exclusions from application of chapter. - answerUnless created to avoid the
application of this chapter, the following arrangements are not governed by this chapter:
(1) residence at a public or private institution if incidental to detention or the provision of
medical, geriatric, educational, counseling, religious, or similar service, including all
housing provided by the Montana university system and other postsecondary
institutions;
(2) occupancy under a contract of sale of a dwelling unit or the property of which it is a
part if the occupant is the purchaser or a person who succeeds to the purchaser's
interest;
(3) occupancy by a member of a fraternal or social organization in the portion of a
structure operated for the benefit of the organization;
(4) transient occupancy in a hotel or motel;
(5) occupancy by an owner of a condominium unit or a holder of a proprietary lease in a
cooperative;
(6) occupancy under a rental agreement covering premises used by the occupant
primarily for commercial or agricultural purposes;
(7) occupancy by an employee of a landlord whose right to occupancy is conditional
upon employment in and about the premises; and
Laws
- answer The Montana Residential Landlord and Tenant Act of 1977".
70-24-102. Purposes -- liberal construction to promote. - answer(1) This chapter shall
be liberally construed and applied to promote its underlying purposes and policies.
(2) Underlying purposes and policies of this chapter are to:
(a) simplify, clarify, modernize, and revise the law governing the rental of dwelling units
and the rights and obligations of landlords and tenants; and
(b) encourage landlords and tenants to maintain and improve the quality of housing.
(1) "Abandon" - answer means to give up possession of the premises unless the
landlord does not accept abandonment or surrender as provided in 70-24-426 or unless
the rental agreement has been terminated as provided by law.
"Action" - answerincludes recoupment, counterclaim, setoff suit in equity, and any other
proceeding in which rights are determined, including an action for possession.
"Actual and reasonable cost" - answermeans the actual amount of expenses and labor
incurred or expended and the reasonable amount of expenses and labor estimated to
be incurred or expended.
"Case of emergency" - answermeans an extraordinary occurrence beyond the tenant's
control requiring immediate action to protect the premises or the tenant. A case of
emergency may include the interruption of essential services, including heat, electricity,
gas, running water, hot water, and sewer and septic system service, or life-threatening
events in which the tenant or landlord has reasonable apprehension of immediate
danger to the tenant or others.
"Court" - answermeans the appropriate district court, small claims court, justice's court,
or city court.
"Dwelling unit" - answermeans a structure or the part of a structure that is used as a
home, residence, or sleeping place by a person who maintains a household or by two or
more persons who maintain a common household. Dwelling unit, in the case of a
person who rents space in a mobile home park and rents the mobile home, means the
mobile home itself.
"Good faith" - answermeans honesty in fact in the conduct of the transaction concerned.
"Guest" - answermeans a person staying with a tenant for a temporary period of time as
defined in the rental agreement or, if not defined in the rental agreement, for a period of
, time no more than 7 days unless the tenant has received the landlord's written consent
to a longer period of time.
"Landlord" - answer(a) the owner of the dwelling unit or the building of which it is a part;
(b) a person who has written authorization from the owner to act as the owner's agent or
assignee for purposes related to the premises or the rental agreement;
(c) a person who has written authorization from the owner to act as a manager of the
premises for the purposes of the tenancy or the rental agreement; or
(d) a lessor who has written authorization from the owner of the premises to sublease
the premises.
10) "Organization" - answerincludes a corporation, government, governmental
subdivision or agency, business trust, estate, trust, or partnership or association, two or
more persons having a joint or common interest, and any other legal or commercial
entity.
"Owner" - answermeans one or more persons, jointly or severally, in whom is vested all
or part of:
(a) the legal title to property; or
(b) the beneficial ownership and a right to present use and enjoyment of the premises,
including a mortgagee in possession.
"Roomer" - answermeans a person occupying a dwelling unit that does not include a
toilet, a bathtub or a shower, a refrigerator, a stove, or a kitchen sink, all of which are
provided by the landlord and one or more of which are used in common by occupants in
the structure.
70-24-104. Exclusions from application of chapter. - answerUnless created to avoid the
application of this chapter, the following arrangements are not governed by this chapter:
(1) residence at a public or private institution if incidental to detention or the provision of
medical, geriatric, educational, counseling, religious, or similar service, including all
housing provided by the Montana university system and other postsecondary
institutions;
(2) occupancy under a contract of sale of a dwelling unit or the property of which it is a
part if the occupant is the purchaser or a person who succeeds to the purchaser's
interest;
(3) occupancy by a member of a fraternal or social organization in the portion of a
structure operated for the benefit of the organization;
(4) transient occupancy in a hotel or motel;
(5) occupancy by an owner of a condominium unit or a holder of a proprietary lease in a
cooperative;
(6) occupancy under a rental agreement covering premises used by the occupant
primarily for commercial or agricultural purposes;
(7) occupancy by an employee of a landlord whose right to occupancy is conditional
upon employment in and about the premises; and
