Montana § 70-33-406 - Landlord's Failure To Provide Essential Services -- Tenant's Remedies
Full text of Montana Montana Code Annotated § 70-33-406 — Landlord's Failure To Provide Essential Services -- Tenant's Remedies, with citation guidance and answers to common questions.
§ 70-33-406. Landlord's Failure To Provide Essential Services -- Tenant's Remedies
Landlord's failure to provide essential services -- tenant's remedies. (1) If contrary to the rental agreement or 70-33-303 the landlord purposefully or negligently fails to supply running water, electric, gas, or other essential services, the tenant may give written notice to the landlord specifying the breach and may: (a) procure reasonable amounts of running water, electricity, gas, and other essential services during the period of the landlord's noncompliance and deduct the actual and reasonable cost from the rent; (b) recover damages based upon the diminution in the fair rental value of the lot; or (c) procure reasonable substitute housing during the period of the landlord's noncompliance, in which case the tenant is excused from paying rent for the period of the landlord's noncompliance. (2) A tenant proceeding under this section may not proceed under 70-33-405 for a landlord's failure to provide essential services. (3) The rights of a tenant under this section do not arise until the tenant has given notice to the landlord and the landlord has had a reasonable opportunity to correct the conditions. (4) A tenant does not have rights under this section if the conditions were caused by the act or omission of the tenant, a member of the tenant's family, or any other person on the premises with the tenant's consent.
Source: official Montana text · Last verified 2026-08-27
Frequently Asked Questions About Montana § 70-33-406
What does Montana Code Annotated § 70-33-406 cover?
Section 70-33-406 ("Landlord's Failure To Provide Essential Services -- Tenant's Remedies") is part of the Montana Code Annotated, the codified statutory law of Montana. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Montana § 70-33-406?
A common citation format is "Montana Code Annotated § 70-33-406" (Montana). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Montana law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Montana official source linked on this page or consult a licensed Montana attorney.
How does Montana § 70-33-406 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Montana can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Montana.