Tenant Repair Laws in Montana
In Montana, a tenant may make repairs costing up to one month's rent and deduct the cost if the landlord does not repair within a reasonable time after notice, and may end the lease if a health and safety breach is not fixed within 14 days.
Last checked . General information, not legal advice.
Montana at a glance
- Repair and deduct
- Yes, up to one month's rent
- Emergency repairs must be done by a qualified person.
- Landlord repair deadline
- Reasonable time (14 days to avoid termination)
- 14 days applies to the tenant's termination notice. In an emergency the landlord has 3 working days. Repair and deduct uses a reasonable time.
The rules in Montana
Can a tenant repair and deduct the cost from rent in Montana?
Yes, up to one month's rent. Repair and deduct in Montana: yes, up to one month's rent. Emergency repairs must be done by a qualified person.
How long does a landlord have to make repairs after notice in Montana?
Landlord repair deadline in Montana: Reasonable time (14 days to avoid termination). 14 days applies to the tenant's termination notice. In an emergency the landlord has 3 working days. Repair and deduct uses a reasonable time.
Where do the Montana tenant repair laws come from?
The rules above come from Mont. Code Ann. 70-24-406, Mont. Code Ann. 70-24-408 and Mont. Code Ann. 70-24-421. Each source is linked on this page. We last checked them in October 2026.
Good to know
If the landlord fails to supply heat, water, electricity, gas or other essential services, the tenant may buy them and deduct the cost from rent after written notice (MCA 70-24-408).
In an eviction for nonpayment, the tenant may counterclaim and the court may order rent paid into court (MCA 70-24-421).
What this means in practice
Give notice in writing and keep a copy. Tenant repair remedies usually start running only after the landlord has received notice of the problem, and a dated letter or email is the easiest way to prove when that happened.
Document the condition before and after. Photos, videos, inspection reports from a local code office and receipts for any repair work help show that the problem was serious and that any amount deducted or withheld matches the actual cost.
Stay current on everything else. Repair remedies generally protect only tenants who are not otherwise behind on rent and who did not cause the damage, and using a remedy the state does not allow can be treated as nonpayment of rent and lead to an eviction case.
General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.
Compare with neighboring states
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