Montana Landlord Tenant Laws

Summary

The conversation covers various aspects of Montana landlord-tenant laws, including the legality of lease clauses, landlord obligations under the Residential Landlord and Tenant Act, and the roles of property managers. It also discusses mold issues in Section 8 housing, the responsibilities of the Montana Department of Commerce Housing Division, and how to change mold disclosure laws. Additionally, it provides tips for organizing evidence for a landlord-tenant case on a fixed income.

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The TENANT, by execution of this Agreement, agrees that the dwelling unit described herein has been inspected by him/her and meets with his/her approval. The TENANT acknowledges hereby that said premises have been satisfatorily completed and that the LANDLORD will not be requred to repaint, replaster, or otherwise perform any other work, labor, or service which it has already performed for the TENANT. The TENANT admits that he/she has inspected the unit and found it to be in good and tenantable condition, and agrees that at the end of the occupancy hereunder to deliver up and surrender said premises to the LANDLORD in as good condition as when received, reasonable wear and tear excepted. Is this an illegal clause in a Montana rental agreement?
The clause you've mentioned isn't inherently illegal in Montana. However, it doesn't absolve landlords of their obligations under Montana law, such as maintaining the property in a habitable condition. This includes providing heat, running water, and other essential services.
What does isn't inherently illegal mean?
"Isn't inherently illegal" means that on its own, without any other factors or contexts considered, the act or clause is not against the law. However, it could become illegal if it results in a violation of any existing law.
What Montana laws allow a Landlord to not be required to repaint, plaster, or otherwise perform any other work, labor, or service which it has already performed for the Tenant, when signing the lease agreement for the first time?
In Montana, the Residential Landlord and Tenant Act, specifically MCA *-*-*, sets the landlord's obligations. It doesn't explicitly require landlords to repaint or do similar work once performed unless it's necessary to keep the premises habitable. It largely depends on the specific lease agreement and circumstances.
In the HUD Model lease agreement the Landlord will not be required to repaint, replaster, or otherwise perform any other work, labor, or service which it has already performed for the Tenant, when it is a new tenant who has only inspected the apartment for the first time, is that an illegal statement?
The statement you mentioned is not inherently illegal under Montana's Residential Landlord and Tenant Act (MCA *-*-*). The Act doesn't explicitly require landlords to repaint or do similar work once performed unless it's needed for habitability. The specifics of the lease agreement and situation play a role.
In Montana is the Property Manager considered the Landlord of a project-based section * building
In Montana, a property manager acts on behalf of the landlord and can perform landlord duties, such as rent collection and maintenance. However, the property owner is typically considered the landlord unless they've legally transferred their rights to the property manager.
How does an owner transfer his rights to a property manager?
In Montana, an owner can transfer certain rights to a property manager through a property management agreement. Ensure it includes:
- The manager's responsibilities and duties
- Financial arrangements
- Any specific rights the owner is transferring
- Duration of the agreement
It's recommended to have an attorney review the contract.
Who holds the funds required to make major repairs on a project-based Section * property?
In Montana, the property owner usually holds the funds for major repairs on a Section * property. However, this may vary depending on the property management agreement. For specific details, refer to the contract or consult a local attorney.
What responsibility does the Montana Department of Commerce Housing division have when mold is discovered in a project-based section * building?
In Montana, the Department of Commerce Housing Division oversees housing programs, but it doesn't directly handle mold issues. If mold is found in a Section * building:
- The landlord/property manager is primarily responsible for mold removal.
- Tenants can report it to local health departments.
- HUD, which funds Section *, can be contacted for severe cases.
Why doesn't Montana toole county health department get involved when mold is discovered in a multifamily rental building
In Montana, local health departments, like Toole County's, might not get directly involved with mold issues because mold is not classified as a "reportable condition" under state law. However, they can provide guidance and resources on how to handle mold. For enforcement, tenants may need to pursue legal action if landlords don't address the issue.
How can you go about getting the Montana Mold disclosure law changed?
Changing a law in Montana involves several steps:
- Draft a proposed change to the law.
- Find a state legislator to sponsor your proposal.
- The proposal will be considered by committees and voted on.
- If passed, it goes to the governor to be signed into law.
- Public support and lobbying can help influence this process.
Is there a free evidence organizer software?
Yes, there are free evidence organizer software options available. One popular option is CaseFleet, which offers a free trial. It allows you to manage facts, evidence, and witnesses in one place. However, ensure any software meets your specific needs and maintains the confidentiality of your information.
How can I organize my documentation for a landlord tenant case? I am on a fixed income and can not even afford the trial versions as I don't think they are long enough to get my evidence organized.
Organizing your evidence can be done manually as well:
*. Chronologically: Arrange documents in order of occurrence.
*. By Relevance: Group related documents together.
*. Highlight Key Information: Mark important details for easy reference.
*. Summaries: Write a brief summary for each document.
*. Copies: Make duplicates to prevent loss of original documents.
Remember to keep all communication records with your landlord.