Tenant Law in Montana

Relationships between landlords and tenants in Missoula, Montana can get contentious. It's difficult to be a tenant or a landlord. If one or both parties are not aware of their legal rights and responsibilities, conflicts can arise.

Landlords and tenants have various rights and responsibilities. What follows is a partial list of the rights that landlords and tenants have, and the corresponding duties of the other party.

Landlord's Rights in Missoula, MT

Most obviously, landlords have a right to collect rent from their tenants. When a tenant agrees to pay a landlord a specific amount of money for the right to occupy the landlord's property, a contract is formed. Tenants have to hold up their end of the deal.

Moreover, landlords can bill the tenant for any damage they cause to the unit, whether it was intentional or negligent. The costs of repairs for such damage can be deducted from a tenant's security deposit, but it should be noted that tenants aren't responsible for usual wear and tear, over which they have little control.

Tenant's Rights in Missoula, MT

Most basically, tenants have a right to get what they're paying for: a dwelling fit for human habitation. To this end, landlords have to ensure that the units they rent meet Missoula, Montana's minimum standards for habitability. These requirements are typicallyy not difficult to meet. They include basic amenities such as running water, electricity, a working phone line, heating, and protection from the elements.

Moreover, tenants are entitled to common areas which are reasonably safe and clean, and free of physical obstacles. Areas such as lobbies, hallways, stairwells, and fire escapes must comply with the building codes of Missoula, Montana. Moreover, any other unreasonable safety hazard, even if it doesn't violate a specific provision of a building code, can create liability for the landlord if it injures a tenant.

Tenants also have rights, under federal and Montana law, to not be victims of racial, ethnic, or gender discrimination in housing, whether they are renting or buying. Moreover, landlords are not allowed to discriminate against tenants based on physical disabilities. They must also allow physically-disabled tenants to make reasonable modifications to the apartment to make it more accessible. However, the landlord can require tenants to remove those modifications and restore the property to its original condition once the tenant moves out.

And finally, most state laws prevent landlords from arbitrarily evicting tenants. If the lease agreement is for a set period of time, the landlord usually can't evict the tenant until the lease expires, without a good reason. Valid causes for eviction include unpaid rent, illegal activities on the property, damage to the building caused by the tenant, and excessive noise.

Can a Missoula, Montana Landlord/Tenant Lawyer Help?

Tenants and landlords always want to avoid getting into any serious disputes - these disputes interfere with the tenant's living arrangement, and the landlord's business. In short, they help nobody. While a good Missoula, Montana attorney can certainly help his or her client prevail in such a dispute, they may be more valuable for their ability to help prevent such disputes from escalating in the first place.