70-33-401. Administration of remedies -- enforcement -- agreement. (1) The remedies provided by this chapter must be administered so that an aggrieved party may recover appropriate damages. The aggrieved party has a duty to mitigate damages. The aggrieved party may include a reasonable charge for the party's labor.
(2) A right or obligation declared by this chapter is enforceable by action unless the provision declaring it specifies a different and limited effect. Nothing in this chapter prohibits the assignment of a right or the claim of a right by either landlord or tenant. The landlord's or tenant's defenses and obligations may not be affected by an assignment.
(3) Rules and regulations that are not a part of this chapter and that affect the relationship between the landlord and tenant must be uniformly and fairly applied and enforced.
(4) A claim or right arising under this chapter or on a rental agreement, if disputed in good faith, may be settled by agreement.
History: En. Sec. 29, Ch. 267, L. 2007; amd. Sec. 15, Ch. 536, L. 2021.
Structure Montana Code Annotated
Chapter 33. Montana Residential Mobile Home Lot Rental Act
70-33-401. Administration of remedies -- enforcement -- agreement
70-33-402. Prohibited provisions -- damages
70-33-403. Unconscionability -- court discretion
70-33-404. Landlord's failure to deliver premises -- tenant's remedies
70-33-405. Landlord's failure to maintain premises -- tenant's remedies
70-33-406. Landlord's failure to provide essential services -- tenant's remedies
70-33-407. Fire or casualty damage -- rights and obligations of tenant
70-33-408. Unlawful or unreasonable entry by landlord -- tenant's remedies
70-33-409. Unlawful ouster, exclusion, or diminution of services -- tenant's remedies
70-33-410. Action for nonpayment of rent -- tenant's counterclaim
70-33-411. through 70-33-421 reserved
70-33-423. Waiver of landlord's right to termination
70-33-424. Refusal of access -- landlord's remedies
70-33-425. Tenant's failure to maintain lot -- landlord's right to enter and repair
70-33-426. Remedies for absence or abandonment
70-33-427. Landlord's remedies after termination -- action for possession
70-33-428. Landlord's recovery of possession limited
70-33-429. Holdover remedies -- consent to continued occupancy
70-33-430. Disposition of abandoned personal property
70-33-431. Retaliatory conduct by landlord prohibited
70-33-432. Disposition of abandoned mobile home