70-33-406. 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.
History: En. Sec. 34, Ch. 267, L. 2007.
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