Montana Code Annotated

Mont. Code Ann. § 70-24-101 (2026)

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TITLE 70. PROPERTY

CHAPTER 24. RESIDENTIAL LANDLORD AND TENANT ACT OF 1977

Part 1. General Provisions

Short Title

70-24-101. Short title. This chapter may be cited as "The Montana Residential Landlord and Tenant Act of 1977".

History: En. 42-401 by Sec. 1, Ch. 313, L. 1977; R.C.M. 1947, 42-401.

Notes of Decisions
Cited in 10 cases (1 in the last 5 years), 1981–2024 · leading case: Kunst v. Pass, 1998 MT 71, 957 P.2d 1.
Kunst v. Pass, 1998 MT 71, 957 P.2d 1. · cites it 4× “In rendering the directed verdict, Judge Moran did not conclude that “liability was limited to the general theory of negligence.”
Crawford v. Yotty, 828 N.W.2d 295 (Iowa 2013). “§§ 89-8-1 to -27; Mont.Code Ann. §§ 70-24-101 to -442; Neb.”
Corrigan v. Janney, 626 P.2d 838 (Mont. 1981). “This Act adopts the doctrine of implied warranty of habitability which allows recovery of damages in cases involving injury to tenants from dangerous latent defects in residential rental property.”
Worledge v. Riverstone Residential Grp., LLC, 2015 MT 142, 350 P.3d 39. “Tenants’ First Amended Complaint alleged that rental agreements at all four apartment complexes were almost identical and contained provisions that violated the Montana Residential Landlord and Tenant Act (Landlord-Tenant Act), §§ 70-24-101 through 442, MCA, and the Montana…”
Hayes v. Hartelius, 697 P.2d 1349 (Mont. 1985). “e presented: (1) Whether the plaintiffs entered into a contract with defendant for sale of defendant’s house? (2) Whether the statute of frauds prevents that contract, if it exists, from being enforced? (3) Whether an unsatisfied condition precedent prevented a lease agreement…”
Rookhuizen v. Blain's Mobile Home Court, Inc., 767 P.2d 1331 (Mont. 1989). “The appellant claimed the mobile home court violated the Mon *11 tana Residential Landlord and Tenant Act of 1977, §§ 70-24-101 through —442, MCA, (the Act) by failing to “keep all common areas of the premises in a clean and safe condition.”
Mathes v. Adams, 838 P.2d 390 (Mont. 1992). · cites it 2× “The purpose of the Act is to: “(a) simplify, clarify, modernize, and revise the law governing the rental of dwelling units and the rights and obligations of landlords and tenants; and (b) encourage landlords and tenants to maintain and improve the quality of housing.”
Kunst v. Pass, 1998 MT 71, 957 P.2d 1. · cites it 4× “In rendering the directed verdict, Judge Moran did not conclude that "liability was limited to the general theory of negligence.”
Weik v. Asby, No. 9:24-cv-00106 (D. Mont. Oct. 30, 2024). · cites it 2× “, and the Montana Residential Landlord Tenant Act, Mont. Code Ann. § 70-24-101 et seq. (Count 2); wrongful discharge under Montana’s Wrongful Discharge from Employment Act (“WDEA”), Mont.”
Thueson v. Swinger, 2006 MT 250N. “Additionally, these findings support the District Court’s conclusions that Landlords: 1) breached their duty to provide rental premises to Tenants for the entire month of November 2003; 2) breached their duty to provide fit and habitable housing, as required by the Montana…”
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