Mont. Code Ann. » TITLE 70. PROPERTY · CHAPTER 24. RESIDENTIAL LANDLORD AND TENANT ACT OF 1977 · Part 3. Rights and Duties of the Parties
Montana Code Annotated

Mont. Code Ann. § 70-24-302 (2026)

Landlord To Deliver Possession Of Dwelling Unit

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  1. MCA Contents
  2. TITLE 70
  3. CHAPTER 24
  4. Part 3
  5. 70-24-302 Landlord to deliver possession of dwelling unit

TITLE 70. PROPERTY

CHAPTER 24. RESIDENTIAL LANDLORD AND TENANT ACT OF 1977

Part 3. Rights and Duties of the Parties

Landlord To Deliver Possession Of Dwelling Unit

70-24-302. Landlord to deliver possession of dwelling unit. (1) At the commencement of the term, a landlord shall deliver possession of the premises to the tenant in compliance with the rental agreement and 70-24-303. A landlord may bring an action for possession against a person wrongfully in possession.

(2) If a landlord accepts rent or a deposit from a person intending to occupy the premises, the landlord is considered to have given consent for the person to take possession of the property and to have created a landlord-tenant relationship.

History: En. 42-419 by Sec. 19, Ch. 313, L. 1977; R.C.M. 1947, 42-419; amd. Sec. 3, Ch. 222, L. 1993.

Notes of Decisions
Cited in 1 case, 2006–2006 · leading case: McInenly v. Swinger, 2006 MT 204N.
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McInenly v. Swinger, 2006 MT 204N. · cites it 2× “Accordingly, the court ruled that the Swingers wrongfully breached their duty to deliver possession of the rental unit, see § 70-24-302, MCA; breached their duty to provide fit and habitable housing required by the Montana Residential Landlord/Tenant Act, see § 70-24-303, MCA;…”
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