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. § 70-24-303 (2026)

Landlord To Maintain Premises -- Agreement That Tenant Perform Duties -- Limitation Of Landlord's Liability For Failure Of Smoke Detector Or Carbon Monoxide Detector

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 70
  3. CHAPTER 24
  4. Part 3
  5. 70-24-303 Landlord to maintain premises -- agreement that tenant perform duties -- limitation of landlord's liability for failure of smoke detector or carbon monoxide detector

TITLE 70. PROPERTY

CHAPTER 24. RESIDENTIAL LANDLORD AND TENANT ACT OF 1977

Part 3. Rights and Duties of the Parties

Landlord To Maintain Premises -- Agreement That Tenant Perform Duties -- Limitation Of Landlord's Liability For Failure Of Smoke Detector Or Carbon Monoxide Detector

70-24-303. (Temporary) Landlord to maintain premises -- agreement that tenant perform duties -- limitation of landlord's liability for failure of smoke detector or carbon monoxide detector. (1) Subject to 27-1-1603, a landlord:

(a) shall comply with the requirements of applicable building and housing codes materially affecting health and safety in effect at the time of original construction in all dwelling units where construction is completed after July 1, 1977;

(b) shall make repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition, except when it is the tenant's responsibility to maintain the dwelling unit pursuant to 70-24-321;

(c) shall keep all common areas of the premises in a clean and safe condition;

(d) shall maintain in good and safe working order and condition all electrical, plumbing, sanitary, heating, ventilating, air-conditioning, and other facilities and appliances, including elevators, supplied or required to be supplied by the landlord;

(e) shall, unless otherwise provided in a rental agreement, provide and maintain appropriate receptacles and conveniences for the removal of ashes, garbage, rubbish, and other waste incidental to the occupancy of the dwelling unit and arrange for their removal;

(f) shall supply running water and reasonable amounts of hot water at all times and reasonable heat between October 1 and May 1, except if the building that includes the dwelling unit is not required by law to be equipped for that purpose or the dwelling unit is so constructed that heat or hot water is generated by an installation within the exclusive control of the tenant; and

(g) shall install in each dwelling unit under the landlord's control an approved carbon monoxide detector, in accordance with rules adopted by the department of labor and industry, and an approved smoke detector, in accordance with rules adopted by the department of justice. Upon commencement of a rental agreement, the landlord shall verify that the carbon monoxide detector and the smoke detector in the dwelling unit are in good working order. The tenant shall maintain the carbon monoxide detector and the smoke detector in good working order during the tenant's rental period. For the purposes of this subsection (1)(g), an approved carbon monoxide detector, as defined in 70-20-113, and an approved smoke detector, as defined in 70-20-113, bear a label or other identification issued by an approved testing agency having a service for inspection of materials and workmanship at the factory during fabrication and assembly.

(2) If the duty imposed by subsection (1)(a) is greater than a duty imposed by subsections (1)(b) through (1)(g), a landlord's duty must be determined by reference to subsection (1)(a).

(3) A landlord and tenant may agree in writing that the tenant perform the landlord's duties specified in subsections (1)(e) and (1)(f) and specified repairs, maintenance tasks, alteration, and remodeling but only if the transaction is entered into in good faith and not for the purpose of evading the obligations of the landlord.

(4) A landlord and tenant may agree that the tenant is to perform specified repairs, maintenance tasks, alterations, or remodeling only if:

(a) the agreement of the parties is entered into in good faith and not for the purpose of evading the obligations of the landlord and is set forth in a separate writing signed by the parties and supported by adequate consideration;

(b) the work is not necessary to cure noncompliance with subsection (1)(a); and

(c) the agreement does not diminish the obligation of the landlord to other tenants in the premises.

(5) The landlord is not liable for damages caused as a result of the failure of the carbon monoxide detector or the smoke detector required under subsection (1)(g). (Terminates January 1, 2031--sec. 15, Ch. 2, L. 2021.)

70-24-303. (Effective January 2, 2031) Landlord to maintain premises -- agreement that tenant perform duties -- limitation of landlord's liability for failure of smoke detector or carbon monoxide detector. (1) A landlord:

(a) shall comply with the requirements of applicable building and housing codes materially affecting health and safety in effect at the time of original construction in all dwelling units where construction is completed after July 1, 1977;

(b) shall make repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition, except when it is the tenant's responsibility to maintain the dwelling unit pursuant to 70-24-321;

(c) shall keep all common areas of the premises in a clean and safe condition;

(d) shall maintain in good and safe working order and condition all electrical, plumbing, sanitary, heating, ventilating, air-conditioning, and other facilities and appliances, including elevators, supplied or required to be supplied by the landlord;

(e) shall, unless otherwise provided in a rental agreement, provide and maintain appropriate receptacles and conveniences for the removal of ashes, garbage, rubbish, and other waste incidental to the occupancy of the dwelling unit and arrange for their removal;

(f) shall supply running water and reasonable amounts of hot water at all times and reasonable heat between October 1 and May 1, except if the building that includes the dwelling unit is not required by law to be equipped for that purpose or the dwelling unit is so constructed that heat or hot water is generated by an installation within the exclusive control of the tenant; and

(g) shall install in each dwelling unit under the landlord's control an approved carbon monoxide detector, in accordance with rules adopted by the department of labor and industry, and an approved smoke detector, in accordance with rules adopted by the department of justice. Upon commencement of a rental agreement, the landlord shall verify that the carbon monoxide detector and the smoke detector in the dwelling unit are in good working order. The tenant shall maintain the carbon monoxide detector and the smoke detector in good working order during the tenant's rental period. For the purposes of this subsection (1)(g), an approved carbon monoxide detector, as defined in 70-20-113, and an approved smoke detector, as defined in 70-20-113, bear a label or other identification issued by an approved testing agency having a service for inspection of materials and workmanship at the factory during fabrication and assembly.

(2) If the duty imposed by subsection (1)(a) is greater than a duty imposed by subsections (1)(b) through (1)(g), a landlord's duty must be determined by reference to subsection (1)(a).

(3) A landlord and tenant may agree in writing that the tenant perform the landlord's duties specified in subsections (1)(e) and (1)(f) and specified repairs, maintenance tasks, alteration, and remodeling but only if the transaction is entered into in good faith and not for the purpose of evading the obligations of the landlord.

(4) A landlord and tenant may agree that the tenant is to perform specified repairs, maintenance tasks, alterations, or remodeling only if:

(a) the agreement of the parties is entered into in good faith and not for the purpose of evading the obligations of the landlord and is set forth in a separate writing signed by the parties and supported by adequate consideration;

(b) the work is not necessary to cure noncompliance with subsection (1)(a); and

(c) the agreement does not diminish the obligation of the landlord to other tenants in the premises.

(5) The landlord is not liable for damages caused as a result of the failure of the carbon monoxide detector or the smoke detector required under subsection (1)(g).

History: En. 42-420 by Sec. 20, Ch. 313, L. 1977; R.C.M. 1947, 42-420; amd. Sec. 1, Ch. 567, L. 1989; amd. Sec. 1, Ch. 706, L. 1991; amd. Sec. 2, Ch. 401, L. 1997; amd. Sec. 1, Ch. 408, L. 2003; amd. Sec. 2, Ch. 43, L. 2009; amd. Sec. 1, Ch. 343, L. 2013; amd. Sec. 10, Ch. 2, L. 2021; amd. Sec. 4, Ch. 536, L. 2021.

Notes of Decisions
Cited in 12 cases, 1980–2012 · leading case: Kunst v. Pass, 1998 MT 71 (Mont. 1998).
Sort: Relevance Newest Treatment
Kunst v. Pass, 1998 MT 71 (Mont. 1998). · cites it 25× “rt: (1) A landlord shall: (b) make repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition; (d) maintain in good and safe working order and condition all electrical, plumbing, sanitary, heating, ventilating, air-conditioning, and other…”
Calder v. Anderson, 911 P.2d 1157 (Mont. 1996). · cites it 50× “Calder also stated in her complaint that the Andersons negligently failed to maintain the sidewalk in a safe condition and violated § 70-24-303, MCA, in the following manner: At all times material herein defendants negligently failed to keep said common area, to wit: Said…”
Willden v. Neumann, 2008 MT 236 (Mont. 2008). · cites it 21× “The Act expressly extends its remedies to any person who is aggrieved when the landlord *411 breaches the duties embodied in Mont. Code Ann. § 70-24-303 (2003). ¶19 Willden, citing Calder , contends that the defendants have a legal duty as landlords to clear the ice and snow…”
Edie v. Gray, 2005 MT 224 (Mont. 2005). · cites it 13× “Furthermore, §70-24-303(1)(c), MCA, of the RLTA imposes the duty of repair upon the landlord.”
Busch v. Kammerer, 649 P.2d 1339 (Mont. 1982). · cites it 10× “She alleges he knew it was unlawful for him to enter into a rental agreement under which he would accept rent free from the obligation to provide a safe source of domestic water for the residence. He was not, she argues, entitled to accept any amount of rent payments under…”
Rennick v. Hoover, 606 P.2d 1079 (Mont. 1980). · cites it 6× “" Section 70-24-303, MCA. However, this appeal does not involve an injury to a tenant, and we need not reach the question of wheth- er this statutory duty alters prior Montana case law in relation to the duty owed to a tenant.”
Swenson v. Janke, 908 P.2d 678 (Mont. 1995). · cites it 2× “In the notice, they stated that because of the conditions, Swenson was in violation of § 70-24-303, MCA, which requires landlords to maintain their premises.”
Rookhuizen v. Blain's Mobile Home Court, Inc., 767 P.2d 1331 (Mont. 1989). · cites it 3× “” Section 70-24-303(c), MCA. However, the appellant provided no justification for finding that the Act requires mobile home court owners to provide fire protection services.”
Kunst v. Pass, 1998 MT 71 (Mont. 1998). · cites it 25× “(d) maintain in good and safe working order and condition all electrical, plumbing, sanitary, heating, ventilating, air-conditioning, and other facilities and appliances, including elevators, supplied or required to be supplied by the landlord; Section 70-24-303, MCA. ¶ 23 In…”
Est. of Braaten v. Steinbach, 2000 MT 263N (Mont. 2000). · cites it 10× “Whether the District Court erred by refusing to apply the legal duty of landlords established in the Montana Residential Landlord Tenant Act at § 70-24-303(1)(c), MCA. 2. Whether the District Court erred in denying a motion in limine by the appellant to exclude testimony made by…”
McInenly v. Swinger, 2006 MT 204N (Mont. 2006). · 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;…”
Joseph v. Wilmerding, 874 F. Supp. 2d 951 (D. Mont. 2012). · cites it 2× “MontCode Ann. § 70-24-303(l)(c). Even without the repairs (which were eventually made), the house was apparently habitable.”
— Mont. Code Ann. § 70-24-303(1)(c) — 3 cases
Calder v. Anderson, 911 P.2d 1157 (Mont. 1996). “Calder also stated in her complaint that the Andersons negligently failed to maintain the sidewalk in a safe condition and violated § 70-24-303, MCA, in the following manner: At all times material herein defendants negligently failed to keep said common area, to wit: Said…”
Edie v. Gray, 2005 MT 224 (Mont. 2005). “Furthermore, §70-24-303(1)(c), MCA, of the RLTA imposes the duty of repair upon the landlord.”
Est. of Braaten v. Steinbach, 2000 MT 263N (Mont. 2000). “Whether the District Court erred by refusing to apply the legal duty of landlords established in the Montana Residential Landlord Tenant Act at § 70-24-303(1)(c), MCA. 2. Whether the District Court erred in denying a motion in limine by the appellant to exclude testimony made by…”
— Mont. Code Ann. § 70-24-303(1)(d) — 3 cases
Willden v. Neumann, 2008 MT 236 (Mont. 2008). “The Act expressly extends its remedies to any person who is aggrieved when the landlord *411 breaches the duties embodied in Mont. Code Ann. § 70-24-303 (2003). ¶19 Willden, citing Calder , contends that the defendants have a legal duty as landlords to clear the ice and snow…”
Kunst v. Pass, 1998 MT 71 (Mont. 1998). “rt: (1) A landlord shall: (b) make repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition; (d) maintain in good and safe working order and condition all electrical, plumbing, sanitary, heating, ventilating, air-conditioning, and other…”
Kunst v. Pass, 1998 MT 71 (Mont. 1998). “(d) maintain in good and safe working order and condition all electrical, plumbing, sanitary, heating, ventilating, air-conditioning, and other facilities and appliances, including elevators, supplied or required to be supplied by the landlord; Section 70-24-303, MCA. ¶ 23 In…”
— Mont. Code Ann. § 70-24-303(4)(a) — 1 case
Edie v. Gray, 2005 MT 224 (Mont. 2005). “Furthermore, §70-24-303(1)(c), MCA, of the RLTA imposes the duty of repair upon the landlord.”
— Mont. Code Ann. § 70-24-303(b) — 2 cases
Kunst v. Pass, 1998 MT 71 (Mont. 1998). “rt: (1) A landlord shall: (b) make repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition; (d) maintain in good and safe working order and condition all electrical, plumbing, sanitary, heating, ventilating, air-conditioning, and other…”
Kunst v. Pass, 1998 MT 71 (Mont. 1998). “(d) maintain in good and safe working order and condition all electrical, plumbing, sanitary, heating, ventilating, air-conditioning, and other facilities and appliances, including elevators, supplied or required to be supplied by the landlord; Section 70-24-303, MCA. ¶ 23 In…”
— Mont. Code Ann. § 70-24-303(c) — 1 case
Rookhuizen v. Blain's Mobile Home Court, Inc., 767 P.2d 1331 (Mont. 1989). “” Section 70-24-303(c), MCA. However, the appellant provided no justification for finding that the Act requires mobile home court owners to provide fire protection services.”
— Mont. Code Ann. § 70-24-303(l)(c) — 3 cases
Edie v. Gray, 2005 MT 224 (Mont. 2005). “Furthermore, §70-24-303(1)(c), MCA, of the RLTA imposes the duty of repair upon the landlord.”
Calder v. Anderson, 911 P.2d 1157 (Mont. 1996). “Calder also stated in her complaint that the Andersons negligently failed to maintain the sidewalk in a safe condition and violated § 70-24-303, MCA, in the following manner: At all times material herein defendants negligently failed to keep said common area, to wit: Said…”
Joseph v. Wilmerding, 874 F. Supp. 2d 951 (D. Mont. 2012). “MontCode Ann. § 70-24-303(l)(c). Even without the repairs (which were eventually made), the house was apparently habitable.”
— Mont. Code Ann. § 70-24-303(l)(d) — 2 cases
Kunst v. Pass, 1998 MT 71 (Mont. 1998). “rt: (1) A landlord shall: (b) make repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition; (d) maintain in good and safe working order and condition all electrical, plumbing, sanitary, heating, ventilating, air-conditioning, and other…”
Willden v. Neumann, 2008 MT 236 (Mont. 2008). “The Act expressly extends its remedies to any person who is aggrieved when the landlord *411 breaches the duties embodied in Mont. Code Ann. § 70-24-303 (2003). ¶19 Willden, citing Calder , contends that the defendants have a legal duty as landlords to clear the ice and snow…”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.