Mont. Code Ann. » TITLE 70. PROPERTY · CHAPTER 24. RESIDENTIAL LANDLORD AND TENANT ACT OF 1977 · Part 4. Remedies
Montana Code Annotated

Mont. Code Ann. § 70-24-404 (2026)

Unconscionability -- Court Discretion To Refuse Enforcement

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 70
  3. CHAPTER 24
  4. Part 4
  5. 70-24-404 Unconscionability -- court discretion to refuse enforcement

TITLE 70. PROPERTY

CHAPTER 24. RESIDENTIAL LANDLORD AND TENANT ACT OF 1977

Part 4. Remedies

Unconscionability -- Court Discretion To Refuse Enforcement

70-24-404. Unconscionability -- court discretion to refuse enforcement. (1) Except as provided in subsection (2), if the court, as a matter of law, finds that:

(a) a rental agreement or any provision of the rental agreement is unconscionable, the court may refuse to enforce the agreement or enforce the remainder of the agreement without the unconscionable provision to avoid an unconscionable result; or

(b) a settlement in which a party waives or agrees to forego a claim or right under this chapter or under a rental agreement is unconscionable, the court may refuse to enforce the settlement, enforce the remainder of the settlement without the unconscionable provision, or limit the application of any unconscionable provision to avoid an unconscionable result.

(2) A finding pursuant to subsection (1) may not be made based on a responsibility outlined in a rental agreement that:

(a) a tenant maintain a dwelling unit in accordance with 70-24-321; or

(b) a landlord maintain the premises in accordance with 70-24-303.

(3) If unconscionability is put into issue by a party or by the court upon its own motion, the parties shall be afforded a reasonable opportunity to present evidence as to the setting, purpose, and effect of the rental agreement or settlement to aid the court in making the determination.

History: En. 42-411 by Sec. 11, Ch. 313, L. 1977; R.C.M. 1947, 42-411; amd. Sec. 1, Ch. 236, L. 2021.

Notes of Decisions
Cited in 2 cases, 2010–2013 · leading case: Summers v. Crestview Apts., 2010 MT 164, 236 P.3d 586.
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Summers v. Crestview Apts., 2010 MT 164, 236 P.3d 586. · cites it 34× “Opinion, ¶ 27 ("[I]rrespective of a factual determination by the District Court that Crestview acted reasonably to mitigate damages, as a matter of law an accelerated rent provision in a lease agreement conflicts with the landlord's duty to mitigate damages under § 70-24-401(1),…”
Minks v. Gerttula, 2013 MT 151N. · cites it 2× “The Petition alleged unconscionability in the rental agreement (§ 70-24-404, MCA) and other violations of the Montana Residential Landlord Tenant Act, actual fraud in inducing Minks to enter the contract (§ 28-2-405, MCA), and violation of the Montana Consumer Protection Act (§§…”
Mont. Code Ann. § 70-24-404(1)(a): 1 case
Summers v. Crestview Apts., 2010 MT 164, 236 P.3d 586. “Opinion, ¶ 27 ("[I]rrespective of a factual determination by the District Court that Crestview acted reasonably to mitigate damages, as a matter of law an accelerated rent provision in a lease agreement conflicts with the landlord's duty to mitigate damages under § 70-24-401(1),…”
Mont. Code Ann. § 70-24-404(l)(a): 1 case
Summers v. Crestview Apts., 2010 MT 164, 236 P.3d 586. “Opinion, ¶ 27 ("[I]rrespective of a factual determination by the District Court that Crestview acted reasonably to mitigate damages, as a matter of law an accelerated rent provision in a lease agreement conflicts with the landlord's duty to mitigate damages under § 70-24-401(1),…”
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