Montana § 70-24-405 Failure Of Landlord To Deliver Possession -- Tenant's Remedies

Montana Statutes

§ 70-24-405 — Failure Of Landlord To Deliver Possession -- Tenant's Remedies

Montana § 70-24-405

Title 70PROPERTY

Ch. 24RESIDENTIAL LANDLORD AND TENANT ACT OF 1977

Part 4Remedies

This text of Montana § 70-24-405 (Failure Of Landlord To Deliver Possession -- Tenant's Remedies) is published on Counsel Stack Legal Research, covering Montana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mont. Code Ann. § 70-24-405 (2026).

Text

70-24-405 . Failure of landlord to deliver possession -- tenant's remedies.

(1)If the landlord fails to deliver possession of the dwelling unit to the tenant as provided in 70-24-302 , rent abates until possession is delivered and the tenant may:

(a)terminate the rental agreement upon at least 5 days' written notice to the landlord, and upon termination, the landlord shall return all prepaid rent and security; or

(b)demand performance of the rental agreement by the landlord and, if the tenant elects, maintain an action for possession of the dwelling unit against the landlord or a person wrongfully in possession and recover the actual damages sustained by the tenant.

(2)If a person's failure to deliver possession is purposeful and not in good faith, an aggrieved party may recover from t

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70-24-405 . Failure of landlord to deliver possession -- tenant's remedies. (1) If the landlord fails to deliver possession of the dwelling unit to the tenant as provided in 70-24-302 , rent abates until possession is delivered and the tenant may:
(a) terminate the rental agreement upon at least 5 days' written notice to the landlord, and upon termination, the landlord shall return all prepaid rent and security; or
(b) demand performance of the rental agreement by the landlord and, if the tenant elects, maintain an action for possession of the dwelling unit against the landlord or a person wrongfully in possession and recover the actual damages sustained by the tenant.
(2) If a person's failure to deliver possession is purposeful and not in good faith, an aggrieved party may recover from that person an amount not more than 3 months' periodic rent or treble damages, whichever is greater.