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·Title 70 PROPERTY·Ch. 24 RESIDENTIAL LANDLORD AND TENANT ACT OF 1977·Part 4 Remedies

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.

Montana § 70-24-405 (Failure Of Landlord To Deliver Possession -- Tenant's Remedies) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.