Montana Statutes
§ 70-26-203 — Failure Of Lessor To Repair -- Lessee's Remedies
70-26-203 . Failure of lessor to repair -- lessee's remedies.
(1)If within a reasonable time after notice to the lessor of dilapidations that the lessor ought to repair, the lessor neglects to do so and if the cost of the repairs does not require an expenditure greater than 1 month's rent of the premises, the lessee may perform the repairs and deduct the expenses of the repairs from the rent or the lessee may vacate the premises, in which case the lessee is discharged from further payment of rent or performance of other conditions.
(2)Subsection (1) does not apply to real property leased under an arrangement governed by Title 70, chapter 24.
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Legislative History
En. Sec. 2621, Civ. C. 1895; re-en. Sec. 5227, Rev. C. 1907; re-en. Sec. 7742, R.C.M. 1921; Cal. Civ. C. Sec. 1942; Based on Field Civ. C. Sec. 991; re-en. Sec. 7742, R.C.M. 1935; R.C.M. 1947, 42-202; amd. Sec. 16, Ch. 115, L. 1979; amd. Sec. 2188, Ch. 56, L. 2009.
Nearby Sections
15
§ 70-26-101
Letting Of Parts Of Rooms Prohibited§ 70-26-103
Attornment Of Tenant To Stranger Void§ 70-26-107
Remedy For Rent On Lease For Life§ 70-26-108
Rent Dependent On Life -- Recovery§ 70-26-109
Change Of Lease Terms By Notice§ 70-26-110
Lease Of City Lot For Over 75 Years Void§ 70-26-201
Term Of Lease When None Specified§ 70-26-202
Rent -- When Payable§ 70-26-205
Notice Required To Terminate Lease