Montana § 70-33-404 Landlord's Failure To Deliver Premises -- Tenant's Remedies

Montana Statutes

§ 70-33-404 — Landlord's Failure To Deliver Premises -- Tenant's Remedies

Montana·Title 70 PROPERTY·Ch. 33 MONTANA RESIDENTIAL MOBILE HOME LOT RENTAL ACT·Part 4 Remedies

70-33-404 . Landlord's failure to deliver premises -- tenant's remedies.

(1)If the landlord fails to deliver possession of the lot to the tenant as provided in 70-33-302 , 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 lot 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 of

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70-33-404 . Landlord's failure to deliver premises -- tenant's remedies. (1) If the landlord fails to deliver possession of the lot to the tenant as provided in 70-33-302 , 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 lot 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 of not more than 3 months' rent or treble damages, whichever is greater.

Montana § 70-33-404 (Landlord's Failure To Deliver Premises -- Tenant's Remedies) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.