Landlord and tenant rights and responsibilities*

Most of us have or will rent a residence at some point in our lives. It can be overwhelming dealing with finances, paperwork, documents, understanding your rights and what’s expected as a tenant. It’s just as important to know about your landlord’s responsibilities in maintaining your rental, handling documents, policies and communicating with their tenants.

As a licensed property manager, I frequently get calls from tenants other than my own asking about their rights. They are concerned about living conditions, confused about security deposit withholding or frustrated that their rights have been infringed upon. Our limited rental market leaves few options for renting and tenants may be fearful of asking for repairs or standing up for their rights because they are concerned about landlord retaliation or even eviction. My hope is that clarifying the responsibilities and rights tenants have under Montana and federal law, tenants will gain confidence in dealing with their landlords and peace of mind.

LANDLORD RESPONSIBILITIES

The Montana Residential Landlord Tenant Act outlines the responsibilities of Montana landlords and tenants. Under Montana law, landlords have the responsibility to:

• Maintain the dwelling in a safe and healthy condition,

• Ensure that all electrical, plumbing, heating, air-conditioning and appliances supplied by the landlord are in good working order,

• Make repairs as necessary to keep the premises fit and habitable,

• Inform the tenant of the name and address of the landlord or property manager, and

• Provide smoke detectors in every sleeping area.

TENANT RIGHTS

There are certain basic rights that tenants are entitled to under Montana law. Those include the right to:

• Know the name and address of the individual or company who is managing your rental property,

• Possess the rental,

• Live in a space that is fit and habitable (it must be safe and healthy and meet housing and building codes),

• Services that are essential to daily living (such as heat, running water, hot water, electric and gas),

• Be free of unlawful or unreasonable entry by the landlord,

•  Live without fear of retaliation by the landlord for asserting your rights.

TENANT RESPONSIBILITIES

Just like landlords, tenants have legal responsibilities under the law. Some of those basic responsibilities require that a tenant:

• Pay rent and any utilities, and follow any rules outlined in their lease agreement,

• Maintain smoke detectors and replace batteries as needed,

• Keep the home/unit clean and safe,

• Use plumbing, heating and electrical systems in the manner intended,

• Comply with any city, county or state requirements or regulations,

• Allow the landlord to enter the rental in case of an emergency or with appropriate notice,

• Provide landlord with keys (if tenant changes locks, they must provide the landlord keys),

• Move out of the rental at the end of the rental term,

• Report problems or repairs to the landlord in a timely fashion to prevent damage to the rental unit, and

• Dispose of all garbage properly.

Tenants may be given additional rules or guidelines by their landlord as part of their lease agreement. These rules and guidelines may not include language that violates local, state or federal law or restrict or limit a tenant’s rights (such as a landlord refusing to allow a tenant to have a service animal). It’s important to note that a landlord cannot add rules during the middle of a lease term. Any rules or guidelines a landlord chooses to impose must be included in the original lease so a tenant is aware of them at the time they enter the lease agreement.

SECURITY

Most landlords will require a security deposit at the beginning of the lease term. A deposit is typically equal to at least one-month’s rent but there is no legal limit. It is only to be used to cover damages at the end of the lease term, including physical damage to the property, cleaning, unpaid utilities, administrative fees and unpaid rent. A security deposit should be held in a trust account and cannot be used by the landlord.

LEASE CHANGES

A lease remains in effect for the entirety of the lease period. A landlord cannot change any of the lease terms in the middle of the lease. For example, if a landlord and tenant sign a one-year lease in January that states rent is $700 per month, a landlord cannot decide in May that he or she should have asked for more and demand that the tenant instead pay $800. The landlord would have to wait to make any changes until January of the following year (with the appropriate 30-day notice).

Likewise, if a tenant is residing in a property that ends up selling during the lease term, the tenant has the right to occupy the property under the existing lease terms, until the end of their lease. The new owner cannot force them out or change any of the lease terms. Simply put – leases convey with property.

END OF THE LEASE TERM

In order to terminate a lease at the end of the lease period, either the landlord or the tenant must give 30-day’s notice that they wish to end the lease agreement. Otherwise, the lease will continue under the same terms on a month-to-month basis. The notice must be in writing and have a definite termination date.

RETURN OF SECURITY

After move-out, a landlord must return any unused security deposit to the tenant within 10 days if there are no deductions or 30 days if there are deductions.

If the landlord withholds from the security deposit, they are required to provide a list of the deductions. If the landlord does not abide by these timeframes, they forfeit their right to withhold from the security deposit and the entire deposit must be returned. It’s important that tenants provide a forwarding address for their security deposit refund and any notices the landlord may need to send in conjunction with the end of the lease term.

HELPFUL RESOURCES

Lease agreements and landlord tenant laws can be difficult to navigate. There are multiple resources online to help provide tenants with the information they need to make informed decisions and ensure their personal rights are being upheld.

If you would like to learn more about your rights as a tenant, please visit one of the following sites:

• Montana Department of Justice: https://dojmt.gov/consumer/tenants-and-landlords/

• US Department of Housing and Urban Development: https://www.hud.gov/groups/tenants

• Montana Legal Services Association: https://www.mtlsa.org/our-work/housing-rights/

• For concerns regarding discrimination against those with disabilities: http://www.montanafairhousing.org/

*Note: This article is in reference to long-term rentals of 30 days or more. Different rules apply to guests staying in accommodations for 30 days or less.