Montana Rent Abatement Clause Providing for a Landlord Remedy and Damages

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Multi-State
Control #:
US-OL4021
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Description

This office lease clause states that the tenant shall be entitled to a conditional rent credit against each monthly installment of fixed rent payable during such rent credit period, but during such rent credit period the tenant shall otherwise be required to comply with all of the other terms, covenants and conditions of this lease on the tenant's part to be observed and performed, including but not limited to, payment of any increases in fixed as long as the tenant is not in default.

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FAQ

Montana law (§ 70-24-406, MCA) gives you remedies if the repairs affect health and safety. If the repairs don't affect health and safety, like a closet door that won't close properly, you can still ask the landlord to repair them. But, you won't have any remedy in court if the landlord refuses to repair them.

A situation in which you do not have to pay rent or you pay a reduced rent: Before suing for rent abatement, the tenant should try to get the landlord to make the repairs.

70-24-441. Termination by landlord or tenant. (1) The landlord or the tenant may terminate a week-to-week tenancy by a written notice given to the other at least 7 days before the termination date specified in the notice.

Month-to-month: If you have a month-to-month rental agreement, either you or your landlord can end the rental agreement for no reason. You or the landlord must give the other party 30 days advance written notice. If you want to avoid an eviction lawsuit, you need to move out before the 30 days are up.

Except in case of emergency or unless it is impracticable to do so, the landlord shall give the tenant at least 24 hours' notice of the intent to enter and may enter only at reasonable times.

Early termination by landlord If the landlord wishes to terminate the lease early, they have to give a notice period of month to month, 30 days; week to week, 7 days.

Montana tenant rights & responsibilities Living in a habitable rental that meets local health and safety codes. Having repairs made in 14 days after giving the landlord written notice of the issue. Taking legal action like suing the landlord for failure to make repairs or not complying with security deposit regulations.

§ 70-24-422(1) (2021).) Three-Day Notice to Pay Rent: A Montana landlord cannot evict a tenant for failure to pay rent unless the landlord has first given the tenant a three-day notice to pay rent.

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Montana Rent Abatement Clause Providing for a Landlord Remedy and Damages