Full question:
By state law of Montana, if there is a change in contract of any sort on your lease of an apartment and the tenant is not notified, does that void the previous contract and does the tenant have a right to get out of the contract with no early termination fees because they were not notified about any changes? The lease agreement states that any changes in the agreement the tenant would be notified within 30 days of written notice. Could you provide me with any documentation about my question that would prove this to be true?
- Category: Landlord Tenant
- Subcategory: Lease Violation
- Date:
- State: Montana
Answer:
Your situation involves contract law. It's essential to review your lease carefully to understand your landlord's obligations regarding changes to the lease. Montana law does not specifically address the requirement for landlords to notify tenants of changes. However, if a landlord breaches the lease terms, the tenant generally cannot terminate the lease unless the breach is significant enough to be considered a material breach. A material breach is a failure to perform under the contract that is substantial enough to justify legal action.
Minor deviations from the contract do not constitute a material breach. Contracts are legally enforceable agreements that define the rights and responsibilities of both parties. If a contract is breached, the injured party may seek various remedies, including monetary damages, restitution, rescission, reformation, or specific performance.
In Montana, if a landlord fails to comply with the rental agreement and the cost of compliance is less than one month's rent, the tenant may recover damages (Mont. Code Ann. § 70-24-407). If there is a breach affecting health and safety, tenants can provide written notice to the landlord, and if the issue is not resolved, they may terminate the rental agreement (Mont. Code Ann. § 70-24-406).
For specific legal advice regarding your situation, consider consulting a qualified attorney.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.