US Legal Forms
Legal Resources
Questions & Answers
Landlord Tenant
Does the tenant have an obligation to keep the premises of the rental property clean and maintained?

Does the tenant have an obligation to keep the premises of the rental property clean and maintained?

Full question:

I have rented my housed to a college student in Montana. The tenant is not keeping the premises clean and tidy. He has already damaged the air conditioning and other electrical appliances due to his careless usage. Is there a law in Montana which states that the tenant has an obligation to keep the premises of the rental property clean and maintained?

Category: Landlord Tenant
Subcategory: Duties of Tenant
Date: 04/07/2025
State: Montana

Answer:

In Montana, 70-24-321 (1) MCA, states the duties of a tenant. 70-24-321 provides that a tenant has an obligation to use all the electrical, including air conditions in a reasonable manner. The tenant is required to “keep that part of the premises that the tenant occupies and uses as reasonably clean . . . .”

70-24-321, (1), MCA reads:

(a) comply with all obligations primarily imposed upon tenants by applicable provisions of building and housing codes materially affecting health and safety;
(b) keep that part of the premises that the tenant occupies and uses as reasonably clean and safe as the condition of the premises permits;
(c) dispose from the dwelling unit all ashes, garbage, rubbish, and other waste in a clean and safe manner;
(d) keep all plumbing fixtures in the dwelling unit or used by the tenant as clean as their condition permits;
(e) use in a reasonable manner all electrical, plumbing, sanitary, heating, ventilating, air-conditioning, and other facilities and appliances, including elevators, in the premises;
(f) conduct oneself and require other persons on the premises with the tenant's consent to conduct themselves in a manner, that will not disturb the tenant's neighbors' peaceful enjoyment of the premises; and
(g) use the parts of the premises, including the living room, bedroom, kitchen, bathroom, and dining room, in a reasonable manner, considering the purposes for which they were designed and intended. This section does not preclude the right of the tenant to operate a limited business or cottage industry on the premises, subject to state and local laws, if the landlord has consented in writing. The landlord may not unreasonably withhold consent if the limited business or cottage industry is operated within reasonable rules of the landlord.
(2) A tenant may not destroy, deface, damage, impair, or remove any part of the premises or permit any person to do so.

In Montana, 70-24-321, MCA enumerates the duties of the tenant. Per 70-24-321 a tenant is required to keep the premises of the rental property that the “tenant occupies and uses as reasonably clean.

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.

FAQs

Do college students have tenant rights?

Yes, college students have tenant rights just like any other renters. In Montana, these rights include the right to a habitable living environment, privacy, and protection against discrimination. They are also entitled to the terms outlined in their lease agreement. It's important for student tenants to understand their rights to ensure they are treated fairly by landlords.

Is a landlord required by law to clean between tenants?

In Montana, landlords are generally expected to provide a clean and habitable rental property at the beginning of a lease. While there is no specific law mandating cleaning between tenants, it is considered good practice for landlords to ensure the property is clean and safe before new tenants move in. This helps meet the habitability standards required by law.

How long does a landlord have to fix something in Montana?

In Montana, landlords must address repair requests in a timely manner. If a repair affects the habitability of the property, such as a broken heating system or plumbing issues, the landlord is typically expected to make the repair within a reasonable time frame, often within 14 days. Tenants should notify landlords in writing about necessary repairs to ensure prompt action.

Can landlords discriminate against college students?

No, landlords cannot discriminate against college students based on their status as students. Under federal and state fair housing laws, discrimination based on age, education status, or other non-related factors is prohibited. Landlords must treat all applicants equally and cannot impose additional requirements solely because someone is a college student.

What rights do student tenants have in housing?

Student tenants have the same rights as any other renters, including the right to a safe and habitable living environment, privacy, and protection from discrimination. They also have the right to receive proper notice before a landlord enters the property and to have their security deposit returned in accordance with state laws. Understanding these rights can help students navigate their rental agreements effectively.

Can I withhold rent if my AC doesn't work?

In Montana, tenants may have the right to withhold rent if essential services, like air conditioning, are not functioning and the landlord fails to make timely repairs. However, tenants should first notify the landlord of the issue and allow a reasonable time for repairs. It's advisable to consult legal advice before withholding rent to ensure compliance with state laws.