US Legal Forms
Legal Resources
Questions & Answers
Landlord Tenant
In Montana, does the landlord have an obligation to provide the tenant hot water and heat?

In Montana, does the landlord have an obligation to provide the tenant hot water and heat?

Full question:

I am living in a rented apartment in Montana. Since two weeks, we have not been getting hot water. I have asked my landlord to provide us with hot water and heat as it’s getting colder, but he says that he is not responsible for providing us with hot water and heat. Is my landlord correct?

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

Answer:

In Montana, per 70-24-303, MCA a landlord has an obligation to provide heat and hot water between October 1 and May 1. 70-24-303 MCA (1) (g) states that a landlord:

“shall supply running water and reasonable amounts of hot water at all times and reasonable heat between October 1 and May 1, except if the building that includes the dwelling unit is not required by law to be equipped for that purpose or the dwelling unit is so constructed that heat or hot water is generated by an installation within the exclusive control of the tenant”

Under 70-24-303, MCA, it is the landlord’s duty to provide for “hot water at all times and reasonable heat between October 1 and May 1.”

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

How long do landlords have to provide heat?

In Montana, landlords must provide reasonable heat from October 1 to May 1. This means that during these months, landlords are legally obligated to ensure that heating is available in rental units. If a landlord fails to provide heat during this period, they may be in violation of state law (Mont. Code Ann. § 70-24-303). *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.*

Is it illegal to not have heat in New York?

In New York, it is illegal for landlords to fail to provide heat during the heating season, which runs from October 1 to May 31. Landlords must maintain a minimum temperature in apartments, typically at least 68 degrees Fahrenheit during the day and 55 degrees at night. Failure to provide heat can lead to legal actions against the landlord. *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.*

Can you withhold rent in Montana?

In Montana, tenants may have the right to withhold rent if the landlord fails to provide essential services, such as heat or hot water, as required by law. However, tenants must follow specific procedures, including notifying the landlord of the issue and giving them a reasonable time to fix it before withholding rent. It's advisable to consult legal counsel before taking this step to ensure compliance with the law. *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.*

How long does it take hot water to come back in an apartment building?

The time it takes for hot water to return in an apartment building can vary based on several factors, including the size of the building, the type of water heating system, and the distance from the water heater to the faucet. Generally, it can take anywhere from a few minutes to 30 minutes for hot water to reach your tap. If hot water is not restored promptly, it may indicate a problem that should be reported to the landlord. *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.*

Can I sue my landlord for not having heat?

Yes, you can sue your landlord for not providing heat if it violates the lease agreement or state law. In Montana, landlords are required to provide reasonable heat during the heating season. If they fail to do so, tenants may have grounds for a lawsuit to seek damages or compel the landlord to fulfill their obligations. It's recommended to document all communications and issues before proceeding with legal action. *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.*

Why am I not getting hot water in my apartment?

There could be several reasons for not getting hot water in your apartment, including a malfunctioning water heater, issues with plumbing, or a lack of maintenance by the landlord. It's important to report the issue to your landlord immediately, as they are responsible for providing hot water as per Montana law. If the problem persists, you may need to consider further action to ensure your rights are protected. *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.*