Full question:
I entered into a rent agreement few months back and paid three months’ rent in advance per the rent agreement. Now my landlord refuses to deliver possession of the rental property. I wish to terminate the agreement. Under the law prevailing in Montana, how many days’ notice does a tenant need to provide before terminating the agreement?
- Category: Landlord Tenant
- Subcategory: Lease Termination
- Date:
- State: Montana
Answer:
70-24-405, MCA states the remedies available to a tenant if the landlord fails to deliver the possession of the rental property.70-24-405, MCA reads:“(1) If the landlord fails to deliver possession of the dwelling unit to the tenant as provided in 70-24-302, rent abates until possession is delivered and the tenant may:
(a) terminate the rental agreement upon at least 5 days' written notice to the landlord, and upon termination, the landlord shall return all prepaid rent and security; or
(b) demand performance of the rental agreement by the landlord and, if the tenant elects, maintain an action for possession of the dwelling unit against the landlord or a person wrongfully in possession and recover the actual damages sustained by the tenant.
(2) If a person's failure to deliver possession is purposeful and not in good faith, an aggrieved party may recover from that person an amount not more than 3 months' periodic rent or treble damages, whichever is greater.”
If the landlord has failed to deliver possession of the rental property the tenant may terminate the rental agreement after giving “at least 5 days' written notice to the landlord” and“upon termination, the landlord shall return all prepaid rent.”
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.
