Is It Ligal For A Landlord To Register The Ss Of All The Occupant

landlordtenant "Almost everyone rents housing at some bespeak in life. Both landlords and tenants can prevent misunderstandings, hassles and possible legal expenses past knowing their rights and responsibilities under the Montana Residential Landlord and Tenant Act and their rental understanding."

The Montana Attorney Full general's Role provides the post-obit general data to aid landlords and renters in the country. However, this office is prohibited from providing legal communication or representation to individuals, and does not handle complaints related to landlord-tenant disputes.

For complaints or questions regarding:

legal assistance, contact Montana Legal Services Association
legal information, contact MontanaLawHelp.org or Montana Public Interest Research Group (MontPirg)
federal law, encounter the Federal Fair Housing Act
suspected discrimination, go to Montana Off-white Housing

Moving In

Rental Agreements

A tenant's rights and responsibilities are determined by the rental agreement and the Montana Residential Landlord and Tenant Deed. This police force includes certain requirements that apply regardless of what is in the rental agreement.

There are 2 common types of rental arrangements: leases and month-to-month rental agreements.

Lease – A charter requires the tenant to stay for a specific menstruation of time (for case, one year). A lease must exist in writing. Neither the landlord nor the tenant can change the terms of the lease, including raising the rent, during the term of the lease unless they both agree to the change.
Month-to-Month – A month-to-calendar month rental agreement is open-ended, with rent ordinarily payable on a monthly footing. The agreement may be in writing or information technology may exist an oral agreement. Either the landlord or the tenant may modify the terms, raise rent, or stop the calendar month-to-month agreement at any time with proper notice.

Before signing whatsoever rental agreement, a renter should know:

What does information technology say? Read the entire agreement carefully and ask for an explanation of any office yous don't understand. If the landlord'due south explanation is different from the written agreement, ask him or her to add the verbal explanation in writing on the agreement.
Is information technology legal? Check to make sure the understanding doesn't contain any illegal provisions in violation of the Montana Residential Landlord and Tenant Act or the federal Fair Housing Act.
Is anything blank or missing?The agreement should accost how you and the landlord will handle situations like necessary repairs, unauthorized pets or guests and nonpayment of hire, and the cleaning you lot are expected to do when yous move out. If you are concerned nearly a situation that the understanding does not address, ask the landlord:
- how he or she would desire to handle it
- to write it into the understanding
- to fill up in or cantankerous out any blanks before you sign

[annotation]Even if a rental agreement is not signed or returned past the landlord or tenant, it is still considered to be in effect if the tenant pays hire or the landlord accepts payment of rent.[/note]

Illegal Provisions in Rental Agreements

Certain provisions that are not legal or enforceable under the constabulary may appear in your lease or rental agreement. Illegal provisions include any that:

waive any right given to tenants past the Montana Residential Landlord and Tenant Act
contain discriminatory terms prohibited by the federal Fair Housing Act (such as requiring higher rent for tenants with children)
waive tenants' correct to defend themselves in court against a landlord's accusations
limit the landlord's liability in situations where the landlord would normally be responsible
allow the landlord to enter the rental unit of measurement without proper notice
crave a tenant to pay for all damage to the unit, even if it is not caused by the tenant or his or her guests
states the tenant will pay the landlord's chaser's fees under any circumstances if a dispute goes to courtroom
allows the landlord to seize a tenant's property if the tenant falls behind in rent

Security Deposits

At the beginning of the rental understanding, a landlord may require a tenant to pay a deposit that is refundable when the tenant moves out, if the tenant causes no damage, completes all required cleaning, and owes no unpaid rent or utilities.

At the time the landlord and tenant enter the rental understanding, the landlord must provide the tenant with a written argument of the condition of the property, signed past the landlord. If the landlord does not provide such a statement, the landlord may not keep any part of the tenant's security deposit for damages when the tenant moves out, unless the landlord can clearly prove that the tenant caused the harm.

Rights and Responsibilities

Landlord Responsibilities

Nether the Montana Residential Landlord and Tenant Act, a landlord must:

maintain the habitation so every bit to comply with state and local building and housing codes related to a tenant's health and safety
maintain in practiced and safe working order all electric, plumbing, heating, ac, and other facilities and appliances supplied past the landlord, including whatever elevators
go on all common areas, such as lobbies, stairways and halls, in a reasonably clean and safety condition
make repairs and practise whatever is necessary to make the premises fit and habitable
inform the tenant of the name and address of the landlord or landlord's amanuensis
provide smoke detectors, and ensure they work properly when a new tenant moves in. (Tenants are responsible for maintaining the smoke detectors.)

Tenant Responsibilities

Under the Montana Residential Landlord and Tenant Act, a tenant is required to:

pay rent and whatever utilities agreed upon
comply with any requirements of urban center, county or state regulations
keep the rental unit make clean and sanitary
dispose of all garbage and waste properly
properly operate plumbing, electrical and heating systems
maintain smoke detectors, including replacing batteries

A tenant may non:

impairment or destroy any function of the property
disturb neighbors' peaceful enjoyment of their property
alter the locks without obtaining the landlord's permission and providing the landlord with a copy of the new key

Rental Repairs

Detect Required – When something in the rental unit needs to be repaired, the commencement step is for the tenant to give written notice of the problem to the landlord or person who collects the rent. The notice must include:

the address and apartment number of the rental
the name of the possessor, if known
a description of the trouble

It is a proficient thought to deliver the observe personally, or to use certified mail and get a return receipt from the post role.

Tenant Options – For conditions that bear upon the tenant'southward wellness and safety, the tenant may notify landlord that repairs must occur within 14 days or the tenant may stop the rental agreement at the end of 30 days. If landlord does non make the repairs within 14 days and the cost of repairs is less than one calendar month'due south hire, the tenant may either:

notify the landlord that the tenant is terminating the rental understanding
or
take the repairs made and deduct the toll from the hire. All the same, before a tenant deducts any amount from the rent, the tenant should consult an attorney to make certain the deduction is lawful. Whenever a tenant pays less that the full rent due, there is a gamble that the landlord will seek eviction based on nonpayment of rent.

For emergency atmospheric condition, the landlord must make repairs within iii working days of written observe from the tenant.

When the Landlord Can Enter Your Rental

Except in emergencies, a landlord must give a tenant at to the lowest degree 24 hours' notice of intent to enter the rental unit, and may enter only at reasonable times.
The landlord may only enter for valid purposes, including repairs, inspection or alterations to the belongings. The landlord may not abuse the right of admission or utilise it to harass the tenant.
The tenant may not unreasonably withhold consent to enter. If the tenant does so, the landlord can terminate the rental agreement or get a courtroom order to permit access, with the tenant responsible for the landlord's legal expenses.
In the instance of an emergency, the landlord may enter the unit immediately without the tenant's consent.

Illegal Actions by a Landlord

The law prohibits a landlord from taking certain deportment confronting a tenant. These illegal actions include:

Lockouts – The law prohibits landlords from changing locks or adding new locks to keep a tenant out, even if the tenant is behind in rent. A tenant who is locked out can file a lawsuit to regain entry.
Utility Shutoffs – The landlord may not shut off utilities because the tenant is behind in rent or to force a tenant to move out. If the utilities have been shut off by the landlord, the tenant should commencement bank check with the utility visitor to run across if it will restore service. If it appears the shutoff is illegal, the tenant can file a lawsuit.
Retaliation – The law prohibits the landlord from retaliating against a tenant for exercising rights under the law, such as complaining to a authorities authorization or deducting for repairs. Examples of retaliation are raising the rent, reducing services provided to the tenant, or evicting the tenant.

If you lot feel your landlord has taken an illegal activeness against you, yous may wish to consult an chaser or contact Montana Legal Services Association to make up one's mind whether you are eligible for legal assistance.

Moving Out

Proper Find to Leave

The notice a tenant is required to requite a landlord upon moving out depends upon the blazon of rental understanding. A tenant who is moving out may not sublet or transfer possession of the rental unit to someone else unless the landlord has approved this in writing.

Lease – A tenant cannot terminate a charter prior to its expiration unless the landlord agrees. A tenant who chooses to motility out before the charter has expired is responsible for paying the rent for the remainder of the charter until the landlord finds some other tenant. The landlord must make reasonable efforts to hire the property to someone else as shortly every bit possible.
Month-to-Month Agreement – A tenant must requite thirty days' detect to terminate a calendar month-to-calendar month rental agreement. It is a proficient idea to requite this notice in writing and to keep a copy for your records.

Render of Deposits

A landlord may proceed part or all of a tenant's security eolith to pay unpaid rent, utilities, late charges, amercement to the holding, cleaning expenses paid by the landlord, and a reasonable amount for the landlord'southward labor.

In certain circumstances, the landlord may not continue office or all of the security deposit. For example:

The landlord cannot deduct cleaning expenses from a security deposit unless the landlord gave the tenant written notice of the cleaning that needed to be done, and gave the tenant at least 24 hours to practice the cleaning.
The landlord must ship the tenant a written listing of any deductions from the security deposit within 30 days. Any landlord who fails to provide the departing tenant with such a list may not withhold any portion of the security deposit for the damages or cleaning charges.
If the landlord did non provide the tenant with a written statement of the property'south condition at the time the tenant moved in, the landlord cannot keep any part of the security deposit for damages unless the landlord can evidence by clear and convincing testify that the tenant caused the damage.

A landlord must return a tenant'south security deposit within ten days after inspecting the rental if at that place are no damages, no cleaning left to be done and no unpaid hire or utilities.

It is the tenant's responsibility to provide the landlord with a forwarding address to which the security deposit tin be sent. Otherwise, the eolith is sent to the tenant'south concluding known address.

Evictions

Charter – A charter may not be terminated early on unless the tenant has violated the rental understanding or the requirements of the Montana Residential Landlord and Tenant Act.
Month-to-Calendar month Agreement – A landlord may generally terminate a calendar month-to-month rental agreement by providing 30 days' notice to the tenant.

Tenant Violations

If the tenant has violated either the rental agreement or the requirements of the Montana Residential Landlord and Tenant Act, the landlord may end a rental agreement with fourteen days' notice to the tenant, except nether the following circumstances:

The landlord need only give iii days' notice if the tenant's violation involves:
- unpaid rent
- an unauthorized tenant or pet
- damage to the rental property
- the tenant's arrest for producing or manufacturing drugs on the rental bounds
The landlord need only requite v days' observe if it is a echo violation most which the landlord has previously notified the tenant inside the by six months.

If the noncompliance is something the tenant can ready through repairs, payment of amercement or otherwise, and the tenant fairly remedies the noncompliance before the appointment specified in the detect, the rental agreement does not cease.