Montana Code 70-24-405. Failure of landlord to deliver possession — tenant’s remedies
70-24-405. Failure of landlord to deliver possession — tenant’s remedies. (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:
Terms Used In Montana Code 70-24-405
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
(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.