Montana Mold, Pests, Heat & AC Rules
Montana rules on mold, pests, heat & ac for renters and landlords, with the statute or official page behind each answer. Last verified: 2026-10-22.
Short answer: Montana Mold Disclosure Act: a landlord who knows mold is present must disclose it to the tenant before or when the lease is signed, and a landlord who knows the building was tested for mold must say so and give the tenant the test results (if available) and evidence of any later… Mont. Code Ann. §§ 70-16-701 to 70-16-703; § 70-24-303(1)(b)
The rules in Montana
| Mold | Montana Mold Disclosure Act: a landlord who knows mold is present must disclose it to the tenant before or when the lease is signed, and a landlord who knows the building was tested for mold must say so and give the tenant the test results (if available) and evidence of any later mitigation. A landlord may also give a statutory mold disclosure statement for the tenant to sign; a landlord who gives it, discloses prior testing and mitigation, and discloses known mold is shielded from liability based on the presence of or propensity for mold. No state mold-remediation standard; the general duty to keep the premises fit and habitable applies. The disclosure statement itself is optional ('may be provided'), but disclosure of known mold and known testing is mandatory. The liability shield applies only when all the listed disclosures are made. |
|---|---|
| Pests & bed bugs | No pest- or bed-bug-specific statute. The landlord must make repairs and do whatever is necessary to keep the premises fit and habitable and keep common areas clean and safe; the tenant must keep the unit reasonably clean and safe and dispose of garbage properly. No state bed-bug disclosure or inspection requirement. Who pays for treatment generally depends on whether the infestation results from the tenant's failure to meet tenant duties. Local housing codes may add requirements. |
| Heat | Yes. The landlord must supply reasonable heat between October 1 and May 1 (plus running water and reasonable hot water at all times) and keep heating facilities in good and safe working order. No statewide minimum temperature is set. Exception: buildings not required by law to be equipped for heat, or units where heat is generated by an installation in the tenant's exclusive control. Landlord and tenant may agree in good-faith writing that the tenant handles the heat/hot-water duty (§ 70-24-303(3)). The code also shows a version of this section effective January 2, 2031. |
| Air conditioning | No state requirement to provide air conditioning or a maximum indoor temperature. If the landlord supplies air conditioning, it must be maintained in good and safe working order. |
| Smoke and CO detectors | The landlord must install an approved carbon monoxide detector and an approved smoke detector in each unit under the landlord's control and, when the rental agreement begins, check that both are in good working order. During the tenancy, the tenant must keep both detectors in good working order. The landlord is not liable for damages caused by a failure of either required detector. Approved detectors must carry a label from an approved testing agency; installation follows Department of Labor and Industry rules (CO) and Department of Justice rules (smoke). The code shows a temporary version of this section and a version effective January 2, 2031; this subsection reads the same in both. |
Related questions
- Does a landlord have to fix mold?
- Who pays for pest control and bed bugs in a rental?
- Does a landlord have to provide heat?
- Does a landlord have to provide air conditioning?
Montana vs. neighboring states
| State | Mold | Pests & bed bugs | Heat |
|---|---|---|---|
| Montana | Montana Mold Disclosure Act: a landlord who knows mold is present must disclose it to the tenant before or when the lease is signed, and a landlord who knows the building was tested for mold must say so and give the tenant the test results (if available) and evidence of any later mitigation. A landlord may also give a statutory mold disclosure statement for the tenant to sign; a landlord who gives it, discloses prior testing and mitigation, and discloses known mold is shielded from liability based on the presence of or propensity for mold. No state mold-remediation standard; the general duty to keep the premises fit and habitable applies. Mont. Code Ann. §§ 70-16-701 to 70-16-703; § 70-24-303(1)(b) | No pest- or bed-bug-specific statute. The landlord must make repairs and do whatever is necessary to keep the premises fit and habitable and keep common areas clean and safe; the tenant must keep the unit reasonably clean and safe and dispose of garbage properly. Mont. Code Ann. §§ 70-24-303(1)(b)-(c), 70-24-321(1)(b)-(c) | Yes. The landlord must supply reasonable heat between October 1 and May 1 (plus running water and reasonable hot water at all times) and keep heating facilities in good and safe working order. No statewide minimum temperature is set. Exception: buildings not required by law to be equipped for heat, or units where heat is generated by an installation in the tenant's exclusive control. Mont. Code Ann. § 70-24-303(1)(d), (1)(f) |
| Idaho | No statute — Idaho has no mold-specific landlord-tenant law and no state agency that regulates mold inspection or removal in rentals. Mold is handled under the tenant's right to sue a landlord who maintains the premises in a manner hazardous to health or safety, fails to provide reasonable waterproofing and weather protection, or fails to maintain plumbing and ventilation facilities. The Attorney General advises tenants to report leaks, excess moisture, or recurring mold to the landlord immediately. Idaho Code § 6-320(a)(1)–(3); Idaho AG, Landlord and Tenant Manual (July 2026), pp. 16–17 | No statute — Idaho law does not specifically assign pest or bed-bug treatment or require a bed-bug disclosure. The Attorney General lists insect infestations as an example of a condition that may violate housing standards and the landlord's duty not to maintain the premises in a manner hazardous to health or safety. Idaho Code § 6-320(a)(3); Idaho AG, Landlord and Tenant Manual (July 2026), pp. 11–12 | No statute sets a minimum temperature or requires landlords to supply heat, but a tenant may sue a landlord who fails to maintain in good working order heating facilities the landlord supplied. The Attorney General lists nonfunctioning heating units as a condition that may violate housing standards. Idaho Code § 6-320(a)(2); Idaho AG, Landlord and Tenant Manual (July 2026), p. 12 |
| North Dakota | No statute — general habitability/repair duty applies. North Dakota has no mold disclosure, remediation or exposure-standard law for rentals; the landlord must comply with applicable building and housing codes affecting health and safety and 'make all repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition.' N.D.C.C. § 47-16-13.1(1)(a)-(b) | No statute — no bed-bug or pest-specific law. The landlord's general duty to keep the premises fit and habitable and common areas clean and safe applies; the tenant must keep the unit as clean and safe as conditions permit, remove garbage, and not damage the premises. N.D.C.C. §§ 47-16-13.1(1)(b)-(c), 47-16-13.2 | Yes. The landlord must supply 'reasonable heat' and keep heating facilities it supplies in good and safe working order, unless the building is not required by law to be equipped for heat or the heat is generated by an installation under the tenant's exclusive control on a direct utility connection. No statewide minimum temperature or heating season is set. N.D.C.C. § 47-16-13.1(1)(d), (f) |
| South Dakota | No statute — general habitability/repair duty applies. South Dakota has no mold disclosure, remediation or exposure-standard law for rentals; the landlord must keep the premises and common areas in reasonable repair, fit for human habitation and in good and safe working order, except for disrepair caused by the tenant's (or the tenant's invitees') negligent, willful or malicious conduct. SDCL 43-32-8 | No statute — no bed-bug or pest-specific law. The landlord's general duty to keep the premises fit for human habitation applies, except where the condition was caused by the tenant's negligent, willful or malicious conduct. SDCL 43-32-8 | The landlord must maintain heating systems in good and safe working order (unless the tenant caused the disrepair) and keep the unit fit for human habitation. No state statute sets a minimum indoor temperature or heating season. SDCL 43-32-8 |
| Wyoming | No statute — Wyoming's Residential Rental Property Act does not mention mold, and no state housing code addresses it. Mold is governed only by the general duty to keep the unit safe, sanitary and fit for human habitation; the act applies only to conditions that materially affect the physical health or safety of the ordinary renter. The renter must be current on payments and give written notice (certified mail or as allowed by W.S. 1-21-1003) before court remedies are available. W.S. 1-21-1202(a), (c); 1-21-1203(a)-(b); 1-21-1206 | No statute — no pest or bed-bug provision in the Residential Rental Property Act or elsewhere for rentals. Infestations fall under the general safe-and-sanitary duty if they materially affect health or safety. The owner need not remedy conditions caused by the renter, the renter's family or guests through misuse, and the renter must keep the unit clean and dispose of garbage properly. W.S. 1-21-1202; 1-21-1203(c); 1-21-1204(a)(i)-(ii) | Yes, but no temperature standard. Each rental unit must have operational heating (and electrical, plumbing and hot and cold running water) unless both parties agree otherwise in writing, and the owner must maintain the heating system. State law sets no minimum indoor temperature or heating season. Seasonal units such as summer cabins not intended to have these amenities are excepted. W.S. 1-21-1202(a); 1-21-1203(a)(iii) |
More Montana rental law
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- Montana Privacy, Guests & Animal Rules
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- Free legal help in Montana
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Montana Mold, Pests, Heat & AC Rules FAQ
Does a landlord have to fix mold in Montana?
Montana Mold Disclosure Act: a landlord who knows mold is present must disclose it to the tenant before or when the lease is signed, and a landlord who knows the building was tested for mold must say so and give the tenant the test results (if available) and evidence of any later mitigation. A landlord may also give a statutory mold disclosure statement for the tenant to sign; a landlord who gives it, discloses prior testing and mitigation, and discloses known mold is shielded from liability based on the presence of or propensity for mold. No state mold-remediation standard; the general duty to keep the premises fit and habitable applies. (Mont. Code Ann. §§ 70-16-701 to 70-16-703; § 70-24-303(1)(b))
Who pays for pest control and bed bugs in Montana?
No pest- or bed-bug-specific statute. The landlord must make repairs and do whatever is necessary to keep the premises fit and habitable and keep common areas clean and safe; the tenant must keep the unit reasonably clean and safe and dispose of garbage properly. (Mont. Code Ann. §§ 70-24-303(1)(b)-(c), 70-24-321(1)(b)-(c))
Does a landlord have to provide heat in Montana?
Yes. The landlord must supply reasonable heat between October 1 and May 1 (plus running water and reasonable hot water at all times) and keep heating facilities in good and safe working order. No statewide minimum temperature is set. Exception: buildings not required by law to be equipped for heat, or units where heat is generated by an installation in the tenant's exclusive control. (Mont. Code Ann. § 70-24-303(1)(d), (1)(f))
Does a landlord have to provide air conditioning in Montana?
No state requirement to provide air conditioning or a maximum indoor temperature. If the landlord supplies air conditioning, it must be maintained in good and safe working order. (Mont. Code Ann. § 70-24-303(1)(d))
Who is responsible for smoke detectors in a rental in Montana?
The landlord must install an approved carbon monoxide detector and an approved smoke detector in each unit under the landlord's control and, when the rental agreement begins, check that both are in good working order. During the tenancy, the tenant must keep both detectors in good working order. The landlord is not liable for damages caused by a failure of either required detector. (Mont. Code Ann. § 70-24-303(1)(g), (5))
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.