Montana Repairs & Tenant Remedies
Montana rules on repairs & habitability for renters and landlords, with the statute or official page behind each answer. Last verified: 2026-10-22.
Short answer: Yes. After notice, if the landlord does not repair within a reasonable time, tenant may make repairs costing no more than 1 month's rent and deduct the cost from rent. Mont. Code Ann. §§ 70-24-406(1)(b), 70-24-408
The rules in Montana
| Repair and deduct | Yes. After notice, if the landlord does not repair within a reasonable time, tenant may make repairs costing no more than 1 month's rent and deduct the cost from rent. For essential services (heat, water, hot water, electricity, gas) the tenant may procure them and deduct the actual, reasonable cost. Emergency repairs may only be made by a qualified person. Tenant may also terminate: 14 days to cure / termination at least 30 days after notice; emergencies 3 working days; recurrence within 6 months on 14 days' notice. Not available for tenant-caused conditions. |
|---|---|
| Withholding rent | No general right to withhold rent. Limited rent relief: deduction for repairs or essential services, or rent excused while tenant procures reasonable substitute housing during an essential-services failure. In a nonpayment action the tenant may counterclaim and the court may order rent paid into court. Under § 70-24-421 the court determines amounts owed; if no rent remains due after counterclaims, judgment is entered for the tenant in the possession action. |
| Landlord retaliation | Landlord may not raise rent, reduce services, or bring or threaten a possession action after the tenant complained to a government code-enforcement agency, made a written complaint to the landlord about § 70-24-303 duties, or organized/joined a tenants' union. A complaint within 6 months before the act creates a rebuttable presumption of retaliation. No presumption if the complaint came after notice of a proposed rent increase or service reduction. Landlord may still evict if the violation was tenant-caused, the tenant is behind on rent, or compliance requires demolition/major remodeling. Remedies are those in § 70-24-411 (up to 3 months' rent or treble damages); retaliation is also a defense to eviction. Source: Mont. Code Ann. § 70-24-431 |
Related questions
Montana vs. neighboring states
| State | Repair and deduct | Withholding rent | Landlord retaliation |
|---|---|---|---|
| Montana | Yes. After notice, if the landlord does not repair within a reasonable time, tenant may make repairs costing no more than 1 month's rent and deduct the cost from rent. For essential services (heat, water, hot water, electricity, gas) the tenant may procure them and deduct the actual, reasonable cost. Mont. Code Ann. §§ 70-24-406(1)(b), 70-24-408 | No general right to withhold rent. Limited rent relief: deduction for repairs or essential services, or rent excused while tenant procures reasonable substitute housing during an essential-services failure. In a nonpayment action the tenant may counterclaim and the court may order rent paid into court. Mont. Code Ann. §§ 70-24-406, 70-24-408(1)(c), 70-24-421 | Landlord may not raise rent, reduce services, or bring or threaten a possession action after the tenant complained to a government code-enforcement agency, made a written complaint to the landlord about § 70-24-303 duties, or organized/joined a tenants' union. A complaint within 6 months before the act creates a rebuttable presumption of retaliation. Mont. Code Ann. § 70-24-431 |
| Idaho | Not generally allowed. Only exception: if the landlord fails to install required smoke detectors within 72 hours after certified-mail notice, the tenant may install them and deduct the cost from the next month's rent. Idaho Code § 6-320(a) | Not allowed. Tenant's remedy for habitability failures is a lawsuit for damages and/or specific performance after 3 days' written notice to cure; specific-performance-only cases get a trial within 12 days of filing. Idaho Code § 6-320; Idaho AG Manual 'Withholding Rent' | No statute — Idaho has no general anti-retaliation statute for residential tenants. The Idaho Attorney General's Landlord and Tenant Manual says a landlord may not evict a tenant for asking for repairs or joining a tenants' association, but it cites no statute and sets no presumption period. Tenants in manufactured home communities are protected by statute: the landlord may not end or refuse to renew the tenancy, raise rent, cut services, or threaten eviction because the resident complained in good faith to a code agency or to the landlord, joined or led a resident association, or hired a lawyer or agent. No statute (Idaho Code Title 6 ch. 3 and Title 55 chs. 2-3 checked); Idaho Code § 55-2015 (manufactured home communities only) |
| North Dakota | Allowed: if the landlord neglects to repair dilapidations within a reasonable time after the tenant's notice, the tenant may repair and deduct the cost from rent, recover it another lawful way, or vacate and be discharged from further rent. N.D.C.C. § 47-16-13 | No statutory rent-withholding remedy. Per the ND Legal Self-Help Center, failure to make repairs is not a defense to nonpayment of rent, though a tenant who repaired and deducted under § 47-16-13 may dispute the amount owed. No statute; N.D.C.C. § 47-16-13 | No statute — N.D.C.C. chapters 47-16 (leases) and 47-32 (eviction) contain no general rule against landlord retaliation. The only express retaliation bar protects a tenant who ends a lease under the domestic-violence provision; a court may award $1,000 statutory damages plus actual damages, attorney's fees and costs. N.D.C.C. chs. 47-16 and 47-32 (checked); § 47-16-17.1(10)-(11) |
| South Dakota | Yes. If, within a reasonable time after notice, the landlord does not fix conditions that make the unit unfit to live in or unsafe, the tenant may make the repairs and deduct the cost from rent (or recover it from the landlord). The tenant may instead vacate and owe no further rent. SDCL 43-32-9 | Yes, when the needed repairs would cost more than one month's rent. After giving written notice that states the specific reason, the tenant may withhold rent but must immediately deposit it in a separate bank or savings and loan account and give the landlord written proof. The money is released to the landlord once repairs are made, or used for the repairs once enough has built up. SDCL 43-32-9 | No statutory presumption. After a protected act, a tenant may sue if the landlord retaliates by raising rent above fair market value, decreasing electric, gas, water, or sewer service, or giving a notice to vacate that is not based on a lease breach. Protected acts are a good-faith complaint to a government agency about a housing or building code violation affecting health and safety (once the landlord has written notice of it), a written repair notice under 43-32-9, and organizing or joining a tenants' union or organization. The landlord has a defense if the notice to vacate came more than 180 days after the protected act. Not renewing a written lease is not retaliation. SDCL 43-32-27, 43-32-28 |
| Wyoming | No repair-and-deduct remedy. A renter who is current on all payments must notify the owner in writing of the health or safety condition and the requested fix. If the owner does not respond or correct it within a reasonable time, the renter serves a 'notice to repair or correct condition' giving 3 days to begin repairs. If repairs still are not made, the renter may sue in circuit court for costs, damages (including rent improperly retained), termination of the lease, or an order to repair. W.S. 1-21-1203(b), 1-21-1206 | Not authorized by statute. The habitability remedies are available only to renters who are current on all payments and comply with W.S. 1-21-1204 and 1-21-1205. Relief comes through a court action. W.S. 1-21-1203(b), 1-21-1206(a), (c) | No statute — Wyoming has no general law barring landlord retaliation (for example, for complaining about repairs or contacting an inspector). The only related rule: a landlord may not end a tenancy based solely on a tenant's or household member's status as a victim of domestic abuse or sexual violence. W.S. 1-21-1303(c); Title 1, Ch. 21, Arts. 10, 12, 13 and 14 checked |
More Montana rental law
- Montana Security Deposit Law
- Montana Eviction Laws
- Montana Notice to Vacate Rules
- Landlord Entry Rules in Montana
- Montana Rent Increase & Late Fee Laws
- Breaking a Lease in Montana
- Squatters' Rights in Montana
- Montana Rental Fee Rules
- Montana Section 8, Records & Right to Counsel
- Montana Mold, Pests, Heat & AC Rules
- Montana Privacy, Guests & Animal Rules
- Montana Landlord Selling the House
- Montana Lockouts, Utility Shutoffs & Retaliation
- Montana Subletting, Lease Endings & Tenant Death
- All Montana landlord-tenant rules
- Free legal help in Montana
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Montana Repairs & Tenant Remedies FAQ
Can a tenant repair and deduct from rent in Montana?
Yes. After notice, if the landlord does not repair within a reasonable time, tenant may make repairs costing no more than 1 month's rent and deduct the cost from rent. For essential services (heat, water, hot water, electricity, gas) the tenant may procure them and deduct the actual, reasonable cost. (Mont. Code Ann. §§ 70-24-406(1)(b), 70-24-408)
Can a tenant withhold rent for repairs in Montana?
No general right to withhold rent. Limited rent relief: deduction for repairs or essential services, or rent excused while tenant procures reasonable substitute housing during an essential-services failure. In a nonpayment action the tenant may counterclaim and the court may order rent paid into court. (Mont. Code Ann. §§ 70-24-406, 70-24-408(1)(c), 70-24-421)
Can a landlord retaliate against a tenant for complaining in Montana?
Landlord may not raise rent, reduce services, or bring or threaten a possession action after the tenant complained to a government code-enforcement agency, made a written complaint to the landlord about § 70-24-303 duties, or organized/joined a tenants' union. A complaint within 6 months before the act creates a rebuttable presumption of retaliation. (Mont. Code Ann. § 70-24-431)
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.