In Montana, the arid climate plays a crucial role in preventing mold issues. However, excessive moisture can lead to mold growth in your Montana residence. Whose obligation is it to address the mold issue?

Montana does not have a state law indicating that landlords should clean the mold. However, landlords must provide a habitable home to their tenants. They are also required to disclose knowledge of mold in the home.

Thus, the responsibility implies that the landlord will fix mold problems before the home is leased and when they appear in their tenant’s homes.

Montana State Mold Laws
  1. The landlord must disclose the presence of mold in the home if they know about it.
  2. Mold remediation before new tenants occupy the house.
  3. Make repairs and do whatever is necessary to make the home fit to live.
  4. Fix leaking pipes and any water damage that can provide a conducive environment for mold growth.
  5. Provide a copy of mold test results and evidence of treatment or mitigation.
  6. Provide smoke detectors
  7. Inform the tenant of the location and address of the landlord or tenant.

Resource: See other states mold laws here

Tenants rights and responsibility in Montana

  1. Pay rent and utilities as agreed upon.
  2. Comply with all city and county requirements
  3. Keep the house clean and sanitary.
  4. Dispose of all waste and garbage as required.
  5. Maintain smoke detectors
  6. Operate all electrical and plumbing appliances appropriately.
  7. Keep the peace with neighbors.
  8. Do not damage the property.
  9. Do not change the locks without the landlord’s consent.

How long does the landlord have to fix a mold problem?

Tenants should notify their landlord when a mold problem occurs in their homes. A phone call, letter, and photo evidence of the problem is an effective notification of the problem to the landlord or their agent.

The landlord has 14 days to fix the mold problem when they receive the notification.

If the fourteen days lapse without a response from the landlord, the law allows a tenant to fix the problem and deduct the amount paid for repairs from the rent. In Montana, tenants are allowed to do this if the cost of repairs is less than the cost of monthly rent.

Mold disclosure law in Montana

Montana passed the Mold Disclosure Act in 2003. It requires landlords and property sellers in Montana to disclose the presence of mold if it is known.

The landlord and seller of the home must provide in writing a mold disclosure statement. For landlords, it is indicated on the lease documents.

Disclosure documents are available for property sellers to use.

Additionally, landlords and sellers must disclose the results of mold tests conducted on the house.

Can you break the rental lease in Montana due to mold?

Breaking your lease is the last option.

You are allowed to break the rental lease in Montana due to mold under the following conditions:

You did not cause the mold problem