Cal. Civ. Code § 70-24-406
Failure Of Landlord To Maintain Premises -- Tenant's Remedies
Operative Text
(1) Except as provided in this chapter, if there is a noncompliance with 70-24-303 affecting health and safety, the tenant may: (a) deliver a written notice to the landlord specifying the acts and omissions constituting the breach and that the rental agreement will terminate upon a date not less than 30 days after receipt of the notice if the breach is not remedied in 14 days. If the noncompliance results in a case of emergency and the landlord fails to remedy the situation within 3 working days after written notice by the tenant of the situation and the tenant's intention to terminate the rental agreement, the tenant may terminate the rental agreement. The rental agreement terminates as provided in the notice subject to the following exceptions: (i) if the breach is remediable by repairs, the payment of damages, or otherwise and the landlord adequately remedies the breach before the date specified in the notice, the rental agreement does not terminate by reason of the breach; (ii) if substantially the same act or omission which constituted a prior noncompliance of which notice was given recurs within 6 months, the tenant may terminate the rental agreement upon at least 14 days' written notice specifying the breach and the date of termination of the rental agreement; (iii) the tenant may not terminate for a condition caused by the tenant, a member of the tenant's family, or other persons on the premises with the tenant's consent. (b) make repairs that do not cost more than 1 month's rent and deduct the cost from the rent if the tenant has given the landlord notice and the landlord has not made the repairs within a reasonable time. If the repair is required in a case of emergency and the landlord has not made the repairs, the tenant may have repairs made only by a person qualified to make the repairs. (2) Except as provided in this chapter, the tenant may recover actual damages and obtain injunctive relief for any noncompliance by the landlord with the rental agreement or 70-24-303 . (3) The remedy provided in subsection (2) of this section is in addition to a right of the tenant arising under subsection (1). (4) If the rental agreement is terminated, the landlord shall return all security recoverable by the tenant pursuant to chapter 25 of this title.
Mont. Code Ann. § 70-24-406 establishes what tenants may do when a landlord fails to maintain rental premises in compliance with the health-and-safety standards set out in § 70-24-303. Depending on the nature and urgency of the problem, the law allows tenants to pursue lease termination through written notice, arrange qualifying repairs themselves and deduct the cost from rent (up to one month's rent), or seek actual damages and injunctive relief through the courts. These remedies can be used together, and if a lease is terminated under this section, the landlord is required to return any security deposit recoverable under Montana law.
Plain English — not legal advice.
Under Mont. Code Ann. § 70-24-406, landlords who receive written notice of a health-and-safety noncompliance generally have 14 days to remedy the problem before a tenant's termination notice takes effect, or as few as 3 working days in an emergency. Operators who maintain documented repair logs and respond promptly to written maintenance requests are better positioned to demonstrate that a breach was adequately remedied within the statutory window. Landlords should also be aware that if substantially the same condition recurs within 6 months of a prior notice, the tenant's termination timeline shortens significantly, and failure to remedy can expose the landlord to claims for actual damages and injunctive relief.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Mont. Code Ann. § 70-24-406 gives tenants several potential paths when a landlord fails to meet the health-and-safety maintenance standards of § 70-24-303. Tenants may deliver written notice triggering a termination timeline, arrange qualifying emergency or non-emergency repairs themselves and deduct costs up to one month's rent, or pursue actual damages and injunctive relief in court — and these options can be combined. Tenants who believe their landlord is in noncompliance may benefit from contacting a local tenant-rights organization or legal aid office to understand which remedies may apply to their circumstances.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 22, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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