Cal. Civ. Code § 70-24-408
Purposeful Or Negligent Failure To Provide Essential Services -- Tenant's Remedies
Operative Text
(1) If contrary to the rental agreement or 70-24-303 the landlord purposefully or negligently fails to supply heat, running water, hot water, electric, gas, or other essential services, the tenant may give written notice to the landlord specifying the breach and may: (a) procure reasonable amounts of heat, hot water, running water, electricity, gas, and other essential services during the period of the landlord's noncompliance and deduct their actual and reasonable cost from the rent; (b) recover damages based upon the diminution in the fair rental value of the dwelling unit; or (c) procure reasonable substitute housing during the period of the landlord's noncompliance, in which case the tenant is excused from paying rent for the period of the landlord's noncompliance. (2) If the tenant proceeds under this section, the tenant may not proceed under 70-24-406 or 70-24-407 as to that breach. (3) Rights of the tenant under this section do not arise until the tenant has given notice to the landlord and the landlord has had a reasonable opportunity to correct the conditions or if the conditions were caused by the act or omission of the tenant, a member of the tenant's family, or any other person on the premises with the tenant's consent.
Montana Code § 70-24-408 addresses situations where a landlord purposefully or negligently fails to provide essential services such as heat, running water, hot water, electricity, or gas in violation of the rental agreement or § 70-24-303. When this occurs, the law provides tenants with several potential remedies, including self-procuring the missing services and deducting the cost from rent, recovering damages based on reduced rental value, or obtaining substitute housing while being excused from paying rent during the period of noncompliance. These remedies are triggered only after the tenant has given written notice to the landlord and the landlord has had a reasonable opportunity to correct the problem, and they are not available if the tenant or someone in the tenant's household caused the service disruption.
Plain English — not legal advice.
Under Mont. Code Ann. § 70-24-408, landlords who fail to supply essential services—whether purposefully or through negligence—expose themselves to significant financial consequences, including rent deductions, damages claims, or the cost of substitute housing for the tenant. Compliant operators generally maintain heating, plumbing, electrical, and gas systems in continuous working order as required by the rental agreement and § 70-24-303, and they respond promptly when a tenant provides written notice of a service failure. Addressing reported deficiencies quickly after receiving written notice is a key element of operating within the bounds this statute establishes, since the tenant's remedies are tied to whether the landlord had a reasonable opportunity to correct the conditions.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Mont. Code Ann. § 70-24-408 outlines specific remedies available to tenants when a landlord purposefully or negligently cuts off or fails to supply essential services like heat, hot water, or electricity. To access these remedies, a tenant generally must first provide written notice to the landlord identifying the breach and allow a reasonable opportunity for correction before the rights under this section arise. Tenants who believe their landlord has violated this provision may consider consulting a tenant-rights organization, reviewing whether the chosen remedy under § 70-24-408 affects their ability to pursue other remedies under § 70-24-406 or § 70-24-407, or seeking guidance from a local legal aid office about which path fits 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.
Effective Timeline
References In
Rules and statutes that cite this regulation