Cal. Civ. Code § 70-33-405
Landlord's Failure To Maintain Premises -- Tenant's Remedies
Operative Text
(1) Unless otherwise provided in this chapter, if there is a noncompliance with 70-33-303 affecting health and safety, the following procedures apply: (a) The tenant may deliver a written notice to the landlord specifying the nature of 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 that 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 the rental agreement for a condition caused by the tenant, a member of the tenant's family, or any other persons on the premises with the tenant's consent. (b) (i) The tenant may 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. (ii) If the landlord fails to comply with the rental agreement or 70-33-303 and the reasonable cost of compliance is less than 1 month's rent, the tenant may recover damages for the breach under subsection (2). (2) Unless otherwise 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 70-33-303 . (3) The remedy provided in subsection (2) 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 Title 70, chapter 25.
Mont. Code Ann. § 70-33-405 establishes a framework of remedies available to tenants when a landlord fails to maintain rental premises in compliance with the health-and-safety standards set out in § 70-33-303. Depending on the nature and severity of the problem, the law allows for lease termination with proper written notice, tenant-arranged repairs deducted from rent (up to one month's rent), and recovery of actual damages or injunctive relief through the courts. Emergency situations trigger shorter timelines, and if the same violation recurs within six months of a prior notice, an expedited termination process applies. Importantly, these remedies are not available for conditions caused by the tenant, household members, or guests.
Plain English — not legal advice.
Under Mont. Code Ann. § 70-33-405, compliant property operators generally respond promptly to written maintenance notices from tenants, addressing health-and-safety deficiencies within the 14-day window specified in the statute to prevent lease termination. In emergency situations, operators typically act within 3 working days of receiving written notice to avoid the tenant's right to immediately terminate the rental agreement. Keeping documented records of repair requests, responses, and completed work helps demonstrate compliance with § 70-33-303 and can be relevant if a tenant later seeks damages, injunctive relief, or exercises the repair-and-deduct remedy.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Mont. Code Ann. § 70-33-405 gives tenants several potential paths when a landlord fails to maintain health-and-safety conditions required under § 70-33-303, including delivering written notice of the problem and a termination date, arranging qualifying repairs and deducting costs (up to one month's rent) from rent, or pursuing actual damages and injunctive relief in court. In emergency situations, the notice and response timelines are significantly shorter than the standard 14-day period. Tenants who believe their landlord is not meeting maintenance obligations may consider consulting a tenant-rights organization or legal aid provider to understand which remedies under § 70-33-405 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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