Cal. Civ. Code § 70-33-406
Landlord's Failure To Provide Essential Services -- Tenant's Remedies
Operative Text
(1) If contrary to the rental agreement or 70-33-303 the landlord purposefully or negligently fails to supply running 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 running water, electricity, gas, and other essential services during the period of the landlord's noncompliance and deduct the actual and reasonable cost from the rent; (b) recover damages based upon the diminution in the fair rental value of the lot; 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) A tenant proceeding under this section may not proceed under 70-33-405 for a landlord's failure to provide essential services. (3) The rights of a 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. (4) A tenant does not have rights under this section 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 § 70-33-406 addresses what happens when a landlord purposefully or negligently fails to supply essential services—such as running water, electricity, or gas—in violation of the rental agreement or § 70-33-303. Under this provision, a tenant who provides written notice and allows the landlord a reasonable opportunity to fix the problem may pursue one of several remedies: obtaining the services independently and deducting the cost from rent, recovering damages for reduced rental value, or securing substitute housing and withholding rent during the period of noncompliance. These remedies are not available if the tenant, a household member, or a guest caused the service disruption, and a tenant using this section cannot simultaneously pursue remedies under § 70-33-405 for the same failure.
Plain English — not legal advice.
Under Mont. Code Ann. § 70-33-406, operators of manufactured-home lots are generally expected to maintain continuous access to essential services—running water, electricity, gas, and similar utilities—as required by the rental agreement and § 70-33-303. Compliant operators typically respond promptly to written notices of service failures, document their repair efforts, and restore services within a timeframe that a court would consider reasonable, since the tenant's remedies under this section are triggered only after notice and a reasonable correction period. Keeping records of maintenance requests, repair timelines, and any circumstances where a tenant or guest caused a disruption can be important for demonstrating compliance with this provision.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Mont. Code Ann. § 70-33-406 gives manufactured-home lot tenants specific options when a landlord purposefully or negligently cuts off or fails to supply essential services like water, electricity, or gas. Before any remedy becomes available, a tenant must deliver written notice to the landlord identifying the problem and allow a reasonable time for correction; only after that window passes do the choices—such as deducting costs, claiming diminished rental value, or arranging substitute housing—become available under this section. Tenants who believe their rights under § 70-33-406 have been violated may consider documenting the service failure and their written notice, and can reach out to a local tenant-rights organization or Montana legal aid office to understand which remedy 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