HOUSE BILL NO. 347
INTRODUCED BY CARNEY
A BILL FOR AN ACT ENTITLED: "AN ACT AUTHORIZING A LANDLORD OR A TENANT TO TERMINATE A TENANCY AT ANY TIME BY GIVING AT LEAST 3 DAYS' NOTICE, IN WRITING, TO THE OTHER PARTY IF THE OTHER PARTY HAS THREATENED THE PHYSICAL SAFETY OR HAS THREATENED TO HARM THE PROPERTY OF THE OTHER PARTY AND THE THREAT IS ON RECORD WITH A LAW ENFORCEMENT AGENCY; AMENDING SECTIONS 70-24-422, 70-24-441, AND 70-25-201, MCA; AND PROVIDING AN EFFECTIVE DATE."
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 70-24-422, MCA, is amended to read:
"70-24-422. Noncompliance of tenant generally -- landlord's right of termination -- damages -- injunction. (1) Except as provided in this chapter, if there is a noncompliance by the tenant with the rental agreement or a noncompliance with 70-24-321, the landlord may deliver a written notice to the tenant pursuant to 70-24-108 specifying the acts and omissions constituting the noncompliance and that the rental agreement will terminate upon a date specified in the notice not less than the minimum number of days after receipt of the notice provided for in this section. The rental agreement terminates as provided in the notice, subject to the following:
(a) If the noncompliance is remediable by repairs, the payment of damages, or otherwise and the tenant adequately remedies the noncompliance before the date specified in the notice, the rental agreement does not terminate.
(b) If the noncompliance involves an unauthorized pet, the notice period is 3 days.
(c) If the noncompliance involves unauthorized persons residing in the rental unit, the notice period is 3 days.
(d) If the noncompliance involves a threat to the physical safety of the landlord or a threat to the property of the landlord AND THE THREAT IS ON RECORD WITH A LAW ENFORCEMENT AGENCY, the notice period is 3 days.
(d)(e) If the noncompliance is not listed in subsection subsections (1)(b) or (1)(c) through (1)(d), the notice period is 14 days.
(e)(f) If substantially the same act or omission that constituted a prior noncompliance of which notice was given recurs within 6 months, the landlord may terminate the rental agreement upon at least 5 days' written notice specifying the noncompliance and the date of the termination of the rental agreement.
(f)(g) This subsection (1) does not apply to a rental agreement involving a tenant who rents space for a mobile home but does not rent the mobile home.
(2) If rent is unpaid when due and the tenant fails to pay rent within 3 days after written notice by the landlord of nonpayment and the landlord's intention to terminate the rental agreement if the rent is not paid within that period, the landlord may terminate the rental agreement. This subsection does not apply to a rental agreement involving a tenant who rents space for a mobile home but does not rent the mobile home.
(3) If the tenant destroys, defaces, damages, impairs, or removes any part of the premises in violation of 70-24-321(2), the landlord may terminate the rental agreement upon giving 3 days' written notice specifying the noncompliance under the provisions of 70-24-321(2).
(4) Except as provided in this chapter, the landlord may recover actual damages and obtain injunctive relief for any noncompliance by the tenant with the rental agreement or 70-24-321. Except as provided in subsection (5), if the tenant's noncompliance is purposeful, the landlord may recover treble damages.
(5) Treble damages may not be recovered for the tenant's early termination of the tenancy.
(6) Subsections (3) through (5) apply to all rental agreements, including those involving a tenant who rents space for a mobile home but does not rent the mobile home.
(7) The landlord is not bound by this section in the event that:
(a) the rental agreement does not involve a tenant who rents space for a mobile home but does not rent the mobile home; and
(b) the landlord elects to use the 30-day notice for termination of tenancy as provided in 70-24-441."
Section 2. Section 70-24-441, MCA, is amended to read:
"70-24-441. Termination by landlord or tenant -- applicability. (1) The Subject to subsection (3), the landlord or the tenant may terminate a week-to-week tenancy by a written notice given to the other at least 7 days before the termination date specified in the notice.
(2) The Subject to subsection (3), the landlord or the tenant may terminate a month-to-month tenancy by giving to the other at any time during the tenancy at least 30 days' notice in writing prior to the date designated in the notice for the termination of the tenancy.
(3) A landlord or a tenant may terminate a tenancy by giving to the other party at any time during the tenancy at least 3 days' notice, in writing, if the other party has threatened the physical safety or has threatened to harm the property of the other party AND THE THREAT IS ON RECORD WITH A LAW ENFORCEMENT AGENCY.
(3)(4) The tenancy terminates on the date designated and without regard to the expiration of the period for which, by the terms of the tenancy, rents are to be paid. Unless otherwise agreed, rent is uniformly apportionable from day to day.
(4)(5) The provisions of this section do not apply to a tenant who rents space for a mobile home in a mobile home park but does not rent the mobile home."
Section 3. Section 70-25-201, MCA, is amended to read:
"70-25-201. Security deposit -- deductions authorized therefrom from security deposit. (1) A landlord renting property covered by this chapter may deduct from the security deposit a sum equal to the damage alleged to have been caused by the tenant, together with a sum equal to the unpaid rent, late charges, utilities, penalties due under lease provisions, and other money owing to the landlord at the time of deduction, including rent owed under 70-24-441(3)(4), and a sum for actual cleaning expenses, including a reasonable charge for the landlord's labor.
(2) At the request of either party, the premises may be inspected within 1 week prior to termination of the tenancy.
(3) Cleaning charges may not be imposed for normal maintenance performed on a cyclical basis by the landlord as noted by the landlord at the time that the tenant occupies the space unless the landlord is forced to perform this maintenance because of negligence of the tenant. Additionally, cleaning charges may not be deducted until written notice has been given to the tenant. The notice must include the cleaning not accomplished by the tenant and the additional and type or types of cleaning that need to be done by the tenant to bring the premises back to its condition at the time of its renting. After the delivery of the notice, the tenant has 24 hours to complete the required cleaning. If notice is mailed by certified mail, service of the notice is considered to have been made 3 days after the date of the mailing. A tenant who fails to notify the landlord of the intent to vacate or who vacates the premises without notice relieves the landlord of the requirement of giving notice and allows the landlord to deduct the cleaning charges from the deposit.
(4) A person may not deduct or withhold from the security deposit any amount for purposes other than those set forth in this section."
NEW SECTION. Section 4. Saving clause. [This act] does not affect rights and duties that matured, penalties that were incurred, or proceedings that were begun before [the effective date of this act].
NEW SECTION. Section 5. Effective date. [This act] is effective July 1, 2003.
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Latest Version of HB 347 (HB0347.02)
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