HELP!!! I'm moving out of the area and would like to find someone local to assume responsibility for this page. Email me here if you're interested. Remember, there are no good or bad landlords, just those who rip you off and those who don't.

 
The Flathead Valley Tenant Support Page

 
Tenant/Landlord Laws

Tenant Tips

Report Your Landlord

Reported Landlords (Favorable and Unfavorable)

 

 
 

 

First, here are the basic tenets of the landlord/tenant relationship as mandated by Montana law.

This information was supplied by the:

State Bar of Montana
46 North Last Chance Gulch, Suite 2A
P.O. Box 577
Helena, MT 59624

  1. WHAT IS A LANDLORD? WHAT IS A TENANT?
A landlord is a person who owns real property and rents it to another. Lessor is another word for landlord. A landlord may be represented by an agent who manages the property. A tenant is a person who rents real property from a landlord. A tenant is sometimes referred to as a renter. Lessee is another word for tenant.
  1. WHAT IS THE DIFFERENCE BETWEEN RENTING AND LEASING?
The only difference between renting and leasing is how those terms are generally used to describe the length of time the property is being rented. Renting generally means month-to-month. Leasing generally means for a longer term, such as a year or more.
  1. WHAT IS A LANDLORDS RESPONSIBILITY FOR REPAIRS AND MAINTENANCE?
A landlord must keep the property in a fit and habitable condition. This includes keeping the electrical, plumbing, heating and other facilities in good and safe working condition, and supplying running water. The landlord must also install an approved smoke detector.
  1. WHAT ARE THE TENANT'S RESPONSIBILITIES FOR MAINTENANCE?
The tenant must maintain the premises in a reasonably clean and safe condition, using appliances and facilities in a reasonable way. A tenant may not damage or remove any part of the premises and must maintain the smoke detector in good working order.
  1. WHAT IS A SECURITY DEPOSIT?
A security deposit is money given by a tenant, generally in advance, to secure payment to a landlord for damage to, or cleaning of the rented premises, or to secure payment of rent to the landlord. A landlord who requires a security deposit must give a new tenant, before that tenant moves in, a statement of the condition of the premises.
  1. WHEN CAN A LANDLORD KEEP A SECURITY DEPOSIT?
A landlord cannot withhold money for cleaning charges unless the landlord gives the departing tenant written notice of cleaning which needs to be done, and gives the tenant 48 hours to complete the cleaning. A landlord also cannot withhold money for cleaning or damages unless the landlord gives the tenant, within 30 days after the tenancy is terminated, a written list of any rent due and damage and cleaning charges. With the list, the landlord must return the balance of the security deposit not kept for cleaning, damages, or unpaid rent. The departing tenant should give the landlord written notice of his or her new address. Tenants who fail to do this lose some of their rights against landlords who wrongfully withhold security deposit money. If after inspections there is no unpaid rent due, no damage or cleaning expenses, and no unpaid utilities owing by tenant, the landlord is required to return the security deposit within ten (10) days.
  1. CAN A LANDLORD ENTER THE RENTED PROPERTY WITHOUT THE PERMISSION OF THE TENANT?
A landlord may enter a dwelling unit without the tenant's consent only in case of an emergency; pursuant to court order; when the tenant has abandoned or surrendered the premises, to make repairs when a tenant has failed to do so after 14 days written notice; or, when reasonably necessary during a tenant's absence of more than seven days. A tenant may not unreasonably withhold consent to the landlord to enter the dwelling unit to inspect or make necessary repairs. The landlord generally must give the tenant at least 24-hours notice of the landlord's intent to enter and may enter only at reasonable times.
  1. CAN A LANDLORD ADOPT AND ENFORCE RULES FOR TENANTS?
Yes, subject to some conditions, a landlord can adopt and enforce reasonable rules regulating a tenant's use and occupation of the premises.
  1. WHAT ARE A LANDLORDS RIGHTS WHEN A TENANT FAILS TO PAY RENT ON TIME?
If rent is not paid when due, a landlord can give written notice to the tenant that the rental agreement will terminate if the rent is not paid within three days. If the rent is not paid within the three-day period, the landlord can terminate the rental agreement.
  1. IF A LANDLORD FAILS TO MAKE NECESSARY REPAIRS CAN A TENANT MAKE THE REPAIRS AND DEDUCT THE COST FROM THE RENT?
If a landlord fails to make repairs which are the landlord's legal responsibility, and the failure affects health and safety, the tenant can make the repairs and deduct the cost from the rent if:
1. the repairs do not cost more than one month's rent, and
2. the tenant has given the landlord notice and the landlord has failed to make the repairs within a reasonable time.
  1. ARE ATTORNEY FEES RECOVERABLE IN A COURT ACTION ON A RENTAL AGREEMENT?
Yes. Generally, in an action on a rental agreement, reasonable attorney's fees and costs may be awarded to the prevailing party.
  1. WHAT IS HOUSING DISCRIMINATION?
Housing discrimination occurs when prospective tenants are prevented from living in a house, apartment or mobile home of their choice due to their race, color, national origin, sex, age, religion, physical or mental handicap, metal status or the presence of children in the family. If you think you have been denied housing for one or more of these reasons, you can call the Montana Human Rights Commission, 1-800-542-0807, to file a complaint and learn more about your rights under Montana's fair housing laws.
  1. WHAT IF I ENTER MILITARY SERVICE?
The Soldiers' and Sailors' Civil Relief Act (SSCRA) permits a tenant who enters active military service after renting an apartment to cancel the pre-service lease by delivering written notice to the landlord. The effective date of the termination will depend upon the type of lease.
The above information can also be found here.

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Tenant Tips

As stated above in item #5, "A landlord who requires a security deposit must give a new tenant, before that tenant moves in, a statement of the condition of the premises." It appears, then, that a landlord's failure to supply such a statement would automatically entitle you to the return of your deposit.

Similarly, a landlord's failure to comply with the law as described in item #6, namely, "A landlord cannot withhold money for cleaning charges unless the landlord gives the departing tenant written notice of cleaning which needs to be done, and gives the tenant 48 hours to complete the cleaning. A landlord also cannot withhold money for cleaning or damages unless the landlord gives the tenant, within 30 days after the tenancy is terminated, a written list of any rent due and damage and cleaning charges." Failure to comply here would also seem to guarantee the return of your deposit.

However, a decision could depend on a magistrates predisposition in such cases. If anyone has experience in the local courts relating to tenant/landlord disputes, I would appreciate your input.

If you are in the process of renting an apartment or rental property, here are additional things you can do:

  1. Insist on a lease. If a landlord says he doesn't require you to sign a lease, HE IS NOT DOING YOU A FAVOR! What he's telling you is that he does not intend to give you the protection a lease might provide. A lease is the place where you can iron out details, put them in writing, and have them signed. For example, if the landlord states that you can park in a carport that's on the property, and this is something that's important to you, then get it in writing.
  2. Take pictures before you move in, especially of damaged areas on floors, walls, ceilings, cabinets, windows, carpets, and appliances. These are all areas that landlords enjoy citing when attempting to substantiate their failure to return your deposit. Have the film developed immediately so the date of processing will correspond to the time you moved in. I also advocate taking pictures when you move out, after you have cleaned. I usually include the front page of that day's daily newspaper in every frame as proof of when the pictures were taken. These pictures have proven extremely helpful during litigation, especially with those landlords who fabricate damages.
  3. Point out damaged areas to friends and family who help you move in. You may have to call them as witnesses one day.
  4. If, before moving in, your landlord does provide you with a statement of the rental property's condition, make sure it's accurate and all inclusive. If it isn't, add those things that were left out, sign it, make a copy and return it to your landlord. You may want to discuss this with your landlord ahead of time. An honest landlord generally will not mind. If yours objects, this could signal you're in for rocky times.

    Comments, suggestions, insights?
    E-mail me here.

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Have You Been Abused By a Landlord?

Here's where you can let off steam while you perform a community service by warning your fellow Flathead Valley Tenants. Out of County and Out of State posters welcome.

 

REPORT A LANDLORD

 
No obscenities, please. And, if you can, try to be concise. It might suffice simply to say something like, "He (or she) violated the law as described in items 5 and 6." Of course, if you feel the need to express yourself more fully, have at it! Required fields must be filled in accurately for posts to be listed.
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Reported Landlords - Favorable and Unfavorable

(Please! We Need Reports On "Good" Landlords!)

(This is an open forum, but while we are mindful of free-speech, we will not post obvious lies or hysterical exaggerations. Posters alone are responsible for the veracity and accuracy of their statements.)

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 		Landlord Rental Address / Tenant Info / Report
Honthaas Rental Address: 825 Kelley Rd., Columbia Falls      Tenant: Ace Toscano      Email: aceyt@digisys.net       Report: These A-holes did not offer a legal lease and they violated every requirement under the law pertaining to security deposits. Besides, when we lived there, the electric wiring was not up to code, and in the winter the wind actually blew snow in through the cracks around the windows. For what they charge, you can do much better.
Bill & Tonya Carlson and agent Carla Payne, dba Landlords Ink Rental Address: 1875 Scarcello Road, Rathdrum ID 83858      From: Michele Roush      Email: mirocure@hotmail.com      Report: I do not believe that I live anywhere near Flathead Valley but in case your website goes national. I can only hope it does.

These peole have unlawfully locked us out of our rented house claiming that we had abandoned it only 3 days after the last night we stayed there. I am in the process of filing a law suit on these people and my attorney feels that we will prevail.

I am so sick of landlords that take advantage of tenants because in most cases the tenants just walk away from their money. I for one and tired of paying to have a house painted because we hung a picture on the wall. Most of the time no matter how clean you leave a house you are lucky to get any money back from your deposit. Yes I am fed up.

Thanks for providing a place to report such landlords and I wish you the best of luck with your website.

Michele Roush

Steve Cerniglia Rental Address: 100 Arch Street 1st Floor, Butler, NJ     Tenant: Christine Predmore      Email: Christine.Predmore@procurenet.com     Report: Report: According to the law, it is required for the landlord to pay the tenants the entire security within 30 (thirty) days. This guy has been holding out on the remainder for 60. He is stating that he spoke with the water and electric people said that I hadn't paid the last months rent and that he would not be held responsible for the money. When in fact I contacted the Water/electric company who stated that it is against the law to discuss MY account with anyone... even the landlord and that if I suddenly disappeared off the face of the earth that the remaining balance would be taken out of the security that I left with THEM. I have on line banking and know when the check had cleared. now all of a sudden he is saying that they are saying i did not pay it when in fact I know I have. I just don't want this guy to get away with someone elses hard earned money. thank you. (OUT OF STATE ALERT FROM NJ)
Carol Tretola Rental Address: 51 Miller Stile Road, Quincy, Mass 02169nbsp;    Tenant: Edward Jacoby      Email: ej@yahoo.com     Report: Please do not rent from this landlord she owns several properties in the Qunicy Massachusetts area. She has no heat. Plenty of ants, bugs, roaches, and rats. She is a true slumlord. She runs ads in the Boston Globe on a Daily basis. She is always being sued by tenants. Whenever a complaint is made she will try to evict you. She is white trailer partk trash,
Butch Swarzenberger Rental Address: 235 Cobbler Villiage RD.     Tenant: SE     Email: WyldWun1@aol.com     Report: MY HUSBAND AND I MOVED INTO THIS PROPERTY ON JULY 10 1999. THE PREVIOUS RENTERS DESTROYED THE DOORS AND WINDOWS OF THIS PROPERTY.THE LANDLORD WAS INFORMED OF THIS RIGHT AWAY...THOUGH HE DID ABSOLUTELY NOTHING ABOUT IT. WE HAVE NOW LIVED THERE FOR ALMOST THREE MONTHS AND NOTHING HAS BEEN DONE ABOUT THIS. I HAVE CONTACTED HIM MANY TIMES AND HE KEEPS TELLING ME THAT THE DOOR IS ON THE WAY. WELL, WE HAVE SEEN NO DOOR...NOT ONLY THAT MY HUSBAND HAS GOTTEN SICK FROM IT AND NOW I AM COMING DOWN WITH A COLD. DOES THIS SEEM FAIR TO YOU?? HE PROVIDED US WITH NO LEASE COPY AND HAS VIOLATED ALL OF THE LANDLORD RESPONSIBILITIES. WE ALSO HAD A LEAKY FAUCET AND IT TOOK HIM 2 WEEKS TO FIX IT..NOT ONLY THAT BUT HE CAME UP TO FIX IT, SAID HE DIDNT HAVE THE RIGHT PARTS AND THEN TURNED THE COLD WATER OFF FOR A WEEK. THESE ARE JUST A FEW OF THE THING HE HAS DONE. IF YOU HAVE ANY FEED BACK ON THIS I WOULD LIKE TO KNOW. THANK YOU.
Landlord Rental Address: Tenant: Email: Report:
Landlord Rental Address: Tenant: Email: Report:
Landlord Rental Address: Tenant: Email: Report:
Landlord Rental Address: Tenant: Email: Report:

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Flathead Valley Tenants Support Page is provided by Ace Toscano as a public service.

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