{"data":{"id":"us-mt/70-33-404","jurisdiction":"us-mt","citation":"70-33-404","heading":"Landlord's failure to deliver premises -- tenant's remedies.","body":"(1) If the landlord fails to deliver possession of the lot to the tenant as provided in 70-33-302, rent abates until possession is delivered and the tenant may:\n(a) terminate the rental agreement upon at least 5 days' written notice to the landlord and, upon termination, the landlord shall return all prepaid rent and security; or\n(b) demand performance of the rental agreement by the landlord and, if the tenant elects, maintain an action for possession of the lot against the landlord or a person wrongfully in possession and recover the actual damages sustained by the tenant.\n(2) If a person's failure to deliver possession is purposeful and not in good faith, an aggrieved party may recover from that person an amount of not more than 3 months' rent or treble damages, whichever is greater.","path":["TITLE 70. PROPERTY","CHAPTER 33. MONTANA RESIDENTIAL MOBILE HOME LOT RENTAL ACT","Part 4. Remedies"],"source_url":"https://mca.legmt.gov/bills/mca/title_0700/chapter_0330/part_0040/section_0040/0700-0330-0040-0040.html","current_through":"Montana Code Annotated 2025","vintage":"","retrieved_at":"2026-09-14T04:58:49Z","sha256":"2c3581476421a38de9bc4c2666fe66c0cfe7ab541cdce97ad2fe3b625e8a4bcd","source_id":"us-mt","stale":false,"prev":"us-mt/70-33-403","next":"us-mt/70-33-405"},"notice":"GroundRules: Original legal text. Not legal advice."}