1. Communicate with your landlord
Talk to your landlord first. You can explain your rights. You can show them the law that says the landlord must make repairs. It is usually better if you can work out the problem with your landlord before taking more action. If you do work out a deal with your landlord, you may want to write down what the landlord agreed to do, and have the landlord sign the agreement. Keep a copy for yourself.
2. Give the landlord a written request
If your landlord still won’t make the repairs, send a written request. The law requires a written request before you move onto your next options. Your written request should:
- Be in writing. Handwritten is OK, it doesn't have to be typed; using a fill-in-the-blank form letter is OK; emailing is OK;
- State the problem;
- Ask the landlord to make the repair;
- Be delivered to the landlord.
When you send the written repair request, make sure it is dated and keep a copy for yourself. You can hand deliver the repair request or mail it. If you mail it, you should consider paying extra for a certificate of mailing. A certificate of mailing shows you sent the letter when you said you did. The Postal Service doesn’t keep a copy of the certificate of mailing. Be sure to keep your copy.
Sending the repair request Certified Return Receipt can show when the person actually got the letter. But it does not always work because the landlord could refuse to pick up the letter.
Click here for our Repairs Demand letter to send to your landlord and ask for repairs.
3. Give your landlord time (3 – 14 days) to make repairs
After getting your written request, the amount of time the landlord has to make the repair depends on whether the repair is an emergency.
If it's an emergency, the law gives the landlord 3 business/working days to make repairs. If it's not an emergency, the law gives the landlord 14 calendar days to make non-emergency repairs.
The law does not say what an emergency situation is. You’ll need to rely on your best judgment or the advice of a lawyer.
If the landlord doesn't make the repairs within the 3-14 days after getting your written request, go to the next step.
4. Consider your options
You have 3 options for what to do next. If your landlord still won’t make repairs after you have followed the steps above, you may:
- End your lease agreement and move out, or
- Repair and deduct, or
- Sue your landlord.
End your lease agreement and move out
You can choose to end your lease agreement and move out, in two different situations:
- You can end your lease agreement 30 days after you gave the landlord the written request, if the landlord does not make the repairs within the 3 working day or 14 calendar day deadline. Read the law for yourself at M.C.A. § 70-24-406. After 30 days is up, be sure to let your landlord know that you have terminated your lease agreement and have moved out.
- If you have had to give your landlord a second written request to repair the same problem within 6 months, you may end your lease agreement in 14 or more calendar days after the second written request. See the law for yourself at M.C.A. § 70-24-406. Important: You must say in your second request the date that you will end your lease agreement because of the landlord's failure to repair. The date you choose must be at least 14 days from the date of your notice.
Important: Make sure you keep records of the date you asked for the repair and when you move out. That could be important if you have to go to court. If you move out, give your landlord your new address to send you your security deposit. Your landlord has to follow Montana law about refunding your security deposit. Learn more about how to protect your security deposit.
Repair and deduct
The rules for repair and deduct are very specific. You’ll want to make sure that you carefully follow the law for repair and deduct. Otherwise, you could risk eviction. You can learn more by reading our article on Repair and Deduct.
Sue your landlord
You may be able to sue the landlord for failing to make repairs after you have given a written repair request and the landlord has not made the repairs. You can sue the landlord:
- For actual damages caused by the lack of repairs; and
- To force the landlord to make the repairs.
"Actual damages" means the amount that you actually suffered in out-of-pocket losses or injuries because of the landlord's failure to repair. You can’t just make up a number, even if it is reasonable. You would have to the show the court the actual loss of money or cost of the injury that was caused by the landlord failing to make the repairs.
In your lawsuit, you can ask the court to force the landlord to make the repairs. The law calls this injunctive relief.
Going to court is complicated, and there a pros and cons to suing your landlord. It is a good idea to talk to a lawyer before you sue your landlord. If you have a good case, you may be able to find a lawyer to represent you without a large fee upfront, because if you win in court, the judge may order the landlord to pay your attorney fees. You can check out the law for yourself at M.C.A. § 70-24-442.
A lawyer can help you understand the pros and cons of filing suit, so that you may make the best decision for you. A lawyer can also help you follow the correct legal steps to sue the landlord. Montana Legal Services Association provides civil, non-criminal legal help to eligible clients at no charge.
Summary
Your landlord must make repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition. The landlord must also follow their obligations in the lease agreement. If your landlord does not make necessary repairs or follow the lease agreement there are specific steps you must take. Those steps are to:
- Communicate with your landlord about the needed repairs.
- Give the landlord a written request to make the repairs and keep a copy for yourself.
- Give your landlord time to make the requested repairs.
- If the landlord doesn’t make the repairs, consider your options:
- End your lease agreement and move out, or
- In certain circumstances, get the repairs done yourself and deduct the cost from the rent, or
- File suit against the landlord to force the repairs.
If you have any questions, it’s a good idea to talk to a lawyer.
