What happens in Montana if the park fails to provide essential services?

The tenant gets remedies. Under Mont. Code Ann. §70-33-406, if the landlord fails to provide 'running water, electricity, gas, and other essential services,' the tenant may, after notice and a reasonable chance to fix it, 'procure reasonable amounts' of the service and 'deduct the actual and reasonable cost from the rent,' recover 'damages based upon the diminution in the fair rental value,' or 'procure reasonable substitute housing' and be 'excused from paying rent' for that period. This is general information, not advice about a specific bill — consider consulting a licensed attorney in Montana.

Mobile home utilities and essential services in Montana

Q: Does a Montana landlord have to maintain utility hookups?

Yes, for what it supplies. Under §70-33-303(1), a landlord shall 'maintain in good and safe working order and condition all electrical, plumbing, sanitary, heating, ventilating, air-conditioning, and other facilities and appliances ... supplied or required to be supplied by the landlord.'

Q: Does a Montana resident have to give notice first?

Yes. Under §70-33-406(3), the tenant's rights 'do not arise until the tenant has given notice to the landlord and the landlord has had a reasonable opportunity to correct the conditions,' and the remedies don't apply if the tenant caused the problem (subsection (4)).

Montana's Residential Mobile Home Lot Rental Act does not set a submetering formula, but it requires the landlord to maintain the utility facilities it supplies and gives tenants strong remedies when essential services fail. The information below describes how the law generally works; anyone disputing a specific charge should consider consulting a licensed attorney in Montana.

What the statute says

Mont. Code Ann. §70-33-406 addresses a landlord's failure to provide essential services. After notice and a reasonable chance to correct, the tenant 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.

Those rights "do not arise until the tenant has given notice to the landlord and the landlord has had a reasonable opportunity to correct the conditions" (§70-33-406(3)), and don't apply if the tenant caused the problem (subsection (4)). Separately, §70-33-303(1) requires the landlord to "maintain in good and safe working order and condition all electrical, plumbing, sanitary, heating, ventilating, air-conditioning, and other facilities and appliances ... supplied or required to be supplied by the landlord."

How it works in general

In a Montana park, the landlord must keep the utility facilities it supplies in good and safe working order. If the landlord fails to provide an essential service — running water, electricity, gas, and the like — the tenant who has given notice and a reasonable chance to fix it can self-help: buy the service and deduct the reasonable cost from rent, sue for the drop in the lot's fair rental value, or get substitute housing and stop paying rent for that period. The Act doesn't cap utility billing or set a submetering method — those terms come from the rental agreement — but it backs essential service with real remedies, and an interruption of essential services is treated as a "case of emergency" under §70-33-103.

Common scenarios

General examples Montana park residents commonly encounter:

The park's water or power to the lot fails. After notice, the tenant may procure the service and deduct the cost, or seek other remedies (§70-33-406).
A supplied utility hookup breaks. The landlord must keep its facilities in good and safe working order (§70-33-303).
A utility charge is questioned. Billing terms come from the rental agreement; regulated utility rates are overseen by the Public Service Commission.

Other authorities that may apply

The Residential Mobile Home Lot Rental Act governs essential services and the landlord's maintenance duty, and is read with the general Residential Landlord and Tenant Act (Title 70, chapter 25) under §70-33-109. The Montana Public Service Commission regulates utilities and their rates, and the rental agreement sets the billing terms. Federal law can apply in particular situations.