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ASUM Off-Campus Renter Center
UC 105, ASUM Suites
Missoula, MT 59812
RenterCenter@mso.umt.edu
Office: 406-243-2017
Many landlords require you to give them notice of absences longer than 7 days. This is partly because in cold weather, pipes can freeze and then burst causing a lot of damage to their property and yours. If you notify the landlord, they can warn you about this occurrence and can monitor the property while you are gone. Talk to your landlord and ask whether you should leave the faucets dripping and what temperature to leave the thermostat.
Refer to: 70-24-322
Don't let this happen to your Porsche!
...and you will be responsible for the damages incurred while you were away regardless of whether that provision was in the rental agreement because you caused the damage. Don't let this happen to your Porsche!
Refer to: 70-24-426
Condition reports are important. If a landlord doesn't give you a condition report, you may not be held responsible for damages. A condition report tells new renters the condition of the premises before they moved in and without this documentation, it is difficult to say who did what to the property upon move out.
Did you receive a condition report, but didn't turn it in? Some landlords will assume the unit is considered "perfect" by the tenants if they didn't return the report. You may be held responsible for the damages, even if you didn't cause them. Contact The Renter Center for more information.
Refer to: 70-25-201 & 70-25-206
Landlord didn't return your depost? If nothing is witheld, the deposit is due back to the tenant within 10 days of the lease ending; if something is witheld (even a penny!), the deposit is due back to the tenant within 30 days.
Landlord charging you for things that needed to be done anyway? Landlords can't charge you for normal maintenance. Repainting walls, re-roofing, or putting in new carpet may be unnecessary charges if they are extremely old and needed updating. For example, if the carpet is 20 years old and you left it in the same condition as it was when you moved in, the landlord may not be able to charge you to replace the outdated shag carpeting.
Refer to the Security Deposit Act
Your landlord must give you 24 hours notice to enter your dwelling, unless an emergency situation arises.
Refer to: 70-24-312
Talk to The Renter Center.
Refer to: 70-24-422
Broken heater? Your landlord is required to provide heat during certain times of the year.
Refer to: 70-24-303
Month-to-Month Lease: Your landlord does not have to give you a reason to evict if you are on a month-to-month lease. S/he does have to give you 30 days written notice.
Automatic Renewal of Lease? Check your lease to see if your lease goes month-to-month or if you have an automatic renewal. Regardless, you need to give 30 days notice to the landlord BEFORE the end of the lease if you want to leave.
Refer to: Part 2: Rental Agreements
The new medical marijuana law doesn't necessarily allow you to grow plants in your rental unit? The new medical marijuana law brings forth a lot of new questions with renting so please talk to your landlord before proceeding.
Many units don't allow smoking in apartments and medical marijuana has not been approved on a federal level. Also, consider that if you are on a month-to-month lease, the landlord does not have to have a reason to give you a 30 days notice to vacate.
Mold is a difficult rental issue. Contact The Renter Center for more information.
The landlord can terminate the rental agreement if you have an unauthorized pet in just 3 days. S/he will give you 3 days to remove the pet and then if the pet is not removed, S/he can give you 3 days notice to vacate.
Refer to: 70-24-422
You have the right to a safe rental!
Refer to: 70-24-303
Get an inspection!
The Renter Center and The City have teamed up to provide scholarships for a the Voluntary Residential Inspection Program (VRIP). When you request a VRIP, the city inspector will come to your rental to inspect for 11 health and safety violations. The inspector will not contact your landlord or owner until AFTER the inspection. A copy of the violations are mailed to the landlord and it is then between the city and the landlord to fix it. Ask The Renter Center for a FREE inspection.
Find more information on the VRIP here.
If you have someone move in who is not on your lease, the landlord can give you 3 days for them to move out and then give 3 days for YOU to move out if the new resident doesn't move out.
Refer to: 70-24-422
Roommate Agreements can be helpful. Agree on important aspects like: how much each roommate pays, how and when parties will take place, etc. Download a roommate agreement.
Landlords are not required to disclose that a sexual or violent offender resides in the complex.
Refer to 24-210-828 (3)(f)
You can look up registered violent and sexual offenders HERE
All apartments must have smoke detectors and carbon monoxide detectors. But YOU, as the tenant, are responsible for keeping it up (new battery, etc). The landlord can charge you with non-compliance if you don't maintain it.
Refer to: 70-24-303
You can not sublet your place without written agreement by your landlord. Ask your landlord and then get a signed agreement with the landlord and the subleter.
You can check past gas and electric charges (averages) for free when you call the utilities company.
North Western Energy: (888) 467-2669
Disclaimer:The information found at The Off-Campus Renter Center are not that of an attorney. Please contact ASUM Legal Services (if a student) or your attorney for legal advice. The information found here is intended for educational purposes only and should be used for ones own pursuit of mitigating disputes.
