Can I legally withhold rent in Montana if my landlord won’t fix something?

You may deduct repair costs (up to one month’s rent) after giving your landlord written notice and waiting 14 days. For major issues, you can ask the court to set up rent escrow.

What if my landlord tries to evict me after I ask for repairs?

You're protected if you follow Montana’s notice process. Keep records of your communications to defend against retaliation.

Do I need a specific form to tell my landlord about repairs?

No mandatory state form exists, but always send written notice and keep a copy. Templates are on the Montana Courts forms page.

Which services are considered “essential” for repair disputes?

Heat, water, electricity, plumbing, and structural repairs are considered essential under Montana law.

Where do I file for rent escrow or tenant repair action?

File officially in Montana Justice Court. Forms and instructions are available on the courts’ website.

Montana Rent Escrow & Withholding Rent for Repairs Guide

Maintenance, Repairs & Habitability Montana published: June 21, 2025

If you’re renting in Montana and facing health or safety issues due to a landlord’s failure to make repairs, you have specific rights under state law. Understanding how to use rent escrow or withhold rent safely can protect you from eviction and help ensure your home stays habitable. This guide explains how Montana renters can legally withhold rent for repairs and the exact steps to follow under state law.

What Is Rent Escrow and When Can You Use It in Montana?

Rent escrow is a legal process allowing renters to pay their rent to a third party (usually the court) instead of their landlord when serious repairs are not being made. Montana law gives tenants the right to use rent escrow or to address repairs themselves and deduct costs in certain situations. However, strict procedures must be followed.

Habitability Requirements and Landlord Responsibilities

Under the Montana Residential Landlord and Tenant Act, landlords must:

Keep rental units safe and fit for living ("habitable")
Repair heating, plumbing, electrical, and other essential services
Follow housing codes affecting health and safety

If these duties are not met, tenants may have the right to take action, including withholding rent in some cases.

How to Legally Withhold Rent for Repairs in Montana

Montana law does not allow tenants to simply stop paying rent. Instead, renters must follow specific steps:

Give your landlord written notice clearly describing the needed repairs
Allow a reasonable period (usually 14 days) for your landlord to make repairs
If the repair is not made, you may hire a professional, pay for the repair, and deduct the cost from your rent (up to one month’s rent)
If the repair affects health/safety or essential services—such as lack of heat, plumbing, or water—consider seeking relief through a court action (rent escrow)

If you don’t follow these steps exactly, your landlord could start eviction proceedings even if repairs are needed. Always document everything in writing and keep receipts.

Official Forms for Montana Renters

Notice to Landlord of Required Repairs (No official form number)
Use this letter to notify your landlord in writing of repairs needed. Include the date, address, and specific details of the repair. You can find a template from the Montana Self-Help Law Center under the landlord-tenant forms section.
Example: You notice a broken heater in winter. Send a written notice to your landlord describing the problem and requesting repair within 14 days.
Complaint for Relief (Justice Court)
If the landlord refuses to repair, and you need to ask the court for relief (such as setting up a rent escrow), file a complaint with your local Montana Justice Court. The form is available on the Montana Courts forms page.
Example: After giving notice and waiting the required time, the landlord still hasn’t repaired unsafe plumbing. You file a complaint with the court requesting permission to pay rent into escrow until repairs are made.

Filing the right form and following each step establishes your case and protects you against eviction.

Where to File: Montana Tribunal for Landlord-Tenant Disputes

All official rental housing disputes in Montana are handled by the Montana Justice Court. This court manages rent escrow applications, habitability complaints, and related actions.

Relevant Legislation in Montana

Your rights and responsibilities are set out in the Montana Residential Landlord and Tenant Act of 1977. Be sure to review Section 70-24-406: Landlord to Maintain Premises for requirements around repairs and habitability.

Summary of the Rent Escrow & Withholding Rent Process

Renters should:

Document problems and all attempts to contact the landlord
Give the landlord 14 days to respond to written repair requests (or less for urgent cases)
Pay for repairs or file for rent escrow only after landlord fails to act
Use court-approved forms and consider seeking advice from Montana’s legal aid resources

Tip: Never stop paying your rent without following the proper Montana procedures. Doing so could risk eviction—even if your unit is unsafe.

FAQs: Renters’ Rights to Withhold Rent for Repairs in Montana

Can I legally withhold rent in Montana if my landlord won’t fix something?
Tenants can deduct repair costs (up to one month’s rent) after giving their landlord proper written notice and waiting 14 days. For more serious issues, you may ask the court for a rent escrow arrangement instead of unilaterally withholding rent.
What if my landlord tries to evict me after I ask for repairs?
Landlords cannot legally retaliate, but you are only protected if you follow Montana’s proper process. Keep documentation of all your communications and notices.
Do I need to use a specific form to notify my landlord of repairs?
While there’s no mandatory state form, use a written notice with details of the issue, the date, and your contact information. Template notices are available on the Montana Courts forms page.
What services are considered “essential” for repair claims?
Heat, running water, electricity, sewer, and structural safety are essential under Montana’s law. Lack of any of these may allow you to take faster action.
Where do I file a rent escrow or repair complaint?
Rent escrow and landlord-tenant complaints are filed in the local Montana Justice Court. Forms and instructions are on the courts website.

Key Takeaways for Montana Renters

Follow Montana’s notice and waiting requirements before deducting repair costs or seeking rent escrow
Never simply stop paying rent—use the correct legal process to avoid risking eviction
Keep written records and copies of all notices, repairs, and court forms

By understanding your rights and following the proper steps, you can protect yourself and ensure your rental remains safe and livable.

Need Help? Resources for Renters

Montana Justice Court Directory – Find your local court to file rent escrow or repair cases
Montana Court Self-Help Landlord-Tenant Forms – Download official repair request templates and complaint forms
Montana Legal Services Association – Housing Resources – Free support for renters with landlord-tenant disputes
Montana Residential Landlord and Tenant Act (1977) – Your rights and obligations under state law

Montana Residential Landlord and Tenant Act of 1977
Montana Justice Courts – Landlord-Tenant Tribunal
Montana Court System – Landlord-Tenant Forms