Montana Rental Property Drinking Water Safety Standards

Safe, drinkable water is essential for healthy living, and Montana renters have clear rights when it comes to water quality in their rental homes. Landlords must provide access to water that meets state and federal safety standards. Knowing your rights, and what to do if you suspect unsafe drinking water, can help protect your health and home.

What Are Montana's Safe Drinking Water Requirements for Rentals?

Both Montana state laws and federal guidelines require that water provided in rental properties is safe for drinking, cooking, and bathing. Typically, if your home uses city water, quality is regulated and monitored by the city or county. If your rental uses a private well, the landlord is responsible for ensuring the water meets health standards.

• City (Public) Water: Must comply with the Federal Safe Drinking Water Act and be regularly tested.
• Private Wells: Landlords must ensure the water is potable (safe to drink) per the Montana Administrative Rules.

Montana’s Residential Landlord and Tenant Act states that landlords must maintain rental units in a "fit and habitable condition," which includes ensuring access to safe water.^[1]

Landlord Responsibilities

• Ensure plumbing delivers safe, potable water at all times
• Repair water supply or contamination issues promptly
• Comply with both state and local water safety ordinances

Public health agencies may require landlords to test and treat water, especially when a well serves more than one dwelling.

Your Rights as a Renter

• You have the right to report water quality problems to your landlord
• If issues aren’t fixed, you may file a complaint
• You have the right to request water quality information

What to Do If You Suspect Unsafe Water

If your water smells strange, is discolored, or you’re concerned about possible contaminants, take action quickly. Here’s what you can do:

• Notify your landlord in writing. Be specific about what you notice and request immediate testing or a repair.
• If the landlord doesn’t respond in a reasonable timeframe (typically 14 days), consider filing a formal complaint.
• For city water concerns, contact your local water utility or health department directly for assistance.

Official Complaint Forms and How to Use Them

• Montana Department of Environmental Quality (DEQ) Complaint Form
  When to use: If you believe your rental’s drinking water is unsafe and your landlord has not resolved the issue after notice.
  How to use: Fill out the online DEQ Complaint Form detailing the water issue and your rental address. Attach written communication with your landlord if possible. The DEQ investigates complaints about water sources, especially private wells.
• Sample Notice of Noncompliance (Montana Residential Landlord and Tenant Act)
  When to use: To provide your landlord with required written notice of the water problem.
  How to use: Use the guidance from the Montana Legal Help Landlord-Tenant page for drafting a notice. While there is no specific official form, written notice is key. State the issue ("drinking water appears unsafe due to..."), requested remedy, and date sent.

Residential Tenancy Disputes in Montana

The body responsible for handling landlord–tenant disputes in Montana is the Montana Justice Court. This court can address cases where landlords fail to provide safe living conditions, including access to safe drinking water.

Relevant Montana Tenancy Legislation

• Montana Residential Landlord and Tenant Act of 1977 – Section 70-24-303 covers landlord maintenance duties, including water supply.

FAQ: Montana Rental Property Drinking Water Standards

1. Can I withhold rent if my rental's drinking water is unsafe?
   Usually, you must first notify your landlord in writing and give them a reasonable chance to fix the problem. Withholding rent without following the proper steps may put you at risk of eviction.^[1]
2. How long does my landlord have to fix a drinking water issue?
   Your landlord generally has 14 days after receiving written notice to resolve essential service issues under Montana law. For serious health hazards, urgent action may be required.^[1]
3. Who tests the water if my rental uses a private well?
   Your landlord is responsible for ensuring the well water is safe. The local health department or the Montana DEQ may test the water if a complaint is filed.
4. Are there penalties if landlords ignore unsafe water complaints?
   Yes, landlords can face legal action in Justice Court and may be ordered to repair issues, provide damages, or terminate leases for noncompliance.
5. What if my landlord says water issues are not their problem?
   Landlords are legally obligated to provide safe, habitable housing—including drinkable water. Contact your local health department or Justice Court if the issue remains unresolved.

Conclusion: Key Takeaways for Montana Renters

• Landlords must ensure access to safe, drinkable water in their rental properties — whether from a public system or a private well
• If you suspect water is unsafe, give written notice to your landlord and seek government help if issues are not addressed
• Support and resources are available through county health departments, the Montana DEQ, and Justice Courts

Staying informed helps keep your household healthy and ensures your rights as a Montana renter are respected.

Need Help? Resources for Renters

• Montana Justice Court Tenant-Landlord Resources – Learn about your rights and dispute resolution
• Montana Residential Landlord and Tenant Act of 1977 – Official Legislation
• Montana Department of Environmental Quality – File a water complaint or get testing information
• Montana Department of Public Health & Human Services – Water Quality
• EPA Safe Drinking Water Standards (Federal)

---

1. Montana Code Annotated § 70-24-303 – Landlord obligations for safe and habitable premises

Categories

Renter Rights & Legal Protections Lease Agreements & Renewals Rent, Fees & Security Deposits Moving In: Inspections & Disclosures Moving Out & Ending a Lease Maintenance, Repairs & Habitability Health & Safety Standards Evictions & Lease Violations Roommates, Subletting & Shared Housing Discrimination & Fair Housing Laws Accessibility & Disability Accommodations Utilities, Services & Billing Affordable Housing & Rental Assistance Rent Control & Rent Stabilization Privacy Rights & Landlord Entry Security, Locks & Emergency Protections Dispute Resolution & Legal Aid Retaliation & Harassment Protections Mobile Home & Manufactured Housing Rights Special Housing Types & Situations