Refusing to Move In After Inspection: Montana Renter Rights

When preparing to move into a new rental in Montana, an inspection can reveal important information about the property’s condition. As a renter, understanding your rights if issues are discovered during a move-in inspection is crucial. This guide explains when you may refuse to move in based on state law, what forms and steps to use, and where to get official help.

Montana Rental Inspections and Move-In Rights

Montana law requires rentals to be habitable and free from major hazards when you move in. A move-in inspection, usually done with the landlord, documents the unit’s condition at the start of your tenancy. This inspection is also a good time for the landlord to provide required disclosures about health or safety risks.

What Makes a Rental 'Uninhabitable'?

The rental must comply with basic health and safety standards. Under Montana law, a unit is considered uninhabitable if it lacks:

• Safe and working plumbing, heating, and electrical systems
• Access to hot and cold running water
• Functional locks and windows
• Adequate weatherproofing
• No serious pest infestations

Landlords must also disclose any known lead-based paint hazards or health/safety issues.^[1]

Can You Legally Refuse to Move In?

According to the Montana Residential Landlord and Tenant Act, you can refuse to move in or take possession if:

• The unit is uninhabitable or poses an immediate threat to health or safety
• Required move-in disclosures are missing
• The landlord fails to make agreed repairs before your move-in date

You must notify the landlord, in writing, describing the conditions or missing disclosures. This written notice is important to protect your rights and request the immediate correction of problems.^[2]

Required Montana Forms and Where to Get Them

• Move-In/Move-Out Inspection Checklist (No Official Form Number):
  Download from Montana Housing Division
  Use this form during your inspection to record all issues. For example, tick the boxes for damaged appliances or missing smoke detectors. Attach photos where possible.
• Landlord-Tenant Complaint Form (Montana Department of Commerce):
  See the complaints and assistance section
  Use it if the landlord refuses to remedy major deficiencies or denies your right to refuse moving in based on uninhabitable conditions.

You can find additional forms and renter rights tips on the Montana Department of Commerce Renter Rights page.

Official Tribunal for Renters in Montana

Montana does not have a specialized residential tenancy tribunal. Rental disputes are typically handled by the Montana Justice Courts. If negotiation fails, you may file a complaint or small claims action in your local Justice Court.

Steps to Take If You Want to Refuse Moving In

Here’s what you should do if you plan to refuse, based on your inspection:

• Complete the move-in inspection form, noting problem areas.
• Take clear photos as evidence.
• Send a written notice to your landlord detailing the issues and stating you’re refusing to take possession until they’re fixed.
• If the landlord does not respond promptly, use the Montana Department of Commerce complaint process or consider legal action in Justice Court.

If you decide against moving in entirely, you may be entitled to a return of any pre-paid rent and security deposit, as long as you correctly document the uninhabitable conditions.

FAQ: Montana Renters and Move-In Refusals

1. Can I get my deposit back if I refuse to move in after inspection?
   Yes. If you refuse because the unit does not meet Montana’s habitability standards, you may be entitled to a full return of your security deposit and pre-paid rent. Document everything in writing.
2. Is a landlord required to provide a move-in inspection form?
   While it is not mandatory for the landlord to provide a specific form, Montana law encourages both parties to inspect the rental and sign off on an inspection checklist.
3. What should I do if the landlord won’t fix the problems?
   Send a written demand for repairs. If there is no prompt response, you can file a complaint with the Montana Department of Commerce or open a case in Justice Court.
4. Do I need an attorney to refuse to take possession?
   No, you are not required to have a lawyer, but you may consult one if the landlord disputes your claim or you fear retaliation.
5. Where do I report serious habitability violations in Montana?
   You can contact your local Montana Justice Court, report issues to the Montana Department of Commerce, or reach out to local housing advocates.

Conclusion: Key Takeaways

• Montana renters have the right to refuse to move in if the rental is uninhabitable or lacking required disclosures.
• Document all issues during your inspection and notify the landlord in writing.
• If problems persist, use official forms and seek support from Montana Justice Courts or state agencies.

Protect your rights by staying organized, using official forms, and seeking help if needed.

Need Help? Resources for Renters

• Montana Department of Commerce: Renter Rights — comprehensive state resources and complaint forms
• Montana Justice Courts — where rental disputes are typically heard
• Montana Legal Services Association — free or low-cost legal help for Montana renters
• CDC: Lead Hazard Information — requirements for rental disclosures

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1. Montana Department of Commerce – Montana Renter Rights
2. Montana Residential Landlord and Tenant Act

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