Secondhand Smoke Complaints: Renters' Rights in Montana

Secondhand smoke in rental housing is a concern for many Montana renters who want to ensure a healthy living environment. If you’re experiencing issues with cigarette, cigar, or marijuana smoke drifting into your home, understanding your rights and how to act is key to resolving the issue. This guide covers Montana’s health and safety standards, the legal steps for handling secondhand smoke complaints, and where you can turn for official help.

Montana’s Laws on Smoke-Free Housing

While Montana state law does not explicitly ban smoking in private apartment units, it does set standards for safe and habitable rentals. Under the Montana Residential Landlord and Tenant Act, landlords are required to keep rentals "fit and habitable," which may include addressing health concerns like smoke infiltration¹.

• Montana’s Clean Indoor Air Act prohibits smoking in shared indoor spaces, such as hallways or laundry rooms in apartment buildings.
• Landlords can include no-smoking policies in leases and may designate entire buildings as smoke-free.

If secondhand smoke is entering your unit from shared spaces or another apartment, you may have grounds for a complaint based on health and safety standards.

What to Do If You Have a Secondhand Smoke Complaint

Start by documenting the issue and communicating with your landlord. Most disputes about smoke can be resolved informally, but having a record is important if further action is needed.

Step-by-Step: Addressing Secondhand Smoke

• Document incidents: Note the dates, times, and locations where smoke is entering your unit. Photographs or health notes can help.
• Review your lease: Check if there’s a no-smoking clause. Lease provisions may support your complaint.
• Contact your landlord/property manager: Notify them in writing about the issue. Request repairs or enforcement of no-smoking rules if applicable.
• Request formal intervention: If informal communication doesn’t resolve the problem, move to an official written complaint.

If your landlord fails to address the secondhand smoke issue, you may file a health or habitability complaint using official forms and seek assistance from Montana’s tenant-landlord dispute agencies.

Relevant Official Forms and How to Use Them

• Notice of Noncompliance with Rental Agreement (Form No. MT-R-110)
  When and how to use: This form is used to notify your landlord that they are not complying with health and safety requirements or with lease terms (for example, failing to maintain a smoke-free policy or address harmful smoke).
  Practical example: A renter experiences secondhand smoke due to a neighbor violating the building’s no-smoking rule. The landlord does nothing after informal requests. The renter fills out and delivers Form MT-R-110 as a formal written notice.
  Download the Notice of Noncompliance (Montana Judicial Branch)
• Complaint and Request for Hearing (Landlord-Tenant Dispute, Justice Court Form)
  When and how to use: If the landlord does not remedy the problem within a reasonable time, renters can submit this form to the county Justice Court. This starts official legal proceedings.
  Practical example: After sending the Notice of Noncompliance and allowing time for the landlord to act, the renter files this Complaint and Request for Hearing to have a judge decide the matter.
  Download the Complaint and Request for Hearing Form (Montana Judicial Branch)

Who Handles Residential Landlord-Tenant Disputes in Montana?

Residential tenancy disputes in Montana—such as those about repairs or secondhand smoke—are handled by the Montana Justice Courts. Each county has its own Justice Court, which hears cases about rental housing issues.

Understanding Your Rights Under Montana Law

The governing law for renters and landlords is the Montana Residential Landlord and Tenant Act. This legislation details:

• Your right to a "fit and habitable" dwelling
• The process for giving notice to your landlord about problems
• Your options if your landlord does not respond

FAQ: Secondhand Smoke and Montana Rental Housing

1. Can my landlord prohibit smoking in my apartment?
   Yes, landlords in Montana can establish smoke-free policies and include no-smoking clauses in the lease. These rules are enforceable if listed in your lease agreement.
2. What should I do if my neighbor’s smoking affects my health?
   First, document the issue and contact your landlord. If not resolved, send a formal Notice of Noncompliance and consider seeking help from Montana Justice Court if the landlord does not act.
3. Am I protected by Montana’s Clean Indoor Air Act in my apartment?
   The Act protects you in shared indoor spaces (like hallways or common rooms) but does not apply inside private units. However, lease rules and general habitability standards may still apply.
4. Where can I file a complaint if my landlord ignores the issue?
   You can file a Complaint and Request for Hearing with your county’s Montana Justice Court. Find your local court via the Montana Justice Courts directory.
5. Do I have to move out if my landlord does not fix the smoke problem?
   No, but if the issue is severe and affects your health, you may have legal grounds to end your lease early through the official process. Always seek legal counsel for your situation before deciding.

Conclusion: Key Takeaways for Montana Renters

• Montana landlords must keep rentals habitable, which may include addressing dangerous secondhand smoke exposure.
• Use official forms (like the Notice of Noncompliance) to protect your rights and create a formal record.
• The Montana Justice Courts handle formal disputes if negotiations with your landlord fail.

Remember: Document everything and use the official process for the best chance at resolving smoke complaints.

Need Help? Resources for Renters

• Montana Justice Courts Directory – Find your local court for formal complaints.
• Montana Judicial Branch Landlord-Tenant Forms – Access official forms for complaints and hearings.
• Montana Clean Indoor Air Act Information – Learn about smoke-free laws in shared spaces.
• Montana Legal Services Association – Free legal resources for renters.
• Montana Residential Landlord and Tenant Act – Full text of the law protecting renters' rights.

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1. Montana Residential Landlord and Tenant Act (Title 70, Chapter 24 MCA)
2. Montana Clean Indoor Air Act (DPHHS Montana)
3. Montana Justice Courts
4. Montana Judicial Branch Landlord-Tenant Forms

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