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Overview
Montana is one of the few states with specific mold legislation. The Montana Mold Disclosure Act (MCA 70-16-701 through 70-16-703) requires landlords to disclose known mold and prior mold testing to tenants before signing a lease. Additionally, Montana has a strong implied warranty of habitability under the Residential Landlord and Tenant Act of 1977 (MCA 70-24-303), which requires landlords to maintain rental properties in a fit and habitable condition. Tenants have meaningful remedies including repair and deduct (up to one month's rent), lease termination for habitability violations, and the right to recover damages for landlord non-compliance. [Montana Mold Disclosure Act - MCA Title 70, Chapter 16, Part 7]
What to Do Now
Most people come here because they need practical next steps quickly. Start here, then use the legal sections below for your state-specific rights.
- Fix active leaks immediately and dry wet materials within 24 to 48 hours.
- Document visible mold with photos, dates, and affected rooms before cleanup.
- If you rent, send written notice and keep copies. Use the documentation guide to track everything.
- Compare your options in the DIY vs professional guide before starting larger cleanup.
- If symptoms are present, review when to seek medical care.
Tenant Rights
Right to Habitable Premises
Tenants have the right to live in a rental property that meets local health and safety codes. The landlord must maintain the property in a fit and habitable condition, including addressing issues that affect health and safety such as mold problems caused by building deficiencies.
Right to Mold Disclosure
Under the Montana Mold Disclosure Act, tenants have the right to be informed about known mold in a rental property before signing a lease. If the landlord knows mold is present or that prior testing has occurred, they must disclose this information along with any available test results and evidence of treatment.
Landlord Responsibilities
Maintain Habitable Premises
Landlords must comply with all applicable building and housing codes affecting health and safety, make all necessary repairs to keep the property fit and habitable, and maintain all electrical, plumbing, sanitary, heating, ventilating, air-conditioning, and kitchen facilities in safe working condition.
Disclose Known Mold
Under the Montana Mold Disclosure Act, landlords who know that mold is present in a rental property must disclose this to prospective tenants before signing a lease. The disclosure must occur prior to or upon entry into the rental contract.
Remedies Available to Tenants
Rent Withholding
Not Available: Montana does not allow tenants to withhold rent to force landlord repairs. While tenants have other remedies such as repair and deduct and lease termination, rent withholding is explicitly not permitted. Tenants who withhold rent may face eviction and could be liable for up to three times the amount of lost rental income. However, if the landlord fails to provide essential services (heat, water, electricity), tenants may obtain substitute housing and be excused from paying rent during the landlord's non-compliance period.
Repair and Deduct
Available: Montana allows repair and deduct for habitability issues affecting health and safety. Tenants may make repairs that do not cost more than one month's rent and deduct the cost from rent, but only after giving the landlord written notice and a reasonable time to make repairs. For emergency repairs, the tenant may have repairs made only by a qualified person if the landlord fails to respond. For failure to provide essential services (heat, water, electricity), tenants may procure these services and deduct actual costs from rent after providing written notice.
Breaking a Lease Due to Mold
Documentation and Escalation
Mold Risk in Montana
Understanding Montana's unique climate and environmental factors helps explain why mold can be a significant concern in rental properties.
Montana's Semi-Arid Continental Climate
Montana has a semi-arid continental climate with cold winters and warm, dry summers. Annual precipitation varies from 10-20 inches in the eastern plains to over 100 inches in mountain areas. While outdoor humidity is typically low, indoor moisture challenges arise from tight building construction designed for cold weather, basement moisture, and spring snowmelt.
Cold Climate Moisture Challenges
Montana's cold climate creates unique mold challenges. Buildings sealed for energy efficiency can trap indoor moisture. Winter condensation on cold surfaces and ice dam roof leaks are common issues. Spring snowmelt can cause basement flooding. While outdoor conditions are dry, indoor mold problems occur from these moisture sources.
Mold Disclosure Act
Montana is one of the few states with specific mold legislation. The Montana Mold Disclosure Act (MCA 70-16-701 through 70-16-703) requires landlords to disclose known mold and prior mold testing to tenants before signing a lease. This gives Montana tenants more information than available in most states.
Spring Snowmelt and Flooding
Montana experiences significant spring snowmelt that can cause flooding and basement water intrusion. Mountain communities are particularly affected. Ice jams on rivers can cause sudden flooding. These water events can lead to mold problems if not promptly addressed.
Common Mold Types in Montana
Montana's cold climate creates unique mold challenges. Buildings sealed for energy efficiency can trap indoor moisture. Winter condensation on cold surfaces, ice dam roof leaks, and spring snowmelt flooding are common issues. Mountain areas receiving over 100 inches of precipitation face higher moisture challenges.
Cladosporium
Common in Montana homes during cold winters where condensation accumulates on cold surfaces and windows.
Penicillium
Grows on water-damaged materials from ice dam roof leaks, spring snowmelt, and basement flooding.
Aspergillus
Found in tightly sealed buildings where indoor moisture from daily activities accumulates during long Montana winters.
Alternaria
Common in basements and crawl spaces affected by spring snowmelt flooding, particularly in mountain communities.
Aureobasidium
Often found on painted wood surfaces and window frames where winter condensation occurs.
Mold Professional Requirements in Montana
Mold Legislation in Montana
Enacted laws, pending bills, and historical legislation related to mold in Montana.
Enacted Laws
Chapter 584, Laws of 2003: Montana Mold Disclosure Act
Requires landlords and sellers to disclose known mold to tenants and buyers before entering into rental or purchase contracts. If mold testing has been conducted, landlords must advise tenants that testing occurred and provide copies of results and evidence of any subsequent mitigation or treatment. Landlords who comply with disclosure requirements receive immunity from mold-related liability claims.
Impact: Montana became one of the few states with specific mold disclosure legislation, giving tenants and buyers more information about mold conditions than is required in most states.
Implied Warranty of Habitability
Montana has a strong implied warranty of habitability under the Residential Landlord and Tenant Act of 1977 (MCA 70-24-303). Landlords must comply with all applicable building and housing codes materially affecting health and safety, make all necessary repairs to keep the property fit and habitable, maintain electrical, plumbing, sanitary, heating, ventilating, air-conditioning, and kitchen facilities in safe working condition, keep common areas clean and safe, provide waste disposal, and supply running water and hot water at all times. Landlords must also supply reasonable heat from October 1 through May 1, and must install and maintain smoke and carbon monoxide detectors. [Montana Code Annotated 70-24-303 - Landlord to Maintain Premises]
Mold Disclosure Requirements
Local Regulations
Some cities in Montana have additional mold regulations:
Major City Mold Guides
Start with a local guide, then review the full Montana mold law details.
Billings, MT
Local mold risks, prevention priorities, and next steps for Billings.
Missoula, MT
Local mold risks, prevention priorities, and next steps for Missoula.
Great Falls, MT
Local mold risks, prevention priorities, and next steps for Great Falls.
Bozeman, MT
Local mold risks, prevention priorities, and next steps for Bozeman.
Helena, MT
Local mold risks, prevention priorities, and next steps for Helena.
Financial Assistance for Mold Remediation
These programs may help cover the costs of mold assessment and remediation for eligible residents in Montana.
Montana Housing Home Improvement Programs
Provides low-interest loans and grants for home repairs including mold remediation for qualifying Montana homeowners.
Eligibility: Low-income homeowners at or below 80% AMI
Phone: 406-841-2840Learn More →
USDA Section 504 Home Repair Program
Provides loans and grants to very low-income homeowners in rural Montana for essential repairs including mold remediation.
Eligibility: Very low-income homeowners in rural areas (below 50% AMI)
Coverage: Grants up to $10,000 for elderly homeowners; loans up to $40,000 at 1% interest
Montana Legal Services Association Housing Assistance
Provides free legal assistance to low-income Montana residents with housing issues including landlord-tenant disputes over mold.
Eligibility: Low-income Montana residents
Phone: 1-800-666-6899Learn More →
University Extension Resources
These research-based resources from university extension programs provide reliable information on mold prevention and remediation.
Frequently Asked Questions
Does Montana have specific mold laws for rental properties?
Yes. Montana is one of the few states with specific mold legislation. The Montana Mold Disclosure Act (MCA 70-16-701 through 70-16-703) requires landlords to disclose known mold to tenants before signing a lease. If prior mold testing has been conducted, landlords must also disclose that testing occurred and provide available results and evidence of treatment.
Is my landlord required to disclose mold before I sign a lease in Montana?
Yes, if the landlord has knowledge that mold is present. Under MCA 70-16-703, landlords must disclose known mold before entering into a rental contract. They must also disclose any prior mold testing and provide test results if available. However, the law notes that it is the tenant's responsibility to determine whether a mold problem exists, and tenants may want to hire a qualified inspector.
Does Montana have an implied warranty of habitability?
Yes. Under MCA 70-24-303, Montana landlords must maintain rental properties in a fit and habitable condition. This includes complying with health and safety codes, making necessary repairs, maintaining essential systems (plumbing, electrical, heating, etc.), and providing running water and hot water at all times.
Official Resources
These official resources can help you understand your rights and take action: