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When the Landlord Will Not Hand Over the Keys

MCA 70-24-405 — no rent until possession, 5 days' notice to end the lease, and up to 3 months' rent for bad faith

At the start of the term, the landlord delivers possession of the premises as the rental agreement and the law require. A landlord who accepts rent or a deposit from someone intending to move in has consented to their possession.

  • MCA 70-24-302
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Who handles this in Montana: legal aid programs, lawyer referral and the state offices, listed in the Montana directory.

  • If the landlord does not deliver possession, rent abates until it is delivered.
  • The tenant may end the agreement on at least 5 days' written notice and get back all prepaid rent and the deposit.
  • Or the tenant may demand performance, sue for possession against the landlord or whoever is wrongfully there, and recover actual damages.
  • MCA 70-24-405

Bad faith. When a failure to deliver possession is purposeful and not in good faith, the person responsible owes up to 3 months' periodic rent or treble damages, whichever is greater.

  • MCA 70-24-405
Sources for this section (2)
  1. MCA 70-24-302 — Landlord to deliver possession of dwelling unit
  2. MCA 70-24-405 — Failure of landlord to deliver possession -- tenant's remedies

Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Montana attorney.

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