Cal. Civ. Code § 70-24-303

Landlord To Maintain Premises -- Agreement That Tenant Perform Duties -- Limitation Of Landlord's Liability For Failure Of Smoke Detector Or Carbon Monoxide Detector

In Force
Verified 10/22/2026 · Next check 11/21/2026
effective 10/22/2026MontanaHabitability & Repair

Operative Text

Cal. Civ. Code § 70-24-303
(1) Subject to 27-1-1603 , a landlord:
(a) shall comply with the requirements of applicable building and housing codes materially affecting health and safety in effect at the time of original construction in all dwelling units where construction is completed after July 1, 1977;
(b) shall make repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition, except when it is the tenant's responsibility to maintain the dwelling unit pursuant to 70-24-321 ;
(c) shall keep all common areas of the premises in a clean and safe condition;
(d) shall maintain in good and safe working order and condition all electrical, plumbing, sanitary, heating, ventilating, air-conditioning, and other facilities and appliances, including elevators, supplied or required to be supplied by the landlord;
(e) shall, unless otherwise provided in a rental agreement, provide and maintain appropriate receptacles and conveniences for the removal of ashes, garbage, rubbish, and other waste incidental to the occupancy of the dwelling unit and arrange for their removal;
(f) shall supply running water and reasonable amounts of hot water at all times and reasonable heat between October 1 and May 1, except if the building that includes the dwelling unit is not required by law to be equipped for that purpose or the dwelling unit is so constructed that heat or hot water is generated by an installation within the exclusive control of the tenant; and
(g) shall install in each dwelling unit under the landlord's control an approved carbon monoxide detector, in accordance with rules adopted by the department of labor and industry, and an approved smoke detector, in accordance with rules adopted by the department of justice. Upon commencement of a rental agreement, the landlord shall verify that the carbon monoxide detector and the smoke detector in the dwelling unit are in good working order. The tenant shall maintain the carbon monoxide detector and the smoke detector in good working order during the tenant's rental period. For the purposes of this subsection (1)(g), an approved carbon monoxide detector, as defined in 70-20-113 , and an approved smoke detector, as defined in 70-20-113 , bear a label or other identification issued by an approved testing agency having a service for inspection of materials and workmanship at the factory during fabrication and assembly.
(2) If the duty imposed by subsection (1)(a) is greater than a duty imposed by subsections (1)(b) through (1)(g), a landlord's duty must be determined by reference to subsection (1)(a).
(3) A landlord and tenant may agree in writing that the tenant perform the landlord's duties specified in subsections (1)(e) and (1)(f) and specified repairs, maintenance tasks, alteration, and remodeling but only if the transaction is entered into in good faith and not for the purpose of evading the obligations of the landlord.
(4) A landlord and tenant may agree that the tenant is to perform specified repairs, maintenance tasks, alterations, or remodeling only if:
(a) the agreement of the parties is entered into in good faith and not for the purpose of evading the obligations of the landlord and is set forth in a separate writing signed by the parties and supported by adequate consideration;
(b) the work is not necessary to cure noncompliance with subsection (1)(a); and
(c) the agreement does not diminish the obligation of the landlord to other tenants in the premises.
(5) The landlord is not liable for damages caused as a result of the failure of the carbon monoxide detector or the smoke detector required under subsection (1)(g). (Terminates January 1, 2031--sec. 15, Ch. 2, L. 2021.)
Source: Legislative text reproduced verbatim
Plain English

Mont. Code Ann. § 70-24-303 sets out a landlord's core maintenance obligations for residential rental properties in Montana. These include complying with applicable building and housing codes, keeping premises fit and habitable, maintaining common areas, keeping all major systems and appliances in safe working order, providing waste removal, supplying running water and heat during the colder months, and installing approved smoke and carbon monoxide detectors. The law also allows landlords and tenants to shift certain maintenance duties to the tenant through a written agreement, provided the arrangement is made in good faith and meets specific conditions.

Written by anthropic/claude-sonnet-4.6 · Reviewed on October 22, 2026

Plain English — not legal advice.

For Property Managers

Under Mont. Code Ann. § 70-24-303, compliant property operators generally ensure that all dwelling units meet applicable building and housing codes, remain in a fit and habitable condition, and have functioning electrical, plumbing, heating, and ventilation systems. At the start of each tenancy, operators typically verify that both the smoke detector and the carbon monoxide detector in the unit are in good working order, as required by subsection (1)(g). When shifting certain duties—such as waste removal or utility management—to a tenant, operators document the arrangement in a separate, signed written agreement supported by adequate consideration, ensuring the transfer is made in good faith and does not undermine obligations owed to other tenants.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

Mont. Code Ann. § 70-24-303 establishes a range of conditions that tenants in Montana are entitled to expect from their landlord, including a habitable unit, safe common areas, functioning major systems, running water, and heat from October 1 through May 1. Tenants should be aware that while the landlord must install and verify smoke and carbon monoxide detectors at the start of a tenancy under subsection (1)(g), the ongoing maintenance of those detectors during the rental period becomes the tenant's responsibility. Tenants who believe their landlord is not meeting these obligations may consider raising the violation as a defense in relevant legal proceedings, filing a complaint with a local housing authority, or reaching out to a tenant-rights organization for general guidance.

General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.

Generated October 22, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.

Effective Timeline

Current
Oct 22, 2026
Click on timeline segments to view historical versions.

References Out

Rules and statutes cited by this regulation

Mont. Code Ann. § 27-1-1603
Not yet ingested
Mont. Code Ann. § 70-20-113
Not yet ingested

References In

Rules and statutes that cite this regulation

Mont. Code Ann. § 70-24-426
Mont. Code Ann. § 70-24-311
Mont. Code Ann. § 70-24-108
Mont. Code Ann. § 70-24-321
Mont. Code Ann. § 70-24-302
Mont. Code Ann. § 70-24-406
Mont. Code Ann. § 70-24-406
Mont. Code Ann. § 70-24-441
Mont. Code Ann. § 70-24-108
Mont. Code Ann. § 70-24-427
Mont. Code Ann. § 70-24-108
Mont. Code Ann. § 70-24-427
Mont. Code Ann. § 70-24-108
Mont. Code Ann. § 70-24-441
Mont. Code Ann. § 70-24-321
Mont. Code Ann. § 70-24-303
Mont. Code Ann. § 70-24-411
Mont. Code Ann. § 70-24-405

Related Rules

§ 244.260
Compliance required
§ 14.567
ADOPTED BY REFERENCE
§ 244.340
Sewer and water connections

Source Information