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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

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Mont. Code Ann. § 70-33-303

Mont. Code Ann. § 70-33-303 Montana state

(b) 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 70-33-321 ;

Mont. Code Ann. § 70-33-303

Mont. Code Ann. § 70-33-303 Montana state

(b) 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 70-33-321 ;

Mont. Code Ann. § 70-24-303

Mont. Code Ann. § 70-24-303 Montana state

(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 ;

Mont. Code Ann. § 70-24-303

Mont. Code Ann. § 70-24-303 Montana state

(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 ;

Mont. Code Ann. § 70-24-303

Mont. Code Ann. § 70-24-303 Montana state

(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 ;

Mont. Code Ann. § 70-24-303

Mont. Code Ann. § 70-24-303 Montana state

(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 ;

Edie v. Gray, 2005 MT 224 (2005)

Edie v. Gray, 2005 MT 224 (2005) Montana state

expressly required Gray to “make repairs . . . to . . . keep the premises in a fit and habitable

Kunst v. Pass, 1998 MT 71 (1998)

Kunst v. Pass, 1998 MT 71 (1998) Montana state

(b) make repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition; ....

Kunst v. Pass, 1998 MT 71 (1998)

Kunst v. Pass, 1998 MT 71 (1998) Montana state

(b) make repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition; . . . .

Section 70-24-303

Calder v. Anderson, 911 P.2d 1157 (1996) Montana state

. The legislature by adopting the URLTA has accepted the policy reasons on which the warranty of habitability is based. These are the need for safe and adequate housing, recognition of the inability of many tenants to make repairs, and of...

Calder v. Anderson, 911 P.2d 1157 (1996)

Calder v. Anderson, 911 P.2d 1157 (1996) Montana state

... The legislature by adopting the URLTA has accepted the policy reasons on which the warranty of habitability is based. These are the need for safe and adequate housing, recognition of the inability of many tenants to make repairs, and of...

Edie v. Gray, 2005 MT 224 (2005)

Edie v. Gray, 2005 MT 224 (2005) Montana state

(1) A landlord: ... (c) shall make repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition; ... (e) shall maintain in good and safe working order and condition all electrical, plumbing, sanitary, heating...

Sutton v. Lebrun, 217 Mont. 304 (1985)

Sutton v. Lebrun, 217 Mont. 304 (1985) Montana state

...Affirmed that § 70-24-303 (landlord's duty to maintain) creates an implied warranty of habitability with non-waivable minimum standards. Tenant remedies under § 70-24-406 (notice and right to repair-and-deduct or abate) and § 70-24-411...

Kintner v. Harr, 408 P.2d 487 (1965)

Kintner v. Harr, 408 P.2d 487 (1965) Montana state

...E.C.M.1947, must “repair all deteriorations or injuries thereto occasioned by his ordinary negligence.” We have held that the proper scope of section 42-201 applies only to property used for habitation purposes and is not applicable *482

Kunst v. Pass, 1998 MT 71 (1998)

Kunst v. Pass, 1998 MT 71 (1998) Montana state

...the Defendants breached the duty imposed by the Act to "make repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition," and "maintain in good and safe working order and condition all...

Kunst v. Pass, 1998 MT 71 (1998)

Kunst v. Pass, 1998 MT 71 (1998) Montana state

...the Defendants breached the duty imposed by the Act to "make repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition," and "maintain in good and safe working order and condition all...

Mathes v. Adams, 254 Mont. 347 (1992)

Mathes v. Adams, 254 Mont. 347 (1992) Montana state

...examples of violations of the warranty of habitability. In the case at bar, the testimony of Magruder is particularly revealing with regard to his true expectations of Brandvold in maintaining or repairing the trailer court. Q. And yet you expected...

Bush v. Baker, 51 Mont. 326 (1915)

Bush v. Baker, 51 Mont. 326 (1915) Montana state

...counterclaim for damages based upon averments that it was the duty of *332the plaintiff to beep the premises habitable by repairing all subsequent dilapidations not of defendant’s causing, which rendered them untenantable, that after he entered into possession such...

Samuelson v. A.A. Quality Construction, Inc., 230 Mont. 220 (1988)

Samuelson v. A.A. Quality Construction, Inc., 230 Mont. 220 (1988) Montana state

...To hold that having as much as six inches of water in the basement in a new home does not violate the warranty of habitability is, in my view, a mistake. Had the basement not been repaired at a cost...

Samuelson v. AA QUALITY CONST., 749 P.2d 73 (1988)

Samuelson v. AA QUALITY CONST., 749 P.2d 73 (1988) Montana state

...To hold that having as much as six inches of water in the basement in a new home does not violate the warranty of habitability is, in my view, a mistake. Had the basement not been repaired at a cost...