Montana Tenant Essential-Service Substitute-Housing and Rent-Excusal Notice
Montana Tenant Essential-Service Substitute-Housing and Rent-Excusal Notice
Before you use this: MCA § 70-24-408(1)(c) permits reasonable substitute housing during a qualifying essential-service failure and excuses rent for the period of the landlord's noncompliance. The tenant must first give written notice and a reasonable opportunity to correct. This route does not itself promise reimbursement for substitute housing. A tenant proceeding under § 70-24-408 cannot also proceed under §§ 70-24-406 or 70-24-407 for the same breach.
Date: [__/__/____]
To landlord or authorized agent: [NAME AND ADDRESS]
From tenant: [NAME, PHONE OR EMAIL]
Rental premises: [STREET ADDRESS, UNIT, CITY, MONTANA, ZIP]
Service failure and earlier notice
You purposefully or negligently failed to supply [HEAT / RUNNING WATER / HOT WATER / ELECTRICITY / GAS / OTHER ESSENTIAL SERVICE] contrary to [LEASE TERM OR LANDLORD DUTY]. The failure began on [__/__/____] and has affected the dwelling as follows: [FACTS]. The basis for describing your failure as purposeful or negligent is [FACTS]. Neither I nor a family member or another person on the premises with my consent caused it.
I gave written notice of the breach on [__/__/____]. You received it on [__/__/____] by [METHOD AND PROOF]; a copy is attached. You had a reasonable opportunity to correct the condition because [PERIOD, ACCESS, AND CIRCUMSTANCES]. It remained uncorrected as of [DATE AND TIME].
Substitute housing and rent period
I procured reasonable substitute housing at [LOCATION OR PROVIDER] beginning [__/__/____] because [WHY IT WAS NEEDED]. I expect to use it through [__/__/____], subject to restoration of the service. I will update you promptly when the service is restored or the substitute-housing period changes.
I elect the substitute-housing route under MCA § 70-24-408(1)(c). I am excused from paying rent for the period of your noncompliance, presently [START DATE] through [END DATE OR CONTINUING]. Rent otherwise attributable to that period is $[____], calculated as [RENT PERIOD, DAILY OR OTHER ALLOCATION, AND MATH]. Rent outside that period remains $[____] due on [__/__/____]. I am not claiming reimbursement of substitute-housing costs under this provision, and I will not also proceed under §§ 70-24-406 or 70-24-407 for this breach.
Please confirm the restoration plan and any correction to these dates or calculations at [CONTACT].
Tenant signature: [________________________________] Date: [__/__/____]
Enclosures and delivery record
☐ Earlier written notice and delivery proof
☐ Proof of service interruption and substitute housing
☐ Rent allocation calculation
I delivered this notice and its enclosures to [NAME] on [__/__/____] by [METHOD] at [ADDRESS OR DELIVERY DETAILS].
Person making delivery: [________________________________]
Sources and References
About this template
- Last updated
- November 5, 2026
- Citations checked
- November 5, 2026
- Jurisdiction
- Montana
- Category
- Landlord & Tenant
Legal authority
- MCA § 70-24-408(1)(c), (2)-(3)
Landlord-tenant paperwork governs who can stay in a property, on what terms, and what happens when something goes wrong. Leases, notices to quit, security deposit demands, and habitability complaints all have state and often city-specific requirements for timing, content, and service. Getting the paperwork right is what makes an eviction actually succeed or a security deposit actually come back, because judges regularly dismiss cases over small procedural mistakes.
Not legal advice
This template is provided for informational purposes. We recommend having an attorney review any legal document before signing, especially for high-value or complex matters.
Checked against the law it cites
A reviewer verified this template's legal citations against the official source on November 5, 2026.
MCA § 70-24-408(1)(c) (checked November 5, 2026): "procure reasonable substitute housing during the period of the landlord's noncompliance"
MCA § 70-24-408(1)(c) (checked November 5, 2026): "the tenant is excused from paying rent for the period of the landlord's noncompliance"
MCA § 70-24-408(2) (checked November 5, 2026): "the tenant may not proceed under 70-24-406 or 70-24-407 as to that breach"
MCA § 70-24-408(3) (checked November 5, 2026): "the tenant has given notice to the landlord and the landlord has had a reasonable opportunity to correct the conditions"
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