Montana Landlords - Are You in Compliance with the New Law Which Requires Carbon Monoxide Detectors?

The 2009 Montana Legislature passed SB 161 which requires carbon monoxide detectors in dwelling units rented by a landlord and a notice from a seller concerning the presence of a carbon monoxide detector upon the sale of a residence. SB 161 became law on October 1, 2009.

SB 161 MCA § 70-24-303 of the Montana Residential Landlord Tenant Act. Effective October 1, 2009, in addition to a smoke detector a landlord is also required to install in each dwelling unit under the landlord's control an approved carbon monoxide detector bearing a label or other identification issued by an approved testing agency.

When signing a new rental agreement, the landlord shall verify that the carbon monoxide detector is in good working order. During the tenant's rental period, the tenant is responsible to maintain the carbon monoxide detector in good working order.

As is the case with smoke detectors, and presuming that the landlord complies with the law to install a carbon monoxide detector and test it upon commencement of the rental agreement, a landlord is not liable for damages caused as a result of the failure of the carbon monoxide detector.

And in real estate transactions, a seller must provide written notice to the buyer that the dwelling to be purchased is equipped or is not equipped with a carbon monoxide detector. SB 161 modifies MCA § 70-20-113 so that carbon monoxide detectors are now included in the notice that formerly pertained only to smoke detectors.

Source: Montana Association of Realtors(R)