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Montana residential landlord tenant law, tenant's rights for dangerous living conditions
We live in Montana, the house we are renting it but it has only about an inch of insulation in it. I found out the insulation up there has asbestos in it. Since it is not to code with the thickness and it is a health issue, does my landlord have to pay to have the old stuff removed and the new insulation put in. The house is an older house I think it was built in the 1960's I am not sure. Trying to get the landlord to pay to fix anything is like pulling teeth. Do I have grounds to fight her if she does not want to remove the old insulation and add the new insulation? Thanks for your help,
Attorney answers (1)
Thanks for using Avvo. I am an Avvo Staff Moderator. To read more about our moderation team, follow the link below. Because Avvo does not yet have a lawyer directory in your state, you may not receive a lawyer response. My goal is to give you some preliminary information and guidance regarding your legal situation while you wait for an attorney in your area to respond.
http://www.avvo.com/attorneys/98101-wa-avvo-mod... Amazingly I found this linked resource that at least should offer you a place to start your research. I just briefly looked at the RESIDENTIAL LANDLORD AND TENANT ACT under section 70-24-303. Landlord to maintain premises and found the landlord's obligation to keep the premises in a fit and habitable condition. I would argue that insulation with asbestos is not habitable. Keep in mind though that if your rental agreement is on a month to month basis, your landlord may decide it is not worth it and simply end the agreement. If you want a definitive answer you can contact a Montana lawyer through the linked Lawyer Referral Service; they usually charge a nominal fee. Good luck.
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