HomeMy WebLinkAbout12-02-25 Public Comment - A. Hall - MLSA comments on draft ordinance regarding tenant's right to counselFrom:Amy Hall
To:Bozeman Public Comment; Joey Morrison; Emma Bode; Jennifer Madgic; Douglas Fischer; Terry Cunningham
Subject:[EXTERNAL]MLSA comments on draft ordinance regarding tenant"s right to counsel
Date:Monday, December 1, 2025 6:05:49 PM
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Montana Legal Services Association provides these written comments concerning the
draft ordinance regarding a tenant’s right to counsel.
MLSA suggests that the City reconsider the restrictive definition of “tenant” and of“landlord” in the draft ordinance, and use instead the same definitions for those terms as
provided in Montana Code.
“Tenant”
The draft city ordinance defines "tenant" as someone who is a signatory on a writtenrental agreement. Sec. 2.09.120 (A)(1). However, an oral, unwritten rental agreement is
enforceable in Montana, with no need for anyone’s signature. The definition in the MCA of“rental agreement” includes “all agreements, written or oral…” 70-24-103 (15) and 70-33-103
(16).
It is not uncommon for MLSA to assist tenants who have oral agreements, rather thanwritten rental agreements. Sometimes the tenant has rented from the same landlord for many
years and never had a written agreement. Sometimes the tenant has a written agreement with aprevious property management company, but then a new company takes over management
and has not asked the tenant to sign a new agreement.
The draft ordinance’s restrictive definition of “tenant” would make ineligible renterssuch as these, for example: 1) a renter who is now 20 years old and has lived in the rental for 5
years, but who never signed the lease because they were a minor, 2) a husband who is thespouse of the renter who signed the lease, but the husband never signed it because he was out
of town at that time; 3) a roommate of the person who signed the lease, where the roommatemoved in with consent of the landlord and has been paying rent for months, but where the
landlord has never asked the roommate to sign the lease.
MLSA’s suggestion would be for the City to consider using the MCA definition of"tenant" in the ordinance. Perhaps the ordinance’s definition of tenant could read something
like:
"Tenant" means a person residing within the city who meets the definition of "tenant"in 70-24-103, MCA or in 70-33-103, MCA.
“Landlord”
Similarly, “Landlord” is defined in the ordinance to require a written rental agreement.
See Sec. 2.09.120 (A)(2). It is unclear why the City has chosen to restrict application of theordinance to only landlords and tenants with written leases, and why the ordinance does not
use the same definitions as in Montana Code. MLSA regularly encounters landlords who have
been in business for many years and who don’t use property managers and use only oral rentalagreements.
MLSA’s suggestion would be for the City to consider using the MCA definition of
“landlord” in the ordinance, something like:
“Landlord means a person residing with the city who meets the definition of “landlord”in either 70-24-103(9), MCA, or 70-33-103(7), MCA.
If the City decides to remove the requirement of a written agreement, then thesesections of the draft ordinance would also need to be edited:
· 2.09.130 (B) “A tenant with a written agreement with a landlord for the tenant’s
use of the landlord’s property is eligible for civil legal services for coveredproceedings.”
· 2.09.140 (B) “All landlord and tenants with a written rental agreement for a
residential property within the city are eligible for mediation services when funded andimplemented by the city.” Thank you for your consideration of these comments. I look forward to attending
tomorrow's meeting in person.
-- --Amy HallSupervising Attorneyshe/her
Montana Legal Services Association616 Helena Avenue, Suite 100Helena, MT 59601Phone: (406) 442-9830 x 1114 Fax: (406) 442-9817Email: ahall@mtlsa.org