Montana Landlord-Tenant Law
The rules for renting in Montana — security deposits, eviction, ending a lease, repairs and rent — with the statute or official page behind every answer.
Quick answers for Montana
- Security deposit limit
- No statutory cap on the amount of a residential security deposit. Mont. Code Ann. Title 70, Ch. 25 (§§ 70-25-101 to 70-25-206)
- Deposit return deadline
- 30 days after the tenancy ends (or after surrender and acceptance of the premises, whichever is first) when the landlord makes deductions; 10 days when there are no damages, no cleaning needed, no unpaid rent, and the tenant shows utilities are paid. Mont. Code Ann. § 70-25-202(1)(a)-(b)
- Notice for unpaid rent
- 3 days' written notice of nonpayment and intent to terminate; agreement terminates if rent is not paid within 3 days. Mont. Code Ann. § 70-24-422(2)
- Ending a month-to-month lease
- Month-to-month: either party may terminate with at least 30 days' written notice. Week-to-week: at least 7 days' written notice. Same periods for landlord and tenant. Mont. Code Ann. § 70-24-441
- Landlord entry notice
- At least 24 hours' notice, at reasonable times, except in an emergency or when notice is impracticable. Posting notice conspicuously on the main entry door counts as notice. Mont. Code Ann. § 70-24-312
- Rent control / increase limits
- Local rent control preempted: local governments with self-government powers may not exercise any power to control the amount of rent charged for private residential or commercial property. No statewide cap. Mont. Code Ann. § 7-1-111(26)
Last verified against official sources: 2026-10-22
Security Deposits in Montana
| Security deposit limit | No statutory cap on the amount of a residential security deposit. Based on review of every section in the security deposit chapter (Parts 1 and 2); none limits the amount. Any cleaning or damage fee, however labeled, is presumed to be a security deposit (§ 70-25-101(4)). |
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| Deposit return deadline | 30 days after the tenancy ends (or after surrender and acceptance of the premises, whichever is first) when the landlord makes deductions; 10 days when there are no damages, no cleaning needed, no unpaid rent, and the tenant shows utilities are paid. Amended 2023 (Ch. 383) and 2025 (Ch. 656). Refund may be by electronic transfer, cash, check, or mailed to the new or last-known address. Does not apply if the agreement was terminated under § 70-24-427 and the landlord has a pending court claim. The statute does not state what starts the 10-day clock. |
| Itemized deductions | Landlord must give the departing tenant a written list of rent due and damage/cleaning charges, with any refund, within 30 days. Failure to provide the list forfeits all rights to withhold any part of the deposit for damage or cleaning. Cleaning deductions require prior written notice listing the cleaning needed; the tenant then has 24 hours to do it. Allowed deductions: damage, unpaid rent, late charges, utilities, lease penalties and other money owed, and actual cleaning costs plus a reasonable charge for landlord labor (§ 70-25-201(1)). Either party may request an inspection within 1 week before the tenancy ends (§ 70-25-201(2)). Cleaning-notice rules amended 2023 and 2025 (notice may be left at the unit plus email/phone/text if tenant leaves without notice). |
| Interest on deposits | No statutory requirement to pay interest on security deposits. No section in the security deposit chapter addresses interest or a separate account. Source: Mont. Code Ann. Title 70, Ch. 25 |
| Penalty for withholding | Landlord who wrongfully withholds is liable for the amount wrongfully withheld or deducted; court may award attorney fees to the prevailing party. No multiplier. Landlord has the burden of proving tenant-caused damage. Tenant may not sue until a written denial is received, or 30 days after termination/surrender, or 10 days after landlord indicates no damages/cleaning/unpaid rent. Separately, failure to provide the list forfeits the right to withhold for damage/cleaning (§ 70-25-203). Source: Mont. Code Ann. § 70-25-204 |
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Eviction in Montana
| Notice for unpaid rent | 3 days' written notice of nonpayment and intent to terminate; agreement terminates if rent is not paid within 3 days. Mailed notice is deemed made 3 days after mailing (§ 70-24-108). "Rent" includes late fees and other charges agreed on in the rental agreement (§ 70-24-103, amended 2025). Source: Mont. Code Ann. § 70-24-422(2) |
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| Notice for lease violations | General noncompliance: 14 days' written notice (agreement ends unless remedied). 3 days for unauthorized pet, unauthorized persons residing in the unit, verbal abuse of the landlord, destroying/damaging the premises, or creating a reasonable potential for damage or harm to others. Repeat of substantially the same act within 6 months: at least 5 days. Remediable breaches (repairs, payment of damages, or landlord written approval) cured before the notice date do not terminate the lease. Landlord may instead use the 30-day no-cause notice under § 70-24-441 (§ 70-24-422(7)). Last amended 2021. |
| Lockouts & utility shutoffs | Self-help eviction prohibited: landlord may not recover possession except by court action (or after abandonment/surrender), and may not purposefully cut heat, water, hot water, electricity, gas, or other essential services. Tenant may recover possession or terminate, and recover up to 3 months' periodic rent or treble damages, whichever is greater. If the tenant terminates, the landlord must return all recoverable security and prepaid rent. § 70-24-428 URL: https://mca.legmt.gov/bills/mca/title_0700/chapter_0240/part_0040/section_0280/0700-0240-0040-0280.html |
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Notice to Vacate in Montana
| Ending a month-to-month lease | Month-to-month: either party may terminate with at least 30 days' written notice. Week-to-week: at least 7 days' written notice. Same periods for landlord and tenant. No cause required. A month-to-month tenant who stays past a lawful 30-day no-cause termination is deemed a purposeful holdover; landlord may recover up to 3 months' periodic rent or treble damages, whichever is greater (§ 70-24-429(3), amended 2023). Source: Mont. Code Ann. § 70-24-441 |
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Landlord Entry in Montana
| Landlord entry notice | At least 24 hours' notice, at reasonable times, except in an emergency or when notice is impracticable. Posting notice conspicuously on the main entry door counts as notice. Landlord may not abuse access or use it to harass. Tenant may not change or add locks without written permission. Remedies for unlawful entry in § 70-24-410. Source: Mont. Code Ann. § 70-24-312 |
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Repairs & Habitability in Montana
| Repair and deduct | Yes. After notice, if the landlord does not repair within a reasonable time, tenant may make repairs costing no more than 1 month's rent and deduct the cost from rent. For essential services (heat, water, hot water, electricity, gas) the tenant may procure them and deduct the actual, reasonable cost. Emergency repairs may only be made by a qualified person. Tenant may also terminate: 14 days to cure / termination at least 30 days after notice; emergencies 3 working days; recurrence within 6 months on 14 days' notice. Not available for tenant-caused conditions. |
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| Withholding rent | No general right to withhold rent. Limited rent relief: deduction for repairs or essential services, or rent excused while tenant procures reasonable substitute housing during an essential-services failure. In a nonpayment action the tenant may counterclaim and the court may order rent paid into court. Under § 70-24-421 the court determines amounts owed; if no rent remains due after counterclaims, judgment is entered for the tenant in the possession action. |
| Retaliation protection | Landlord may not raise rent, reduce services, or bring or threaten a possession action after the tenant complained to a government code-enforcement agency, made a written complaint to the landlord about § 70-24-303 duties, or organized/joined a tenants' union. A complaint within 6 months before the act creates a rebuttable presumption of retaliation. No presumption if the complaint came after notice of a proposed rent increase or service reduction. Landlord may still evict if the violation was tenant-caused, the tenant is behind on rent, or compliance requires demolition/major remodeling. Remedies are those in § 70-24-411 (up to 3 months' rent or treble damages); retaliation is also a defense to eviction. Source: Mont. Code Ann. § 70-24-431 |
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Rent Increases & Late Fees in Montana
| Rent control / increase limits | Local rent control preempted: local governments with self-government powers may not exercise any power to control the amount of rent charged for private residential or commercial property. No statewide cap. Excludes property in which the local government has an interest, including through a housing authority. § 7-1-111 was amended in 2023 and 2025, but the official page does not say which amendment touched subsection (26). Source: Mont. Code Ann. § 7-1-111(26) |
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| Late fees | No statutory cap or grace period. The Act sets no late-fee limit; "rent" is defined to include late fees or other charges agreed on in the rental agreement (definition amended 2025, Ch. 768). Late charges may be deducted from the deposit (§ 70-25-201(1)). Courts may refuse to enforce unconscionable provisions (§ 70-24-404). The $20/20% figure some sites cite is from the self-storage statute, not residential. |
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Breaking a Lease in Montana
| Ending a lease: domestic violence | No statute. The Residential Landlord and Tenant Act has no section letting a domestic violence, sexual assault or stalking survivor end a lease early. Related: a 'notice of no contact' between landlord and tenant is valid only under a court no-contact or protection order (§ 70-24-111). Federal VAWA rights apply in covered subsidized housing. Other Montana titles were not searched. |
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| Ending a lease: military, medical, death | No state statute found in the Residential Landlord and Tenant Act for military, medical/disability, senior, or tenant-death lease termination. Service members rely on the federal Servicemembers Civil Relief Act. Montana's military-affairs title (Title 10) was not searched for a state lease-termination provision. |
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Squatters & Abandoned Property in Montana
| Squatters / unauthorized occupants | Police removal without a court case. A person who cannot produce authorization to occupy the premises is an unauthorized person or trespasser and may be removed immediately by law enforcement at the request of the property owner or authorized agent. Authorization means a written rental agreement, written or verbal permission from the landlord, or written or verbal permission from a tenant for a guest; verbal permission counts only if the person who gave it confirms it. The owner may ask law enforcement to stand by while the locks are changed and the occupant's belongings removed. An owner or agent who knowingly gives false information must indemnify the law enforcement agency for any damages awarded against it. Enacted 2021 (Ch. 536); amended 2025 (Ch. 179). Source: Mont. Code Ann. § 70-24-113 |
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| Belongings left behind | If the tenancy ended by court order, property left behind is considered abandoned and may be disposed of immediately as allowed by law. Otherwise, if the landlord has clear and convincing evidence the tenant abandoned all property and at least 48 hours have passed since getting that evidence, the landlord may remove it and immediately discard trash and hazardous, perishable or valueless items (labeled rent-to-own/leased items need the lessor's lien confirmation). Property the landlord reasonably believes is valuable must be inventoried and stored with reasonable care. The landlord must then send written notice (certificate of mailing or certified mail, to the last-known address) that the property will be disposed of on a date at least 10 days after mailing. If the tenant replies in writing that they will collect it but does not within 7 days, it is conclusively abandoned. The landlord may sell it (public or private sale under 30-9A-610 or sheriff's sale rules) or destroy it if storage/sale would cost more than it is worth. Sale proceeds, less notice, storage, labor, sale costs and unpaid rent or damages, go to the tenant with an itemized accounting, or to the county treasurer if the tenant cannot be found. The landlord may charge reasonable storage and moving costs, which must be paid before the tenant takes the property back. The landlord must include these rules in plain language as a notification when the lease ends (§ 70-24-430(9)). Unclaimed proceeds revert to the county general fund after 3 years. The landlord is liable only for purposeful or negligent loss. Source: Mont. Code Ann. § 70-24-430 |
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Rental Fees in Montana
| Application / screening fees | No statute caps or regulates rental application or screening fees. Note that any fee or charge for cleaning and damages, however labeled, is presumed to be a security deposit (and refundable under the deposit law). Based on the full section lists of Title 70, Ch. 24 Parts 1-4 (https://mca.legmt.gov/bills/mca/title_0700/chapter_0240/parts_index.html) and Ch. 25. |
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| Other rental fees | No general statute on move-in, convenience or online-payment fees or all-in rent disclosure. Related rules: a cleaning or damage fee of any name is presumed to be a refundable security deposit, and a landlord may not require a tenant to provide an email address as a condition of the lease. Absence finding based on the Ch. 24 and Ch. 25 section lists. |
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Section 8, Records & Right to Counsel in Montana
| Section 8 / source of income | No. Montana's housing discrimination law covers sex, marital status, race, creed, religion, color, age, familial status, physical or mental disability, and national origin, but not source of income or housing vouchers. Source: Mont. Code Ann. § 49-2-305 |
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| Eviction record sealing | No statute found providing for sealing or masking eviction court records. Court rules and justice-court record policies were not checked. |
| Right to a lawyer in eviction | No statewide right to counsel in eviction cases found. |
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Mold, Pests, Heat & AC in Montana
| Mold | Montana Mold Disclosure Act: a landlord who knows mold is present must disclose it to the tenant before or when the lease is signed, and a landlord who knows the building was tested for mold must say so and give the tenant the test results (if available) and evidence of any later mitigation. A landlord may also give a statutory mold disclosure statement for the tenant to sign; a landlord who gives it, discloses prior testing and mitigation, and discloses known mold is shielded from liability based on the presence of or propensity for mold. No state mold-remediation standard; the general duty to keep the premises fit and habitable applies. The disclosure statement itself is optional ('may be provided'), but disclosure of known mold and known testing is mandatory. The liability shield applies only when all the listed disclosures are made. |
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| Pests & bed bugs | No pest- or bed-bug-specific statute. The landlord must make repairs and do whatever is necessary to keep the premises fit and habitable and keep common areas clean and safe; the tenant must keep the unit reasonably clean and safe and dispose of garbage properly. No state bed-bug disclosure or inspection requirement. Who pays for treatment generally depends on whether the infestation results from the tenant's failure to meet tenant duties. Local housing codes may add requirements. |
| Heat | Yes. The landlord must supply reasonable heat between October 1 and May 1 (plus running water and reasonable hot water at all times) and keep heating facilities in good and safe working order. No statewide minimum temperature is set. Exception: buildings not required by law to be equipped for heat, or units where heat is generated by an installation in the tenant's exclusive control. Landlord and tenant may agree in good-faith writing that the tenant handles the heat/hot-water duty (§ 70-24-303(3)). The code also shows a version of this section effective January 2, 2031. |
| Air conditioning | No state requirement to provide air conditioning or a maximum indoor temperature. If the landlord supplies air conditioning, it must be maintained in good and safe working order. |
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Privacy, Guests & Animals in Montana
| Cameras & privacy | No landlord-specific camera statute. It is a crime to hide, wait, or loiter in person or by remote electronic device in or near a residence to surreptitiously watch, observe, or record occupants without their knowledge. Landlord entry generally requires 24 hours' notice and may not be used to harass the tenant. Penalties escalate with repeat convictions (up to $10,000 and 5 years for a third offense). Visible cameras in common areas are not specifically regulated by state landlord-tenant law. |
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| Guests & occupants | No statute — lease governs. The tenant must require persons on the premises with the tenant's consent to behave so as not to disturb neighbors, and is responsible for damage by family, licensees, or invitees. No statewide occupancy limit or roommate statute; local building/occupancy codes and fair-housing law may limit occupancy restrictions. |
| Service & support animals (state law) | A person with a disability with a service animal has full and equal access to housing and may not be charged extra for it, but is liable for damage the animal causes. 'Service animal' means a dog or miniature horse individually trained to assist a person with a disability and expressly excludes emotional support animals. Misrepresenting a service animal can lead to removal and, after a prior written warning, a misdemeanor ($50 first offense; up to $1,000 for third or later). No state statute sets documentation rules for emotional support animals in housing. Emotional support animals in housing are governed by the federal Fair Housing Act and Montana's housing discrimination law (reasonable accommodation), not by these service-animal provisions. The misrepresentation sections are framed around public places and accommodations. |
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How eviction works in Montana
Eviction cases are heard in: Justice court (concurrent with district court in the county); appeals go to district court.
- Written termination notice: 3 days (nonpayment and certain violations), 14 days (other remediable noncompliance), 5 days (repeat within 6 months), or 30 days (month-to-month, no cause)
- Landlord files an action for possession (and rent/damages) after termination
- Tenant served with summons and complaint; tenant files answer (with any counterclaims) within 5 business days
- Hearing within 10 business days after appearance or answer date (5 business days if termination was for damage/harm under § 70-24-321(3)); court rules within 5 days
- If landlord wins, court immediately issues a writ of possession and writ of assistance
- Sheriff executes the writ of assistance within 5 business days of receipt (or at a time agreed with the landlord)
Answer due 5 business days after service, excluding the date of service (§ 70-24-429(4)); hearing within 10 business days (5 for § 70-24-321(3) cases); damages hearing within 45 days after possession is adjudicated.
Source: Mont. Code Ann. §§ 70-24-427, 70-24-429, 3-10-302
What surprises people about Montana rental law
- A landlord who skips the written move-in condition statement cannot recover for damage or cleaning unless it proves by clear and convincing evidence the damage occurred during the tenancy and was tenant-caused (Mont. Code Ann. § 70-25-206)
- Missing the written damage/cleaning list forfeits the landlord's right to keep any of the deposit for those charges (Mont. Code Ann. § 70-25-203)
- Only a 3-day notice is needed for an unauthorized pet, an unauthorized occupant, or verbal abuse of the landlord (Mont. Code Ann. § 70-24-422(1))
- Landlords may not prohibit tenants or guests from lawfully possessing firearms on the premises (Mont. Code Ann. § 70-24-110, enacted 2009)
- Emotional support animal documentation rules: landlords may ask for supporting information but not a diagnosis; online registrations alone are not enough (Mont. Code Ann. § 70-24-114, enacted 2023, amended 2025)
- Notice by email is valid if sent to the address in the rental agreement and confirmed by read receipt or non-automatic reply; mailed notice is deemed made 3 days after mailing (Mont. Code Ann. § 70-24-108)
- Eviction answers are due in only 5 business days (Mont. Code Ann. § 70-24-429(4), amended 2023)
Federal law that also applies in Montana
These federal rules apply on top of Montana law, mostly to discrimination, servicemembers, survivors and federally assisted housing:
- Fair Housing Act: protected classes, covered housing and exemptions: Save every listing, text and email. A discriminatory ad is illegal even when the landlord's unit is otherwise exempt. More
- Assistance animals (service and emotional support animals) in housing: Ask for the accommodation in writing, keep a copy, and if a disability or the need for the animal is not obvious, offer reliable documentation of it. More
- Servicemembers Civil Relief Act: ending a lease early: Deliver the notice and orders by a method you can prove, such as certified mail with return receipt, and keep copies. More
- Servicemembers Civil Relief Act: eviction protection: Tell the court in writing that you or your spouse are on active duty and ask for an SCRA stay. More
- VAWA housing protections: Ask the landlord or housing authority for its VAWA emergency transfer plan and request a transfer in writing. More
- CARES Act 30-day notice to vacate (covered dwellings): If your building has a federally backed mortgage or federal subsidy and you received less than 30 days' notice to vacate, raise the CARES Act as a defense. More
- HUD 30-day nonpayment notice (public housing and project-based Section 8): If you pay the full amount listed in the notice within 30 days, the landlord cannot file for eviction over that rent. More
- Housing Choice Voucher (Section 8) basics for private landlords: If a voucher landlord asks for 'side payments' above your share of the rent, refuse and report it to your PHA. More
- Lead-based paint disclosure (pre-1978 housing): If your pre-1978 lease came with no lead disclosure form and pamphlet, ask for them in writing before signing. More
- FCRA tenant screening: adverse action notices and disputes: Request your free report from the screening company within 60 days of a denial and dispute any errors in writing with supporting documents. More
- Rental 'junk fee' rulemaking and enforcement (FTC/CFPB): Before paying an application fee, ask in writing for the total monthly cost including every mandatory fee. More
- Federal eviction moratoria: Check your state and city rules, since any eviction pause now comes from local, not federal, law. More
For landlords
How to evict a tenant in Montana — steps, cost, timeline and forms.
Common Montana questions
- Can a landlord enter without notice or permission?
- How long does a landlord have to return a security deposit?
- Can a landlord evict you without going to court, change the locks or shut off utilities?
- Can I withhold rent for repairs?
- How long does an eviction take?
- How much notice does a landlord have to give before an eviction?
- Can a landlord raise the rent in the middle of a lease?
- How much notice does a landlord have to give to end a lease or not renew?
- How much can a landlord charge for a late fee?
- Can a landlord retaliate against a tenant for complaining?
- How much can a landlord charge for a security deposit?
- How long does a landlord have to sue for unpaid rent or damages?
- Can a landlord accept rent during an eviction?
- Can you be evicted in the winter?
- Can a landlord give an eviction notice by text or email?
- How much notice does a landlord have to give before raising the rent?
- Does a landlord have to give you a copy of the lease?
- What happens to tenants if the landlord goes into foreclosure?
- How long does a landlord have to keep a tenant's belongings?
- How do you remove a squatter?
- How much can a landlord charge for a rental application fee?
- What rental fees are illegal (junk fees)?
- Can I break my lease because of domestic violence?
- Can I break my lease for military orders, medical reasons or a death?
- Can a landlord refuse Section 8?
- Can an eviction be removed from your record?
- Do tenants get a free lawyer for an eviction?
- What are my rights without a written lease?
- Does a landlord have to fix mold?
- Who pays for pest control and bed bugs in a rental?
- Does a landlord have to provide heat?
- Does a landlord have to provide air conditioning?
- What can a landlord charge for at move-out (cleaning, painting, carpet)?
- Can a landlord put cameras in or around a rental?
- Can a landlord limit overnight guests or roommates?
- Can a landlord deny a service or emotional support animal?
- Can a landlord evict you for no reason?
Free calculators
- Notice Deadline Calculator
- Security Deposit Deadline Calculator
- Late Fee Checker
- Rent Increase Calculator
How Montana compares to neighboring states
| State | Security deposit limit | Deposit return deadline | Notice for unpaid rent |
|---|---|---|---|
| Montana | No statutory cap on the amount of a residential security deposit. Mont. Code Ann. Title 70, Ch. 25 (§§ 70-25-101 to 70-25-206) | 30 days after the tenancy ends (or after surrender and acceptance of the premises, whichever is first) when the landlord makes deductions; 10 days when there are no damages, no cleaning needed, no unpaid rent, and the tenant shows utilities are paid. Mont. Code Ann. § 70-25-202(1)(a)-(b) | 3 days' written notice of nonpayment and intent to terminate; agreement terminates if rent is not paid within 3 days. Mont. Code Ann. § 70-24-422(2) |
| Idaho | No statutory cap on the amount of a security deposit. Idaho Code § 6-321 | 21 days after the tenant surrenders the premises if the lease sets no time; the lease may set a different period but never more than 30 days. Idaho Code § 6-321 | 3 days' written notice demanding payment of the amount due or possession. The notice must state the amount due and the tenant's post-judgment removal period (72 hours for residential tenants). Notice may be served within one year after rent is due. Idaho Code § 6-303(2) |
| North Dakota | One month's rent. Up to two months' rent allowed from a tenant with a felony conviction (as an incentive to rent) or with a prior judgment for violating a rental agreement. A separate pet deposit (not for service/assistance animals) may not exceed the greater of $2,500 or two months' rent. N.D.C.C. § 47-16-07.1(1)-(2) | Within 30 days after the lease ends and the tenant delivers possession N.D.C.C. § 47-16-07.1(3) | Rent must be more than 3 days past due; then the landlord must serve a 3-day written notice of intention to evict before filing. N.D.C.C. §§ 47-32-01(4), 47-32-02 |
| South Dakota | One month's rent, unless landlord and tenant agree to a larger deposit where special conditions pose a danger to maintenance of the premises. SDCL 43-32-6.1 | 21 days after the tenancy ends and the landlord receives the tenant's mailing address or delivery instructions: return the deposit or give a written statement of the specific reasons for withholding. SDCL 43-32-24 | No statutory notice to quit. The landlord may file a forcible entry and detainer (eviction) action once rent has been unpaid for three days after it is due. The first legal step is filing and serving a verified complaint and summons. SDCL 21-16-1(4); SDCL 21-16-6; SDCL 21-16-2 (repealed) |
| Wyoming | No statutory cap on the amount of a deposit. W.S. 1-21-1207, 1-21-1208 | Within 30 days after the rental agreement ends, or within 15 days after the landlord receives the renter's new mailing address, whichever is later. If the unit is damaged, the deadline is extended by 30 days. W.S. 1-21-1208(a) | 3-day notice to quit. FED is allowed after rent is 3 days past due, and the written notice to leave must be served at least 3 days before the action is filed. W.S. 1-21-1002(a)(i), 1-21-1003 |
Montana landlord-tenant FAQ
How much can a landlord charge for a security deposit in Montana?
No statutory cap on the amount of a residential security deposit. (Mont. Code Ann. Title 70, Ch. 25 (§§ 70-25-101 to 70-25-206))
How long does a landlord have to return a security deposit in Montana?
30 days after the tenancy ends (or after surrender and acceptance of the premises, whichever is first) when the landlord makes deductions; 10 days when there are no damages, no cleaning needed, no unpaid rent, and the tenant shows utilities are paid. (Mont. Code Ann. § 70-25-202(1)(a)-(b))
Does a landlord have to pay interest on a security deposit in Montana?
No statutory requirement to pay interest on security deposits. (Mont. Code Ann. Title 70, Ch. 25)
Does a landlord in Montana have to give an itemized list of deposit deductions?
Landlord must give the departing tenant a written list of rent due and damage/cleaning charges, with any refund, within 30 days. Failure to provide the list forfeits all rights to withhold any part of the deposit for damage or cleaning. Cleaning deductions require prior written notice listing the cleaning needed; the tenant then has 24 hours to do it. (Mont. Code Ann. §§ 70-25-201(3), 70-25-202, 70-25-203)
What happens if a landlord in Montana wrongfully keeps a security deposit?
Landlord who wrongfully withholds is liable for the amount wrongfully withheld or deducted; court may award attorney fees to the prevailing party. No multiplier. (Mont. Code Ann. § 70-25-204)
How much notice does a landlord have to give before evicting for unpaid rent in Montana?
3 days' written notice of nonpayment and intent to terminate; agreement terminates if rent is not paid within 3 days. (Mont. Code Ann. § 70-24-422(2))
How much notice is required to evict for a lease violation in Montana?
General noncompliance: 14 days' written notice (agreement ends unless remedied). 3 days for unauthorized pet, unauthorized persons residing in the unit, verbal abuse of the landlord, destroying/damaging the premises, or creating a reasonable potential for damage or harm to others. Repeat of substantially the same act within 6 months: at least 5 days. (Mont. Code Ann. § 70-24-422(1), (3), (4))
How much notice is needed to end a month-to-month lease in Montana?
Month-to-month: either party may terminate with at least 30 days' written notice. Week-to-week: at least 7 days' written notice. Same periods for landlord and tenant. (Mont. Code Ann. § 70-24-441)
Can a landlord enter without notice in Montana?
At least 24 hours' notice, at reasonable times, except in an emergency or when notice is impracticable. Posting notice conspicuously on the main entry door counts as notice. (Mont. Code Ann. § 70-24-312)
Is there a limit on late fees in Montana?
No statutory cap or grace period. (Mont. Code Ann. § 70-24-103 (definition of "rent"))
Can a tenant repair and deduct from rent in Montana?
Yes. After notice, if the landlord does not repair within a reasonable time, tenant may make repairs costing no more than 1 month's rent and deduct the cost from rent. For essential services (heat, water, hot water, electricity, gas) the tenant may procure them and deduct the actual, reasonable cost. (Mont. Code Ann. §§ 70-24-406(1)(b), 70-24-408)
Can a tenant withhold rent for repairs in Montana?
No general right to withhold rent. Limited rent relief: deduction for repairs or essential services, or rent excused while tenant procures reasonable substitute housing during an essential-services failure. In a nonpayment action the tenant may counterclaim and the court may order rent paid into court. (Mont. Code Ann. §§ 70-24-406, 70-24-408(1)(c), 70-24-421)
Can a landlord retaliate against a tenant for complaining in Montana?
Landlord may not raise rent, reduce services, or bring or threaten a possession action after the tenant complained to a government code-enforcement agency, made a written complaint to the landlord about § 70-24-303 duties, or organized/joined a tenants' union. A complaint within 6 months before the act creates a rebuttable presumption of retaliation. (Mont. Code Ann. § 70-24-431)
Is there rent control or a limit on rent increases in Montana?
Local rent control preempted: local governments with self-government powers may not exercise any power to control the amount of rent charged for private residential or commercial property. No statewide cap. (Mont. Code Ann. § 7-1-111(26))
Can a landlord change the locks or shut off utilities in Montana?
Self-help eviction prohibited: landlord may not recover possession except by court action (or after abandonment/surrender), and may not purposefully cut heat, water, hot water, electricity, gas, or other essential services. Tenant may recover possession or terminate, and recover up to 3 months' periodic rent or treble damages, whichever is greater. (Mont. Code Ann. §§ 70-24-428, 70-24-411)
What is the small claims court limit in Montana for a deposit dispute?
$7,000 (exclusive of costs) in justice court small claims. (Mont. Code Ann. § 3-10-1004)
How do you remove a squatter in Montana?
Police removal without a court case. A person who cannot produce authorization to occupy the premises is an unauthorized person or trespasser and may be removed immediately by law enforcement at the request of the property owner or authorized agent. Authorization means a written rental agreement, written or verbal permission from the landlord, or written or verbal permission from a tenant for a guest; verbal permission counts only if the person who gave it confirms it. The owner may ask law enforcement to stand by while the locks are changed and the occupant's belongings removed. An owner or agent who knowingly gives false information must indemnify the law enforcement agency for any damages awarded against it. (Mont. Code Ann. § 70-24-113)
What can a landlord do with a tenant's abandoned property in Montana?
If the tenancy ended by court order, property left behind is considered abandoned and may be disposed of immediately as allowed by law. Otherwise, if the landlord has clear and convincing evidence the tenant abandoned all property and at least 48 hours have passed since getting that evidence, the landlord may remove it and immediately discard trash and hazardous, perishable or valueless items (labeled rent-to-own/leased items need the lessor's lien confirmation). Property the landlord reasonably believes is valuable must be inventoried and stored with reasonable care. The landlord must then send written notice (certificate of mailing or certified mail, to the last-known address) that the property will be disposed of on a date at least 10 days after mailing. If the tenant replies in writing that they will collect it but does not within 7 days, it is conclusively abandoned. The landlord may sell it (public or private sale under 30-9A-610 or sheriff's sale rules) or destroy it if storage/sale would cost more than it is worth. Sale proceeds, less notice, storage, labor, sale costs and unpaid rent or damages, go to the tenant with an itemized accounting, or to the county treasurer if the tenant cannot be found. The landlord may charge reasonable storage and moving costs, which must be paid before the tenant takes the property back. (Mont. Code Ann. § 70-24-430)
Is there a limit on rental application fees in Montana?
No statute caps or regulates rental application or screening fees. Note that any fee or charge for cleaning and damages, however labeled, is presumed to be a security deposit (and refundable under the deposit law). (Mont. Code Ann. § 70-25-101(4); Title 70, Ch. 24 and 25 (no application-fee section))
What rental fees are banned or limited in Montana?
No general statute on move-in, convenience or online-payment fees or all-in rent disclosure. Related rules: a cleaning or damage fee of any name is presumed to be a refundable security deposit, and a landlord may not require a tenant to provide an email address as a condition of the lease. (Mont. Code Ann. §§ 70-25-101(4), 70-24-202(4))
Can a domestic violence survivor break a lease in Montana?
No statute. The Residential Landlord and Tenant Act has no section letting a domestic violence, sexual assault or stalking survivor end a lease early. (Mont. Code Ann. Title 70, Ch. 24 (section list reviewed))
When can a tenant break a lease without penalty in Montana?
No state statute found in the Residential Landlord and Tenant Act for military, medical/disability, senior, or tenant-death lease termination. Service members rely on the federal Servicemembers Civil Relief Act. (Mont. Code Ann. Title 70, Ch. 24 (section list reviewed))
Can an eviction record be sealed or removed in Montana?
No statute found providing for sealing or masking eviction court records. (Mont. Code Ann. Title 70, Ch. 24 (section list reviewed))
Can a landlord refuse Section 8 vouchers in Montana?
No. Montana's housing discrimination law covers sex, marital status, race, creed, religion, color, age, familial status, physical or mental disability, and national origin, but not source of income or housing vouchers. (Mont. Code Ann. § 49-2-305)
Do tenants have a right to a free lawyer in eviction cases in Montana?
No statewide right to counsel in eviction cases found. (Mont. Code Ann. Title 70, Ch. 24 (no counsel provision))
What does a Montana notice to pay rent or quit have to include?
Written notice that rent is unpaid and that the landlord intends to terminate the rental agreement if rent is not paid within 3 days. Delivery: in hand; or mailed with a certificate of mailing or by certified mail to the address the tenant designated (or last-known address), in which case service is deemed made 3 days after mailing; or by email to an address the tenant gave in the rental agreement, effective only on a read receipt or a non-automatic reply. (Mont. Code Ann. §§ 70-24-422(2), 70-24-108)
What does a Montana notice to end a month-to-month tenancy have to include?
Written notice given at least 30 days before the termination date stated in the notice (7 days for week-to-week). It may be given at any time during the tenancy, and the tenancy ends on the stated date even mid-rental-period; rent is apportioned by the day unless otherwise agreed. Same delivery methods as other notices: in hand, certificate-of-mailing or certified mail (deemed served 3 days after mailing), or email to the lease-designated address with read receipt or reply. (Mont. Code Ann. §§ 70-24-441, 70-24-108)
What must a Montana security deposit itemization include?
Within 30 days after the tenancy ends (or after surrender and acceptance, if earlier), the landlord must give the departing tenant a written list of any rent due and any damage and cleaning charges claimed, accompanied by the refund of any difference. The list must be delivered by a method allowed for notices (§ 70-24-108); the refund may be paid by electronic transfer, cash, check or other means, or mailed to the tenant's new address (or last-known address). If there are no damages, cleaning or unpaid rent and the tenant shows utilities are paid, the full deposit is due within 10 days. A landlord who fails to provide the list forfeits the right to withhold anything for damage or cleaning. (Mont. Code Ann. §§ 70-25-202, 70-25-203)
How long does a landlord have to sue for unpaid rent in Montana?
6 years for a written lease or other written contract; 5 years for an oral lease (a contract not founded on a written instrument). (Mont. Code Ann. § 27-2-202(1)-(2))
Can a landlord accept rent during an eviction in Montana?
Accepting FULL payment of rent due waives a claimed breach only when the breach is nonpayment of rent. Accepting full rent does not waive any right when the breach is something other than nonpayment. Accepting PARTIAL rent does not waive any right, including the right to the rest of the rent. (Mont. Code Ann. § 70-24-423)
Can you be evicted in the winter in Montana?
No statute — the Residential Landlord and Tenant Act (Title 70, ch. 24) has no winter or cold-weather limit on evictions. (Mont. Code Ann. Title 70, ch. 24 (section list reviewed))
Can a landlord give notice by text or email in Montana?
A notice counts as given if the person actually knows of it, or if it is: delivered in hand; mailed with a certificate of mailing or by certified mail to the address the person named (or last-known address), in which case service is treated as made 3 days after mailing; or, for a landlord, delivered at the landlord's place of business where the lease was made. Email counts only if sent to an email address given in the rental agreement. Email notice is complete when a read receipt or a non-automatic email reply is received. (Mont. Code Ann. §§ 70-24-108, 70-24-202(4))
How much notice is required for a rent increase in Montana?
No statute — the Act sets no specific advance notice for a rent increase. A month-to-month tenancy can be ended on 30 days' written notice (7 days for week-to-week), and a fixed-term lease's rent is set by the lease. (Mont. Code Ann. §§ 70-24-201, 70-24-441 (Title 70, ch. 24 section list reviewed))
Does a landlord have to give a copy of the lease in Montana?
No statute requires the landlord to hand the tenant a copy of the signed lease. The landlord must disclose in writing, at or before the start of the tenancy, the name and address of the property manager and of the owner (or the owner's agent for service of process and notices), and keep this current. A landlord who fails to do so becomes the agent of the landlord for notices and duties. (Mont. Code Ann. §§ 70-24-301, 70-24-204)
What are tenants' rights in a foreclosure in Montana?
No Montana statute protects tenants in foreclosure beyond federal law (federal PTFA applies). On a good-faith sale, the selling landlord is released from future duties only after written notice of the sale to the tenant, but stays liable for the security deposit and prepaid rent. The duty to disclose the owner and manager applies to any successor landlord. (Mont. Code Ann. §§ 70-24-304, 70-24-301(2))
Does a landlord have to fix mold in Montana?
Montana Mold Disclosure Act: a landlord who knows mold is present must disclose it to the tenant before or when the lease is signed, and a landlord who knows the building was tested for mold must say so and give the tenant the test results (if available) and evidence of any later mitigation. A landlord may also give a statutory mold disclosure statement for the tenant to sign; a landlord who gives it, discloses prior testing and mitigation, and discloses known mold is shielded from liability based on the presence of or propensity for mold. No state mold-remediation standard; the general duty to keep the premises fit and habitable applies. (Mont. Code Ann. §§ 70-16-701 to 70-16-703; § 70-24-303(1)(b))
Who pays for pest control and bed bugs in Montana?
No pest- or bed-bug-specific statute. The landlord must make repairs and do whatever is necessary to keep the premises fit and habitable and keep common areas clean and safe; the tenant must keep the unit reasonably clean and safe and dispose of garbage properly. (Mont. Code Ann. §§ 70-24-303(1)(b)-(c), 70-24-321(1)(b)-(c))
Does a landlord have to provide heat in Montana?
Yes. The landlord must supply reasonable heat between October 1 and May 1 (plus running water and reasonable hot water at all times) and keep heating facilities in good and safe working order. No statewide minimum temperature is set. Exception: buildings not required by law to be equipped for heat, or units where heat is generated by an installation in the tenant's exclusive control. (Mont. Code Ann. § 70-24-303(1)(d), (1)(f))
Does a landlord have to provide air conditioning in Montana?
No state requirement to provide air conditioning or a maximum indoor temperature. If the landlord supplies air conditioning, it must be maintained in good and safe working order. (Mont. Code Ann. § 70-24-303(1)(d))
What can a landlord deduct from a deposit for cleaning or damage in Montana?
No standalone definition of 'normal wear and tear.' Deductible 'damage' is tangible loss, injury, or deterioration caused by willful or accidental acts or omissions of the tenant or the tenant's family, licensees, or invitees. 'Cleaning expenses' are actual and necessary cleaning costs not attributable to normal wear. Cleaning charges may not be imposed for normal cyclical maintenance the landlord noted at move-in, and require prior written notice giving the tenant 24 hours to do the cleaning. (Mont. Code Ann. §§ 70-25-101(1)-(2), 70-25-201(1), (3))
Can a landlord put cameras in or around a rental in Montana?
No landlord-specific camera statute. It is a crime to hide, wait, or loiter in person or by remote electronic device in or near a residence to surreptitiously watch, observe, or record occupants without their knowledge. Landlord entry generally requires 24 hours' notice and may not be used to harass the tenant. (Mont. Code Ann. §§ 45-5-223, 70-24-312)
Can a landlord limit guests or roommates in Montana?
No statute — lease governs. The tenant must require persons on the premises with the tenant's consent to behave so as not to disturb neighbors, and is responsible for damage by family, licensees, or invitees. (Mont. Code Ann. §§ 70-24-321(1)(f), (2); 70-25-101(2))
Can a landlord deny a service or emotional support animal in Montana?
A person with a disability with a service animal has full and equal access to housing and may not be charged extra for it, but is liable for damage the animal causes. 'Service animal' means a dog or miniature horse individually trained to assist a person with a disability and expressly excludes emotional support animals. Misrepresenting a service animal can lead to removal and, after a prior written warning, a misdemeanor ($50 first offense; up to $1,000 for third or later). No state statute sets documentation rules for emotional support animals in housing. (Mont. Code Ann. §§ 49-4-203(2), 49-4-214(1)-(2), 49-4-221, 49-4-222)
Official resources for Montana
- Montana Judicial Branch: Landlord Tenant Law - Evictions (forms and handbooks)
- MCA Title 70, Ch. 24 - Residential Landlord and Tenant Act
- MCA Title 70, Ch. 25 - Residential Tenants' Security Deposits
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.