Montana Landlord Selling the House
Montana rules on landlord selling the house for renters and landlords, with the statute or official page behind each answer. Last verified: 2026-10-22.
Short answer: When a landlord sells a rental in a good-faith sale to a genuine buyer, the selling landlord is released from liability under the rental agreement and the Residential Landlord and Tenant Act only for events after the tenant gets written notice of the sale, unless otherwise agreed. Mont. Code Ann. § 70-24-304(1)
The rules in Montana
| If the landlord sells the property | When a landlord sells a rental in a good-faith sale to a genuine buyer, the selling landlord is released from liability under the rental agreement and the Residential Landlord and Tenant Act only for events after the tenant gets written notice of the sale, unless otherwise agreed. The selling landlord stays liable to the tenant for all recoverable security deposit money and all prepaid rent. The statute does not say in so many words that the lease binds the buyer, and it sets no separate deposit-transfer procedure; the seller's continuing liability for the deposit and prepaid rent is what the statute provides. The same section releases a property manager after written notice that its management has ended (§ 70-24-304(2)). Source: Mont. Code Ann. § 70-24-304(1) |
|---|---|
| Tenants in foreclosure | 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. Only Title 70, ch. 24 was checked. |
Related questions
Montana vs. neighboring states
| State | If the landlord sells the property | Tenants in foreclosure |
|---|---|---|
| Montana | When a landlord sells a rental in a good-faith sale to a genuine buyer, the selling landlord is released from liability under the rental agreement and the Residential Landlord and Tenant Act only for events after the tenant gets written notice of the sale, unless otherwise agreed. The selling landlord stays liable to the tenant for all recoverable security deposit money and all prepaid rent. Mont. Code Ann. § 70-24-304(1) | 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) |
| Idaho | If a rental changes ownership during a tenancy, the new owner is liable for refunding the security deposits paid on it. A buyer of rented property gets the same rights to collect rent and enforce the lease that the seller had, and a tenant has the same remedies against the buyer for breach of the lease that the tenant had against the original landlord (except on covenants about title, encumbrances or possession). Idaho Code §§ 6-321(3), 55-301, 55-303 | Not verified yet |
| North Dakota | When a landlord sells the rental, the security deposit and any interest it has earned must be transferred to the buyer, and the seller stays liable for the deposit until it is transferred. Whoever owns the landlord's interest when the lease ends is bound by the deposit-return rules even if that owner never received the deposit. A buyer of property subject to a lease gets the same remedies for rent and lease breaches that the seller had, and a tenant has the same remedies against the landlord's successors (assigns) that the tenant had against the original landlord. N.D.C.C. §§ 47-16-07.1(5), 47-16-28, 47-16-29 | No statute — North Dakota adds no tenant protections beyond the federal PTFA. After a foreclosure sale and the end of the redemption period, the buyer may evict the occupant under the eviction chapter. N.D.C.C. § 47-32-01(5); chs. 47-16, 47-32 checked |
| South Dakota | South Dakota has no state law in its lease chapter (SDCL 43-32) that requires a selling landlord to transfer the security deposit to the buyer or to notify tenants of the sale. The chapter provides that a tenant has the same remedies against the landlord's assignees (such as a buyer of the landlord's interest) for breach of the lease as against the original landlord, except on covenants against encumbrances or relating to title or possession. SDCL ch. 43-32 (reviewed); SDCL 43-32-21 | No statute — South Dakota adds no tenant protections beyond the federal PTFA. After a mortgage or execution sale, once the redemption period expires and the deed is delivered, the buyer may bring an FED action against an occupant who stays. SDCL 21-16-1(5); chs. 21-16, 43-32 checked |
| Wyoming | Whoever holds the owner's (or designated agent's) interest in the rental when the rental agreement ends is bound by Wyoming's deposit rules, including returning the deposit balance with a written itemization of deductions. Wyoming's residential rental statutes do not say whether a sale ends the lease and do not require a notice of sale to the renter. W.S. 1-21-1209, 1-21-1208 | No state tenant-protection statute for foreclosures was found; the federal PTFA (90-day notice; bona fide leases honored) applies. State law lets a purchaser use forcible entry and detainer after a judicial foreclosure sale (against a judgment debtor in possession) or after a power-of-sale (nonjudicial) foreclosure once possession has been demanded. On a sale or transfer, the new holder of the owner's interest at the end of the tenancy is bound by the deposit-return rules. Wyo. Stat. § 1-21-1002(a)(ii)-(iii); § 1-21-1209 |
More Montana rental law
- Montana Security Deposit Law
- Montana Eviction Laws
- Montana Notice to Vacate Rules
- Landlord Entry Rules in Montana
- Montana Repairs & Tenant Remedies
- Montana Rent Increase & Late Fee Laws
- Breaking a Lease in Montana
- Squatters' Rights in Montana
- Montana Rental Fee Rules
- Montana Section 8, Records & Right to Counsel
- Montana Mold, Pests, Heat & AC Rules
- Montana Privacy, Guests & Animal Rules
- Montana Lockouts, Utility Shutoffs & Retaliation
- Montana Subletting, Lease Endings & Tenant Death
- All Montana landlord-tenant rules
- Free legal help in Montana
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Montana Landlord Selling the House FAQ
What happens to my lease if my landlord sells the house in Montana?
When a landlord sells a rental in a good-faith sale to a genuine buyer, the selling landlord is released from liability under the rental agreement and the Residential Landlord and Tenant Act only for events after the tenant gets written notice of the sale, unless otherwise agreed. The selling landlord stays liable to the tenant for all recoverable security deposit money and all prepaid rent. (Mont. Code Ann. § 70-24-304(1))
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))
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.