Montana Privacy, Guests & Animal Rules
Montana rules on privacy, guests & animals for renters and landlords, with the statute or official page behind each answer. Last verified: 2026-10-22.
Short answer: 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. Mont. Code Ann. §§ 45-5-223, 70-24-312
The rules 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. |
|---|---|
| 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. |
Related questions
- 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?
Montana vs. neighboring states
| State | Cameras & privacy | Guests & occupants | Service & support animals (state law) |
|---|---|---|---|
| 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 | 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) | 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 |
| Idaho | No landlord-specific statute. Installing or using (or permitting) an imaging device where a person has a reasonable expectation of privacy, without the person's knowledge or consent, for sexual gratification or to degrade or abuse, is felony video voyeurism; 'reasonable expectation of privacy' includes places where a person might reasonably expect to be safe from casual or hostile surveillance. Intercepting oral communications is a felony unless one party consents. Idaho has no statutory notice period for landlord entry; the AG advises that the lease set entry terms or that the landlord notify the tenant and agree on a reasonable time. Idaho Code §§ 18-6605; 18-6702; Idaho AG, Landlord and Tenant Manual (July 2026), pp. 10–11 | No statute — the lease governs guests, occupants, and roommates. The Attorney General notes that a valid occupancy policy limiting the number of people per unit, based on health and safety standards, is a lawful basis for refusing an applicant. A separate limited procedure allows removal of unauthorized persons who are not tenants. Idaho AG, Landlord and Tenant Manual (July 2026), p. 2; Idaho Code § 6-310A | Idaho has no statute specific to emotional support animals in rental housing (no state ESA documentation rule or ESA fee rule). State law defines a service dog (emotional support does not count as work or tasks), gives individuals with disabilities the right to be accompanied by a service dog in public accommodations, hotels, and lodging houses without extra charge (but liable for damage), and makes it a misdemeanor for a person without a disability to use an assistance animal or service dog to try to gain treatment or benefits as a person with a disability. Rental-housing accommodation requests are governed by federal and state fair-housing law; the Attorney General states that support, service, and companion animals are not legally 'pets.' Idaho Code §§ 56-701A(5); 56-704; 18-5811A; Idaho AG, Landlord and Tenant Manual (July 2026), p. 2 |
| North Dakota | No landlord-specific statute. Criminal laws apply: surreptitiously installing or using a device to observe, photograph or record events from another's dwelling, or from a place where a person has a reasonable expectation of privacy and may be undressed, with sexual intent, is surreptitious intrusion (class A misdemeanor; felony for repeat offenses or minor victims). Intercepting oral or wire communications without a party's consent is a class C felony (one-party consent). N.D.C.C. §§ 12.1-20-12.2, 12.1-15-02 | No statute on guests vs. tenants, occupancy limits or roommate rights — the lease governs. Tenants must make persons on the premises with their consent behave so as not to disturb neighbors, and are liable for guest-caused damage. A landlord may not rent the same room as a dwelling to more than one family (double letting). N.D.C.C. §§ 47-16-13.2(6)-(7), 47-16-07.1(3)(a), 47-16-26 | If a rental has a no-pets policy and a tenant asks for a service or assistance animal as a disability accommodation, the landlord may require reliable supporting documentation confirming the disability and the disability-related need, from a physician or medical professional who does not operate in North Dakota solely to certify assistance animals. No documentation may be required if the disability or need is readily apparent or already known. Knowingly making a false disability claim or providing fraudulent documentation is an infraction; after a guilty plea or conviction the landlord may evict and collect a damage fee of up to $1,000. Pet deposits (capped at the greater of $2,500 or two months' rent) may not be charged for a service or companion animal needed as a reasonable accommodation. N.D.C.C. §§ 47-16-07.5, 47-16-07.6, 47-16-07.1(2) |
| South Dakota | No landlord-specific statute, but installing in any private place, without the consent of the persons entitled to privacy there, any device for observing, photographing, recording, amplifying or broadcasting sounds or events — or using such an installation — is a Class 1 misdemeanor; so is trespassing to subject anyone to surveillance in a private place. Photographing or recording a person without clothing without consent, with intent to self-gratify, harass or invade privacy, is also a crime. Recording a conversation with an eavesdropping device without the consent of a party is a Class 5 felony (one-party consent). SDCL 22-21-1, 22-21-3, 22-21-4, 23A-35A-20 | No statute on guests vs. tenants, occupancy limits or roommate rights for residential rentals — the lease governs. The landlord's repair duty does not cover disrepair caused by the negligent, willful or malicious conduct of the tenant or a person under the tenant's direction or control. SDCL 43-32-8; ch. 43-32 checked | South Dakota's landlord-tenant statute defines 'service animal' broadly to include emotional support, therapy and assistance animals. When a tenant asserts a disability requiring such an animal as an accommodation, the landlord may require reliable supporting documentation confirming the disability and its relationship to the need, from a licensed health care provider who does not operate in South Dakota solely to certify service or assistance animals. No documentation may be required if the disability or need is readily apparent or already known. If a tenant knowingly makes a false claim or provides fraudulent documentation, the landlord may evict and collect a damage fee of up to $1,000. SDCL 43-32-33 to 43-32-36 |
| Wyoming | No landlord-specific statute. Voyeurism — clandestinely viewing without consent into an area where a person has a reasonable expectation of privacy (including restrooms, baths, showers, dressing rooms and bedrooms) — is a misdemeanor (up to 6 months and $750); capturing images with a camera or other recording device in such circumstances is a felony (up to 5 years and $5,000). Wyoming is a one-party consent state for audio interception. W.S. 6-4-304; 7-3-702 | No statewide occupancy limit. The renter may not increase the number of occupants above the number specified in the rental agreement without the owner's written permission. Otherwise the lease governs guests; the owner need not repair damage caused by guests' misuse, and the renter must remove property left by guests before the tenancy ends. W.S. 1-21-1204(a)(v), (viii); 1-21-1203(c) | A person may not be discriminated against in renting residential property because the person has an assistance animal, which must be permitted in accordance with the federal Fair Housing Act; the person is liable for damage the animal causes. 'Assistance animal' includes an animal that provides emotional support alleviating symptoms or effects of a disability. Knowingly and intentionally misrepresenting an animal as a service or assistance animal to obtain these rights is a misdemeanor (fine up to $750); interfering with these rights is also a misdemeanor (fine up to $750). No state-specific documentation rules — federal Fair Housing Act standards apply. W.S. 35-13-201(c); 35-13-203; 35-13-205 (definitions) |
More Montana rental law
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- All Montana landlord-tenant rules
- Free legal help in Montana
Compare privacy, guests & animals in all 50 states and DC →
Montana Privacy, Guests & Animal Rules FAQ
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)
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.