Montana Rent Increase & Late Fee Laws
Montana rules on rent increases & late fees for renters and landlords, with the statute or official page behind each answer. Last verified: 2026-10-22.
Short answer: 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)
The rules 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) |
|---|---|
| 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. |
Free calculators
- Late Fee Checker — Check a late fee against your state's cap and grace period.
- Rent Increase Calculator — In states with a statewide rent cap, see the most your rent can go up this year.
Related questions
- Can a landlord raise the rent in the middle of a lease?
- How much can a landlord charge for a late fee?
- How much notice does a landlord have to give before raising the rent?
- Can a landlord evict you for no reason?
Montana vs. neighboring states
| State | Rent control / increase limits | Late fees |
|---|---|---|
| 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) | No statutory cap or grace period. Mont. Code Ann. § 70-24-103 (definition of "rent") |
| Idaho | Local rent control is preempted. Cities, counties and other local governments may not adopt or enforce laws that set the rent, fees or deposits owners may charge on private residential property, or compel owners to participate in optional federal housing assistance programs. No statewide cap. Idaho Code § 55-306 | No numeric cap or grace period. All fees, including late fees, must be reasonable and may not exceed the amount stated in the rental agreement; a fee not in a written agreement can be added only with 30 days' written notice. Idaho Code § 55-305 |
| North Dakota | Statewide preemption: political subdivisions may not enact, maintain, or enforce rent control on private residential or commercial property. N.D.C.C. § 47-16-02.1 | No statutory cap No statute |
| South Dakota | No statewide rent control, and state law prohibits local rent control. No local government may enact, maintain, or enforce any ordinance or other measure that would control the rent charged for private residential property. SDCL 6-1-13 | No statutory cap or grace period. None in SDCL Chapter 43-32 |
| Wyoming | No state rent control law. No enacted statewide preemption statute was located. W.S. 1-21-1201 to 1-21-1211 (no rent-regulation provision) | No statutory cap W.S. 1-21-1201 to 1-21-1211 (no late-fee provision) |
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- Free legal help in Montana
Compare rent increases & late fees in all 50 states and DC →
Montana Rent Increase & Late Fee Laws FAQ
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))
Is there a limit on late fees in Montana?
No statutory cap or grace period. (Mont. Code Ann. § 70-24-103 (definition of "rent"))
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.