What a Landlord Cannot Do in Montana
The main limits Montana law puts on landlords — lockouts and utility shutoffs, entering without notice, retaliation, deposits, fees and discrimination — each with the statute or official source.
In short: a Montana landlord cannot evict without a court order, cannot punish a tenant for asserting legal rights where state law protects them, and must follow the state's rules on entry, deposits and fees shown below.
| 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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| 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 |
| Landlord retaliation | 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 |
| 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)). |
| 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 |
| 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. |
| 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) |
| Statewide ban on refusing 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 |
| 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. |
| 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. |
Can I sue my landlord in Montana? · All Montana tenant rights
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.