Under Montana law, if a written or oral rental agreement exists, or if payment is accepted as rent, landlords and tenants have automatic rights and responsibilities under the Residential Landlord and Tenant Act, such as the right to timely rent payments and a livable dwelling.Note: These rights exist regardless of what the rental agreement says.
In Montana, landlords legally can’t rent property out unless it meets basic health and safety requirements. Here is a list of amenities and how they relate to Montana’s habitability requirements:
| Item | Has To Provide? | Has To Fix/Replace? |
|---|---|---|
| Heating/AC | Only Heating (Oct. 1 – May 1) | Only Heating (Oct. 1 – May 1) |
| Hot Water | Yes | Yes |
| Kitchen Appliances | No | Only If Provided |
| Garbage Containers/Removal | Yes | Yes |
| Smoke and Carbon Monoxide (CO) Detectors | Yes | Yes |
| Mold | N/A | Yes |
| Pest Control | N/A | Yes |
If a property doesn’t provide the legally required amenities for habitable housing, a tenant can usually report the landlord to government authorities for unsafe living conditions. Read more
Landlords must perform necessary repairs in a timely manner. In Montana, landlords must make repairs within 14 days after getting written notice from tenants. If repairs aren’t made in a timely manner, Montana tenants can sue for costs, or a court order to force the landlord to make repairs. They can also cancel the rental agreement, or make minor repairs and deduct from the rent. Read more
Landlords in Montana may evict tenants for any of the following reasons:
Montana landlords are not permitted to evict tenants in retaliation or as a form of discrimination.
It’s illegal for Montana landlords to retaliate with raised rent, reduced services, or threatened eviction against tenants who have taken a protected action like reporting a landlord to government authorities for health and safety violations.
Collections and Holdings: The following laws apply to the collection and holding of security deposits:
Returns and Deductions: The following laws apply to the return of security deposits:
Notice Requirements: Tenants on a periodic lease in Montana who wish to break their lease must give the following amounts of advance notice:
| Rent Payment Frequency | Notice Needed |
|---|---|
| Week-to-Week | 7 Days |
| Month-to-Month | 30 Days |
| Quarter-to-Quarter | No statute |
| Year-to-Year | No statute |
Early Termination: Montana tenants may legally break a lease early for the following reasons:
If a Montana tenant breaks their lease early, they are still liable for the rent for the remaining lease period. Landlords are legally required to make a reasonable effort to re-rent the unit, and if they find a new tenant, the original tenant is then no longer liable to pay all remaining rent.
Landlords cannot keep the full security deposit because a tenant broke their lease. The landlord can make deductions for damages or unpaid rent, but the rest must be returned to the tenant.
Montana does not have rent control and state law prohibits cities and towns from creating their own rent control laws.
Because Montana does not have rent control, landlords can raise the rent by any amount, as often as they choose, but they cannot increase the rent during the lease term unless the lease agreement allows for it. Additionally, landlords cannot increase the rent out of discrimination of state or federally-protected classes or in retaliation.
Before increasing the rent, landlords must give at least 30 days’ notice to month-to-month tenants and 7 days’ notice to tenants on a week-to-week lease.
Protected Groups: The Federal Fair Housing Act prohibits discrimination in housing based on race, color, national origin, religion, familial status, sex, or disability. These rules do not apply to some owner-occupied homes or homes owned by religious organizations. Montana has further protections based on age and marital status.
Discriminatory Acts and Penalties: An outside organization known as Montana Fair Housing handles cases relating to housing regulations and discrimination. The following behaviors have been highlighted as potentially discriminatory when directed at a member of a protected class:
Montana tenants have 180 days to report potential acts of discrimination through the Montana Fair Housing’s website. It is unclear what kind of penalties landlords face for discrimination.
In addition to having laws that address general issues like repairs and security deposits, most states, including Montana, grant rights and responsibilities about things like lock changes and a landlord’s right to entry. See the topics below for more information.
Montana landlords have the right to enter rental property for maintenance, inspections, and property showings. They usually must give at least 24 hours of advance notice before entering. There is no requirement for permission or advance notice in emergency situations.
If the tenant unlawfully refuses entry, the landlord can get an injunction to compel entry, or issue the tenant a 24-hour notice to correct. After 24 hours, if the tenant hasn’t remedied the unlawful entry, the landlord can terminate the lease with a 3-day notice. The landlord can also, in every case, sue the tenant for associated actual costs (damages). [3]
The following laws apply to the collection of rent and related fees:
Most disputes between landlords and tenants are handled in Small Claims Court, which is an informal process designed to be quicker and simpler than higher courts. For example, disputes regarding the return of security deposits are typically handled in Small Claims Court.
Landlords and tenants can file cases in Small Claims Court to settle minor disputes without hiring an attorney if the amount claimed is less than $7,000. Montana Small Claims Court is a division of Justice Court. The process takes approximately one to two months.
Montana landlords are required to make the following mandatory disclosures:
Montana does not allow unilateral lock changes. A landlord locking a tenant out through a lock change is performing an illegal “self-help” eviction. At the same time, a landlord can also evict a tenant who changes the locks without permission.
Montana landlords cannot prohibit lawful possession or use of marijuana on a rental property, as a general rule. These are the only exceptions under which a landlord can restrict use or possession: [2]
A landlord is only required by law to allow possession and use . All other aspects, such as growing, selling, displaying, etc. may be regulated or prohibited at the landlord’s option.
Many cities in Montana have their own landlord-tenant laws in addition to the state requirements. Check your local county and municipality for additional regulations, and see the resources below for general information.
Montana Small Claims Court – This guide can help you understand the state’s court system.
Housing Authorities and Tribal Housing Authorities in Montana – This collection of contact info for all of Montana’s local housing authorities can make it easier for landlords and tenants to get the support they need. This list includes information on tribal housing authorities, which are more knowledgeable when it comes to the ways specific reservation housing laws differ from that of the state at large.
This section [relating to security deposit return timelines] does not apply if a rental agreement is terminated pursuant to 70-24-427 or 70-33-427 and the landlord has a pending claim for actual damages filed in court.
Nothing in this chapter may be construed to prohibit a person from prohibiting or otherwise regulating the consumption, cultivation, distribution, processing, sale, or display of marijuana, marijuana products, and marijuana paraphernalia on private property the person owns, leases, occupies, or manages, except that a lease agreement executed after January 1, 2021, may not prohibit a tenant from lawfully possessing and consuming marijuana by means other than smoking unless required by federal law or to obtain federal funding.
(1) If the tenant refuses to allow lawful access, the landlord may issue a 24-hour notice to correct or obtain immediate injunctive relief to compel access. In either case, the landlord may recover actual damages. If the 24-hour notice to correct is not remedied, the landlord may issue a 3-day notice to terminate the rental agreement.
Can a Landlord Enter Without Permission in Montana? Montana landlords may enter a rental property without permission only in emergency situations. For all other entries, the landlord needs the tenant's permission, even when the landlord is entering with proper notice for a legally protected reason. Read more » Is Montana a “Landlord Friendly” State? Montana is a relatively landlord-friendly state. Although the landlord's rights of access are more strictly regulated than many other states, there is no rent control in Montana, and there are broad potential grounds for eviction. Read more » What Are a Tenant’s Rights in Montana? Montana tenants have the right to habitable housing and the right to sue the landlord for violations of the law or the rental agreement. They also have the right to seek housing without discrimination and to have security deposits promptly returned. Read more » Can a Tenant Change the Locks in Montana? Montana tenants are not allowed to change their locks without the landlord's written permission, and must provide copies of all keys to the landlord. Improper or unauthorized lock changes are cause for the landlord to file eviction. Read more »
