Landlords managing a rental in Montana can’t assume another state’s rules or a generic lease template will apply. Montana landlord-tenant law sets the ground rules for the rental relationship, and knowing them up front can prevent disputes that could derail a tenancy.
Understanding renters’ rights in Montana helps landlords stay on the right side of the law and protect their rental portfolio. This guide covers landlords’ legal requirements, tenant protections, and the remedies available when either party doesn’t meet their obligations.
Montana landlords have several important duties to their tenants, both in day-to-day operations and at specific points in the tenancy:
We’ll cover each of these responsibilities in more detail later in this guide, including the laws that establish these duties and the key deadlines landlords should know.
Learn more: Guide to Landlord-Tenant Relationships
Montana law also gives renters important rights throughout a tenancy, which mirror the landlord’s responsibilities discussed above:
Later sections cover these Montana renters’ rights in more detail, including how far each one extends and what tenants can do if a landlord doesn’t hold up their end of the agreement.
Learn more: Guide to Tenant Rights & Responsibilities
Application fee limits: Montana doesn’t cap application fees. However, a property manager with four or more dwelling units must refund the fee within a reasonable time if the applicant doesn’t sign a rental agreement. The manager can deduct only actual out-of-pocket costs that they disclosed in writing when collecting the fee (Mont. Code Ann. § 37-56-109).
Permissible screening criteria: Montana landlords can review credit, criminal, eviction, and rental history during the tenant selection process. However, fair housing law prohibits basing housing decisions on a protected class (Mont. Code Ann. § 49-2-305).
Look-back limits on criminal and eviction records: Montana doesn’t set a specific timeframe for landlords to consider criminal and eviction records.
Under the Fair Credit Reporting Act, consumer reporting agencies can’t report eviction-related civil records, arrests, or most other adverse information older than 7 years. Civil records and arrests can stay on a report longer when the statute of limitations runs past 7 years, and criminal convictions are exempt (15 U.S.C. § 1681c).
Source-of-income and voucher protections: Source of income isn’t a protected housing class in Montana, so state law doesn’t require private landlords to accept tenants’ Section 8 vouchers (Mont. Code Ann. § 49-2-305).
Adverse action notice obligations: Under the FCRA, when a consumer report contributes to a denial or other adverse action, landlords must send an adverse action notice. The notice must identify the reporting company, state that the company didn’t make the decision, and explain the applicant’s rights (15 U.S.C. § 1681m).
Free resources: Send Rental Applications & Screen Tenants Online
Federal protected classes: The federal Fair Housing Act prohibits housing discrimination nationwide based on race, color, national origin, religion, sex, familial status, or disability (42 U.S.C. § 3604).
State-added protected classes: Montana law also prohibits landlords from discriminating against tenants based on age, marital status, and creed (Mont. Code Ann. § 49-2-305).
Reasonable accommodations and modifications: Montana law requires landlords to make reasonable disability-related accommodations and allow tenants to make reasonable disability-related modifications. When the need for an emotional support animal isn’t readily apparent, landlords may ask for reliable supporting information, but they can’t ask about a tenant’s diagnosis (Mont. Code Ann. § 70-24-114, § 49-2-305, 42 U.S.C. § 3604).
Discriminatory advertising language: Rental ads can’t signal a preference or limitation tied to a protected class. Phrases like “no kids” or “Muslims only” can violate fair housing law (Mont. Code Ann. § 49-2-305).
Complaint filing routes and deadlines: Tenants who believe they were discriminated against may file a complaint with the Montana Human Rights Bureau within 180 days after the discrimination occurred or was discovered.
Tenants also have 1 year to file a federal Fair Housing Act complaint with the U.S. Department of Housing and Urban Development (Mont. Code Ann. § 49-2-501, 42 U.S.C. § 3610).
Learn more: How to Screen Applicants Fairly
A Montana-specific lease sets out both parties’ expectations in writing and accounts for state law that a generic form might overlook. Here are a few state laws to consider:
Mandatory lease terms: Montana requires a lease longer than 1 year to be in writing and signed by the party it’s enforced against (Mont. Code Ann. § 28-2-903, § 70-20-101).
Beyond that, rental agreements may set rent amounts, duration, and other terms state law doesn’t prohibit (Mont. Code Ann. § 70-24-201).
Void and unenforceable clauses: A rental agreement can’t waive rights or remedies under Montana’s Residential Landlord and Tenant Act, authorize a confession of judgment, or limit liability for purposeful misconduct or negligence. A prohibited provision stays unenforceable even if both parties signed the lease (Mont. Code Ann. § 70-24-202, § 70-24-403).
Default rules absent a written lease: Unless the parties agree otherwise, a roomer who pays weekly rent has a week-to-week tenancy, and every other tenant has a month-to-month tenancy. Either party can end those tenancies with 7 or 30 days’ written notice, respectively (Mont. Code Ann. § 70-24-201, § 70-24-441).
Renewal and holdover terms: A lease can set its own extension period. However, a tenant who stays after the tenancy ends without the landlord’s consent may face an action for possession (Mont. Code Ann. § 70-24-205, § 70-24-429).
Montana-specific leases: Custom Online Lease Builder
While the exact number of required landlord disclosures in Montana varies based on property condition, you’ll need to make up to five of the following when entering into a lease agreement with a tenant:
Maximum deposit amount: Montana law doesn’t limit the amount landlords can charge tenants for security deposits, so landlords may set the amount in the rental agreement.
All money held to secure rent can qualify as a security deposit, and cleaning and damage charges are presumed to be security deposits regardless of their exact label (Mont. Code Ann. § 70-25-101).
Account and interest requirements: Montana law doesn’t require landlords to store tenants’ deposits in a separate or escrow account. State law also doesn’t require interest payments to tenants (Mont. Code Ann. § 70-25-101).
Return deadline and triggering event: If an inspection uncovers no damage, no cleaning needs, and no unpaid rent, and the tenant can demonstrate that no utilities are unpaid, landlords must return the full deposit within 10 days.
If deductions apply, landlords must return the remaining deposit (along with an itemized statement of deductions) within 30 days after the tenancy ends or after the tenant surrenders the unit and the landlord accepts it, whichever comes first (Mont. Code Ann. § 70-25-202).
Itemized statement requirements: When deductions apply, landlords must provide a written list of all deductions along with the remaining refund. Cleaning charges can’t cover normal wear. Before deducting them, landlords must give written notice of the cleaning needed and allow the tenant 24 hours to complete it, unless the tenant left without notice.
Landlords who fail to provide the statement of deductions forfeit their right to withhold funds for damages or cleaning (Mont. Code Ann. § 70-25-101, § 70-25-202, § 70-25-203, § 70-25-201).
Penalties for wrongful withholding: A landlord who wrongfully withholds deposit funds owes the amount improperly withheld, and a court may award attorney fees to the prevailing party (Mont. Code Ann. § 70-25-204).
Learn more: How Security Deposits Work
Due date and lawful payment methods: Rental agreements can determine how tenants pay rent, but landlords can’t charge an extra fee based on payment type, except to recoup an electronic bank fee. If the agreement doesn’t say, rent is payable at the landlord’s address or by transfer to a designated account (Mont. Code Ann. § 70-24-201).
Statutory grace period: Montana doesn’t have a rent grace period, so rent becomes overdue when the lease states (Mont. Code Ann. § 70-24-201).
Late fee cap: Montana law doesn’t limit the amount landlords can charge tenants as a late fee, though a court may refuse to enforce an unconscionable lease provision (Mont. Code Ann. § 70-24-404).
Partial payment consequences: Accepting partial rent doesn’t waive any of a Montana landlord’s rights, including the right to the unpaid balance. Accepting full rent, however, waives a nonpayment breach (Mont. Code Ann. § 70-24-423).
Helpful tool: Collect Rent Online
Notice periods by tenancy type: For month-to-month rentals, landlords may change the rent by giving written notice at least 15 days before the month ends (Mont. Code Ann. § 70-26-109).
Statutory caps on increase amount: Montana doesn’t have any statewide rent control or stabilization laws, and state law prohibits localities from enacting their own rent control measures (Mont. Code Ann. § 7-1-111).
Service and delivery requirements: A month-to-month rent increase requires written notice. Landlords can hand-deliver it, send it by Certified Mail or with a certificate of mailing, or email it to an address listed in the rental agreement. Email notice counts once a read receipt or a nonautomatic reply confirms receipt (Mont. Code Ann. § 70-26-109, § 70-24-108).
Retaliatory and discriminatory increases: Landlords can’t raise rent, cut services, or threaten eviction because a tenant reported a code violation, complained in writing about habitability, or joined a tenant organization. A qualifying complaint within the previous 6 months creates a rebuttable presumption of retaliation, though landlords can still seek possession when rent is unpaid. Fair housing law also prohibits discriminatory rental terms (Mont. Code Ann. § 70-24-431, § 49-2-305).
Learn more: Guide to Rent Increase Laws & How to Raise Rent Legally
The implied warranty of habitability: Landlords must make necessary repairs and keep the premises fit and habitable, outside of certain tenant maintenance duties (Mont. Code Ann. § 70-24-303).
Conditions constituting a violation: Landlords must keep electrical, plumbing, sanitary, heating, ventilating, and air-conditioning facilities in working order and supply running water, reasonable hot water, and reasonable heat between Oct. 1 and May 1 (Mont. Code Ann. § 70-24-303).
Tenant notice requirements: Before pursuing lease termination or essential-service remedies, tenants have to give written notice of the problem. Repair-and-deduct also requires notice, though the statute doesn’t expressly require written notice.
After receiving written notice, landlords have 14 days to remedy a health-and-safety issue (or 3 working days in an emergency) before the tenant can terminate the lease. Before pursuing repair-and-deduct remedies, tenants must allow their landlords a reasonable amount of time to make repairs (Mont. Code Ann. § 70-24-406, § 70-24-408).
Repair-and-deduct, withholding, and escrow remedies: After giving notice and a reasonable chance to fix the problem, tenants may make the repair and deduct its cost, up to 1 month’s rent. In some cases, they can also end the lease early (Mont. Code Ann. § 70-24-406).
Helpful tool: Rental Property Maintenance Coordination
Advance notice requirements: Landlords need to give tenants at least 24 hours’ notice before entering a rental unit. Notice may be provided by actual knowledge, hand delivery, qualified mail, confirmed email (for example, with a read receipt), or conspicuous posting on the main entry door.
Landlords may enter without advance notice in an emergency or when giving notice would be impractical. However, state law limits emergencies to extraordinary events beyond the tenant’s control that require immediate action (Mont. Code Ann. § 70-24-312, § 70-24-108, § 70-24-103).
Lawful reasons for entry: Montana law lets landlords enter a unit to inspect it, make necessary or agreed repairs, supply necessary or agreed services, or show it to prospective or actual buyers, tenants, workers, or contractors (Mont. Code Ann. § 70-24-312).
Remedies for unlawful entry and refused access: Tenants facing unlawful, unreasonable, or harassing entry may seek an injunction or terminate the lease and recover actual damages.
When a tenant refuses lawful access, the landlord may give the tenant 24 hours to correct the issue, seek injunctive relief, or send a 3-day lease termination notice if the refusal continues (Mont. Code Ann. § 70-24-410, § 70-24-424).
No-cause termination notice periods: Ending a month-to-month tenancy takes 30 days’ written notice, and the notice doesn’t need to state a cause.
For fixed-term leases, the lease sets the required notice. If the lease doesn’t have a default extension period, 30 days’ written notice keeps it from continuing month to month (Mont. Code Ann. § 70-24-441, § 70-24-205).
Statutory early termination rights: Service members who want to terminate their lease agreements early must give written notice plus qualifying military orders. To terminate for habitability, the tenant must give written notice describing the breach and intent to terminate.
Outside those rights, a party who ends a fixed-term lease early without cause may owe the other party up to 1 month’s rent in damages. Landlords are also entitled to rent from a defaulting tenant until a new tenancy starts or the lease term ends (50 U.S.C. § 3955, Mont. Code Ann. § 70-24-406, § 70-24-201).
Notice periods by ground: Montana law requires different notice periods depending on the exact reason for the lease termination:
Court filing through judgment: After termination, the landlord must file and serve a complaint, after which the tenant will get 5 business days to answer.
The hearing takes place within 10 business days of the answer date (or within 5 business days for dangerous-conduct cases), and the court rules within 5 days of the hearing (Mont. Code Ann. § 70-24-427, § 70-24-429).
Writ of possession and execution: If the landlord wins, the court immediately issues a Writ of Possession and a Writ of Assistance. The sheriff then executes the Writ of Assistance within 5 business days unless the landlord and sheriff agree otherwise (Mont. Code Ann. § 70-24-427).
Self-help eviction penalties: Landlords can’t lock tenants out, turn off essential services, or otherwise attempt to force renters to leave.
Landlords who attempt self-help evictions may be required to pay the tenant up to 3 months’ rent or triple damages, whichever is greater (Mont. Code Ann. § 70-24-411, § 70-24-428).
Learn more: Montana Eviction Laws
Squatter, holdover tenant, and guest distinctions: A squatter can’t show authorization to be on a property and may be removed immediately by law enforcement. A holdover tenant refuses to move out after a tenancy ends and can be removed only through a possession action. A guest has authorization from a tenant, including verified verbal permission (Mont. Code Ann. § 70-24-113, § 70-24-429).
Adverse-possession elements and statutory period: A claimant attempting to take possession of a property through adverse possession must prove actual, exclusive, and continuous occupation under a claim of title for 5 years and pay all legally assessed property taxes during that period (Mont. Code Ann. § 70-19-404, § 70-19-409, § 70-19-411).
Color of title and property tax payment: A written instrument supporting the claim doesn’t shorten Montana’s 5-year time requirement. The squatter must still meet the possession rules and pay every legally assessed property tax throughout those 5 years (Mont. Code Ann. § 70-19-407, § 70-19-411).
Lawful removal routes: Montana allows law enforcement to immediately remove an unauthorized person or someone committing unlawful squatting. A holdover tenant must instead go through the civil possession process (Mont. Code Ann. § 70-24-113, § 45-6-206, § 70-24-429).
Practical likelihood of a successful claim: A successful adverse-possession claim is difficult because the squatter must prove 5 years of qualifying possession and continuous tax payments. The risk is a long, drawn-out eviction case (Mont. Code Ann. § 70-19-411, § 70-24-113).
Learn more: What are Squatters’ Rights?
Abandoned property after move-out: Outside of a court-ordered eviction, Montana law requires landlords to wait at least 48 hours after establishing abandonment, store valuable belongings, and mail written notice to the tenant. They may dispose of the belongings 10 days after mailing the notice (Mont. Code Ann. § 70-24-430).
Local ordinances superseding state law: Montana prohibits local governments from regulating landlords’ dealings with tenants beyond what state law provides, or from adding to the statewide rules on leases and security deposits (Mont. Code Ann. § 70-24-102, § 7-1-111).
Smoke and carbon monoxide detector requirements: Landlords must install approved smoke and carbon monoxide (CO) detectors in each unit and confirm they work at move-in. Units with fuel-fired appliances or an attached garage need a CO detector outside each sleeping area, and tenants must maintain the detectors (Mont. Code Ann. § 70-24-303, Mont. Admin. R. 24.320.301, Mont. Admin. R. 23.12.406).
Renters insurance requirements: Montana doesn’t require renters insurance. However, leases can require it, since they can include terms state law doesn’t prohibit (Mont. Code Ann. § 70-24-201).
Utility billing and submetering: Montana doesn’t set a residential Ratio Utility Billing System formula. Under Montana Public Service Commission (PSC) guidance, though, landlords can pass a master utility bill through to tenants pro rata or by meter, with no profit, plus a reasonable administrative charge.
Recent and pending legal changes: Montana’s 2025 legislative session changed the state’s squatter removal process, emotional support animal documentation rules, security deposit refunds, rent-payment fees, application fee refunds, and fentanyl contamination disclosures (Mont. Code Ann. § 70-24-113, § 70-24-114, § 70-25-202, § 70-24-201, § 37-56-109, § 75-10-1305).
These Montana resources provide information on landlord-tenant laws, court forms, practical guidance, and legal assistance:
Montana leans landlord-friendly. State law doesn’t cap private-market rent increases or security deposits, and either side can end a month-to-month tenancy with 30 days’ notice. However, renters in Montana still have rights, including habitability, privacy, deposits, retaliation, and lawful eviction procedures.
A Montana landlord must give at least 24 hours’ notice and can enter only at a reasonable time. Landlords don’t have to give notice in emergencies or when advance notice isn’t practical.
Landlords in Montana must return the full security deposit within 10 days if an inspection shows no deductions are needed. If there are any deductions, however, they must return the deposit balance and an itemized statement within 30 days of the tenancy ending.
Not for a month-to-month tenancy. Landlords must give written notice of a rent increase at least 15 days before the end of the month. During a fixed-term lease, the agreed-upon rent stays the same unless the lease allows an adjustment or both parties agree in writing to change it.
A Montana eviction’s timeline depends on the reason for the eviction, service, court scheduling, and whether the tenant contests or appeals the case. Once the landlord files, the tenant gets 5 business days to answer. The hearing follows within 10 business days of the answer date, and the court rules within 5 days of the hearing.
