Montana Landlord Laws

Montana is considered a moderately landlord-friendly state, offering a fair balance between tenant protections and landlord rights. While there is no statewide rent control and relatively few restrictions on late fees or lease terms, landlords are still subject to important legal requirements at the state level.

Montana’s landlord-tenant laws govern every aspect of the rental relationship, from lease agreements and security deposits to property maintenance, evictions, and notice requirements. Landlords who want to avoid legal disputes and operate successful rental properties must understand these landlord laws.

The most relevant regulations can be found in the Montana Residential Landlord and Tenant Act of 1977. However, these laws in Mont. Code SS 70 are subject to change, and this article is not exhaustive. We focus primarily on state-level laws, but local jurisdictions may also enforce additional rental regulations and landlord laws. If you’re dealing with a legal issue or need help navigating Montana’s rental laws in MCA SS 70, consult a qualified real estate attorney.

Disclaimer: Innago does not provide legal advice. The content and materials provided in this article are for general informational purposes only and many not be the most up-to-date information.

NEW! 2025 Montana Rental Laws

The following new rental laws passed in Montana in recent years:

• Expansion of zoning, building, and housing access reforms (SB 528, SB 532): Effective October 1, 2026, Montana’s 2025 housing reform package expands on its “Montana Miracle” legislation by mandating taller building allowances in urban areas, easing ADU construction rules, allowing single-exit stairways in small multifamily buildings, capping impact fee increases to the rate of inflation, and requiring municipalities to treat manufactured homes the same as site-built homes. The state also introduced broad parking reform, limiting local requirements to no more than one space per unit in order to lower construction costs and improve housing supply across Montana.

Montana Quick Facts

Rights and Responsibilities of Montana Landlords and Tenants

Montana landlords and tenants each have legally defined rights and responsibilities. For instance, landlords must provide safe, habitable housing, while tenants are expected to pay rent on time and maintain the property. In return, landlords have the right to fair compensation and the ability to enforce lease terms, and tenants are entitled to privacy, quiet enjoyment, and prompt repairs. While lease agreements and handbooks outline many expectations, any terms must comply with Montana law to be enforceable.

Below is an overview of the rights and responsibilities for both tenants and landlords in Montana.

Montana landlords have the right to:

• Collect rent as outlined in the lease agreement.
• Require a security deposit of up to one month's rent unless otherwise agreed upon in writing.
• Deduct from the security deposit for unpaid rent, property damage beyond normal wear and tear, or other lawful charges.
• Screen prospective tenants using consistent and nondiscriminatory criteria.
• Enter the rental property for inspections, repairs, or showings with at least 24 hours’ notice, except in emergencies
• Initiate eviction proceedings if a tenant violates the lease or fails to pay rent, following proper notice and legal procedures.
• Enforce lease provisions regarding pets, guests, or use of the property, provided they are lawful.

Montana landlords are responsible for:

• Maintaining the premises in a fit and habitable condition, including structural safety and essential services like heat, plumbing, and carbon monoxide detectors.
• Making repairs within a reasonable timeframe once notified by the tenant.
• Complying with applicable codes pertaining to building, housing, and health.
• Providing tenants with written notice of any rent increases at least 30 days in advance.
• Giving proper notice before entering the unit and not harassing or disturbing tenants' peaceful enjoyment.
• Returning the security deposit, minus lawful deductions, within 30 days of lease termination.
• Following due process for evictions and not engaging in illegal self-help measures like changing locks.

Montana tenants have the right to:

• Live in a safe rental unit that is habitable and well-maintained.
• Request timely repairs for tenant-occupied property affecting health or safety.
• Receive proper notice before landlord entry, rent increases, or eviction proceedings.
• Quiet enjoyment and privacy in their home.
• Take legal action if the landlord violates health or housing codes, discriminates, or retaliates for asserting legal rights.
• Withhold rent or pursue “repair and deduct” remedies in specific cases if the landlord fails to fulfill essential duties.

Montana tenants are responsible for:

• Paying rent and utility charges on time, as agreed in the lease.
• Complying with lease terms and using the property as intended.
• Keeping the rental unit clean and in good condition.
• Reporting maintenance issues as promptly as possible.
• Avoiding damage to the property and being responsible for damage caused by themselves or their guests.
• Respecting the privacy of neighboring tenants.
• Notifying the landlord if they plan to vacate the unit, typically with at least 30 days’ notice unless otherwise stated in the lease.
• Allowing reasonable access to the landlord for lawful purposes with appropriate notice.

Montana Required Disclosures

Before entering into a lease agreement, Montana landlords are legally required to share certain information with prospective tenants. These required disclosures typically relate to property conditions, tenant rights, or landlord policies and help ensure transparency and legal compliance.

Below are some of the main disclosures that Montana landlords must provide.

• Lead-based paint (Title X, Section 1018). Landlords in all 50 states must include information about lead-based paint hazards in the rental agreements for most properties built before 1978. Sellers and landlords must distribute an EPA-approved information pamphlet called “Protect Your Family from Lead in Your Home” and disclose any known lead hazards in the property. These obligations were established by Section 1018 of the Residential Lead-Based Paint Hazard Reduction Act of 1992.
• Landlord/Agent Identification (MCA § 70-24-301). Landlords are required to disclose the name and address of the person authorized to manage the premises and the owner or person responsible for receiving notices. This information must be kept current and in writing, and it must be disclosed before the commencement of the tenancy.
• Carbon Monoxide and Smoke Detectors (MCA § 70-24-303(1)(g)). At the commencement of a new rental agreement, the landlord must verify that the carbon monoxide detector and smoke detector installed in the unit are in good working order.
• Property Condition (MCA § 70-25-206). Landlords in Montana must include a written statement of the property condition in each rental agreement. The written statement should include, at minimum, a concise description of the present condition of the premises, a statement that the property has not previously been leased if such is true, and the landlord’s (or agent’s) signature.
• Mold (MCA § 70-16-703). Prior to leasing any rental unit, Montana landlords must include a general mold disclosure statement in the rental agreement. The full text of the disclosure can be found on the Montana Code Annotated 2021 site. Additionally, landlords are required to disclose the presence of mold to prospective tenants if they have knowledge that mold is present in the building or rental unit. If the building has been previously tested for mold, the landlord should advise the tenant that testing has occurred and provide a copy of the results, if available, along with evidence of any subsequent treatment.
• Methamphetamine Contamination (MCA § 75-10-1305, 75-10-1303). If a landlord in Montana knows that their inhabitable property has been previously contaminated by methamphetamine production, they must provide a written notice of this fact to any prospective tenants or buyers. The notice should include whether the property has been remediated and decontaminated to acceptable standards. If the landlord gives proper notice and verifies with the environmental department that the property has been appropriately decontaminated (1.5 micrograms of methamphetamine per 100 square centimeters or less), the landlord is released from liability.

Additional Reading: Montana Residential Lease Agreement

Montana Rent and Fee Laws

Rent Payments

• Due Date: Unless otherwise specified in the lease agreement, rent is due at the dwelling unit on the first of the month (MCA § 70-24-201).
• Rent Increases: There is no statewide rent control in Montana.
• Grace Period: There is no mandatory grace period in Montana.

Fees

• Application Fees: Rental application fees are not regulated in Montana.
• Late Fees: There is no statutory limit on late fees in Montana.
• NSF/Bounced Check Fee Maximum: If the tenant’s rent check bounces, the landlord may charge a fee of $30 (MCA § 27-1-717(2)).

Tenant Remedies

• Withholding Rent/Repair and Deduct: If the landlord fails to maintain the premises in a way that endangers health and safety, the tenant may notify the landlord and, after a reasonable amount of time, arrange for the repair themselves and deduct the cost from the rent. However, the repair cost must not exceed one month’s rent. The tenant also has the right to deliver a written notice stating that the rental agreement will terminate within 30 days (MCA § 70-24-406).

Montana Security Deposit Laws

Nearly every state, including Montana, enforces laws that regulate how landlords handle tenants’ security deposits. These laws typically cover how much a landlord can charge, whether interest must be paid, the timeline for returning the deposit after the lease ends, and the circumstances under which funds can be withheld. Below are the main security deposit regulations in Montana.

• Deposit Limit: There is no limit on security deposit amounts in Montana.
• Interest: Landlords in Montana are not required to pay interest on security deposits.
• Return Within: 30 days. However, if there are no deductions to the security deposit, it must be returned within 10 days of the tenancy’s termination (MCA § 70-25-202).
• Deposit Location: Landlords are not required to keep security deposits in a separate bank account.
• Withholding: Landlords may withhold funds from the security deposit for damages, unpaid rent, late charges, utilities, penalties specified in the lease, cleaning expenses outside of routine maintenance, and other money the tenant owes to the landlord (MCA § 70-25-201). The landlord must also deliver to the tenant a written list itemizing any deductions from the security deposit within 30 days (MCA § 70-25-202).

Montana Tenant Screening and Fair Housing Protections

What actions are considered housing discrimination?

Tenants in Montana are protected by federal and state laws that prohibit unfair housing practices. The Federal Fair Housing Act (Title 24 USC § 3601–3607) makes it illegal for landlords to discriminate during any stage of the rental process. Discriminatory actions can include:

• Accepting or rejecting rental applications based on personal characteristics
• Applying inconsistent screening criteria between applicants
• Writing discriminatory advertisements or listings
• Charging higher rents or security deposits to certain applicants
• Failing to provide maintenance or services equally
• Harassing or evicting tenants based on protected characteristics
• etc.

What are the protected classes in Montana?

Under the Federal Fair Housing Act, landlords may not discriminate based on:

• Race
• Color
• Religion
• Sex
• National origin
• Familial status
• Disability

Montana fair housing law adds marital status, creed, and age (MCA § 49-2-305). Landlords must apply consistent and lawful screening practices to all applicants and should familiarize themselves with both federal and Montana-specific fair housing regulations and landlord laws to avoid violations.

Use of Credit Reports

Montana landlords are subject to the federal Fair Credit Reporting Act (FCRA) (15 USC § 1681), which outlines the responsibilities of landlords to protect tenant credit information. According to the Act, landlords may not share tenant credit information with anyone without a legal reason to view it. They must also investigate disputed information, dispose of credit reports after use in tenant screening, and notify applicants when their credit score or history was the reason for their denial.

Use of Criminal Histories

Criminal background checks may be used during tenant screening in Montana. Montana landlords should follow HUD recommendations for using criminal background checks fairly. This includes avoiding blanket policies for denying applicants with criminal convictions, assessing applicants and their criminal histories on a case-by-case basis, and only denying an applicant when they demonstrate a risk to the safety of other residents or the property.

Additional Reading: Montana Background Checks & Screening Online

Montana Landlord Entry Laws

Montana law sets clear boundaries around when and how a landlord may enter a rental unit. These rules are designed to protect a tenant’s right to privacy while allowing landlords access for necessary purposes like repairs or inspections. Below are the entry landlord laws that you should know in Montana.

• Advanced Notice: 24 hours’ notice (MCA § 70-24-312(3)(a)).
• Permitted Times: Landlords in Montana may only enter at reasonable times. Acceptable reasons for entry include inspections, repairs, decorations, alterations, improvements, services, or showings (MCA § 70-24-312(1-3)).
• Emergency Entry: In case of an emergency, the landlord may enter without advanced notice or consent (MCA § 70-24-312(2)).

Montana Eviction Notices

Evictions are complex legal processes often poorly understood by both parties. Before pursuing eviction in Montana, consider hiring an experienced real estate attorney and be sure to review the Montana eviction process in more detail.

If you pursue eviction in Montana, the process begins with delivering a formal, written eviction notice. Montana law provides several types of notices, each corresponding to a specific reason for eviction:

• Rent Demand Notice: 3 days to pay or quit (MCA § 70-24-422(2)).
• Notice for Lease Violation (Unauthorized pets/residents or verbal abuse): 3 days to cure or quit. If a tenant has an unauthorized pet, unauthorized resident, or commits verbal abuse towards the landlord, the landlord may send this three-day notice to cure or quit (MCA § 70-24-422(1(b, c, f))).
• Notice for Lease Violation (All other violations): 14 days to cure or quit (MCA § 70-24-422(1)(a)). For more information about how to write a lease violation letter, see the Montana Judicial Branch website.
• Notice for Repeat Lease Violation: 5 days to quit. If the tenant commits substantially the same noncompliance within six months, the notice period is 5 days with no opportunity to cure (MCA § 70-24-422(1)(a-f)).
• Unconditional Notice to Quit: 3 days to quit. According to Montana eviction laws, this notice applies when the tenant destroys, damages, or threatens to damage any part of the property. The landlord is not required to provide an opportunity to cure the breach (MCA § 70-24-422(3-4)).

Additional Reading: Montana Eviction Process and Laws [2025]

Montana Squatter's Rights

Squatters are individuals who move into a property without permission from the owner. Removing squatters in Montana often requires undergoing the entire eviction process.

To remove a squatter, landlords must follow proper legal procedures, which usually begin with serving a written notice and, if necessary, filing for eviction through the court system. It's essential to distinguish between squatters and holdover tenants, as different legal standards may apply. Montana also recognizes the legal doctrine of adverse possession, which allows a squatter to gain legal ownership of a property if they meet specific requirements. In Montana, a squatter must occupy the property openly, continuously, exclusively, and without the owner’s permission for at least 5 years and pay property taxes during that time.

Because of the legal complexities involved, landlords are strongly encouraged to consult with a real estate attorney when dealing with squatters or adverse possession claims.

Additional Reading: Montana Squatter's Rights & Adverse Possession Laws [2025]

Other Laws and Facts About Montana

• The current average rent rate in Montana is $1,906 per month, according to Zillow.
• The current average rent rate in Billings is $1,500 per month, according to Zillow.
• If a rental property in Montana is substantially damaged or destroyed by fire or another casualty, tenants may immediately vacate and send their landlord a 14-day notice of their intention to terminate the lease. If the tenant chooses to continue living in the unit, the tenant’s rent should be reduced proportionately to the diminution in fair rental value of the property (MCA § 70-24-409).

Conclusion

Montana offers a balanced approach to landlord and tenant rights, making it a moderately landlord-friendly state. While the absence of statewide rent control allows for flexibility, landlords must adhere to comprehensive legal requirements covering lease agreements, security deposits, maintenance, and eviction processes. Landlords and tenants alike benefit from understanding their respective rights and responsibilities under Montana law to avoid disputes. As legal standards evolve, consulting the Montana Residential Landlord and Tenant Act of 1977 and seeking legal advice when necessary are crucial steps for successful property management.

FAQs

What is the Montana Residential Landlord and Tenant Act of 1977?

The Montana Residential Landlord and Tenant Act of 1977 is the framework governing rental relationships in Montana. It covers lease agreements, security deposits, maintenance, evictions, and notice requirements.

Is there rent control in Montana?

No, there is no statewide rent control in Montana. Landlords have the flexibility to adjust rent but must comply with applicable notice requirements.

How much notice must a landlord give before entering a rental property in Montana?

Montana landlords must provide at least 24 hours’ notice before entering a rental property, except in emergencies. Entry times must be reasonable.

Are late fees regulated in Montana?

Montana does not have statutory limits on late fees. Landlords can charge late fees as outlined in the lease agreement.

What disclosures must Montana landlords provide to tenants?

Landlords must provide disclosures on lead-based paint, carbon monoxide and smoke detectors, property condition, mold, and methamphetamine contamination.

How long do landlords in Montana have to return a security deposit?

Landlords must return the security deposit within 30 days of lease termination. If there are no deductions, it must be returned within 10 days.

Can a tenant in Montana withhold rent for repairs?

Yes, tenants can withhold rent or pursue "repair and deduct" remedies if the landlord fails to maintain the premises in a way that endangers health and safety.

What protections do tenants have against discrimination?

Montana tenants are protected from discrimination based on race, color, religion, sex, national origin, familial status, disability, marital status, creed, and age.

How are evictions handled in Montana?

Evictions in Montana must follow proper legal procedures, beginning with a formal written notice. Landlords should consult legal resources to ensure compliance.

What are a landlord's responsibilities for property maintenance?

Landlords in Montana are responsible for maintaining the premises in a habitable condition, making timely repairs, and complying with building codes to ensure tenant safety.

Free Downloads

1. Montana Residential Lease Agreement Template
2. Montana Quitclaim Deed
3. Montana 3-Day Notice to Pay or Vacate
4. Montana 30-Day Notice to Terminate Tenancy
5. Montana 3-Day Notice to Quit for Non-Compliance

Resources

1. Montana Uniform District Court Rules
2. Montana Adverse Possession Law
3. Montana Eviction Process & Laws [2025]
4. Montana Housing Market Trends & Forecast
5. Real Estate Terms & Definitions