Montana landlord-tenant law FAQ
33 answers to common Montana landlord questions. Every answer is a verified fact with its official source and last-checked date.
How much can a landlord charge for a security deposit in Montana?
Montana's landlord-tenant law (MCA tit. 70, chs. 24 and 25, read in full on 2026-10-15) sets no maximum security deposit; the lease terms control.
Verified Source: MCA tit. 70, chs. 24 and 25 · last checked 2026-10-15 · Full security deposit limit page
How long does a landlord have to return a security deposit in Montana?
Generally within 30 days after the tenancy ends or the premises are surrendered (whichever comes first), with a written list of charges and the refund; subsection (2) sets exceptions.
Verified Source: MCA § 70-25-202(1) · last checked 2026-10-15 · Full deposit return deadline page
How much notice does a landlord have to give before entering a rental in Montana?
At least 24 hours' notice, except in an emergency or where impracticable; entry only at reasonable times. Posting on the main entry door counts as notice.
Verified Source: MCA § 70-24-312(3) · last checked 2026-10-15 · Full notice to enter page
How much notice does a landlord need to give to raise the rent in Montana?
Montana's landlord-tenant law (MCA tit. 70, chs. 24 and 25, read in full on 2026-10-15) sets no notice period for rent increases; the lease terms control.
Verified Source: MCA tit. 70, chs. 24 and 25 · last checked 2026-10-15 · Full rent increase notice page
Can a landlord charge a late fee in Montana, and how much?
Montana's landlord-tenant law (MCA tit. 70, chs. 24 and 25, read in full on 2026-10-15) sets no late-fee cap; the lease terms control.
Verified Source: MCA tit. 70, chs. 24 and 25 · last checked 2026-10-15 · Full late fees page
What notice does a landlord have to give before evicting for unpaid rent in Montana?
3 days' written notice to pay or the landlord may terminate the rental agreement.
Verified Source: MCA § 70-24-422(2) · last checked 2026-10-15 · Full eviction notice (nonpayment) page
How much notice is needed to end a month-to-month tenancy in Montana?
Either party may end a month-to-month tenancy with at least 30 days' written notice before the termination date, given at any time (7 days for week-to-week).
Verified Source: MCA 70-24-441 · last checked 2026-10-15 · Full ending a month-to-month tenancy page
Does a landlord have to pay interest on a security deposit in Montana?
Montana's landlord-tenant law (MCA Title 70, chs. 24 and 25, read in full on 2026-10-15) sets no requirement to pay interest on security deposits; the lease terms control.
Verified Source: MCA Title 70, chs. 24 and 25 · last checked 2026-10-15 · Full interest on deposits page
Is a move-in or move-out inspection checklist required in Montana?
Required when a deposit is taken. When the lease is signed or the tenancy starts, the landlord must give a separate signed written statement of the premises' present condition (or that the unit was never rented before). On the tenant's written request, the landlord must also give the prior tenant's list of damage and cleaning charges. A landlord who fails to do this cannot recover damage or cleaning costs unless the landlord proves by clear and convincing evidence that the tenant caused them.
Verified Source: MCA 70-25-206 (Browser transcription) · last checked 2026-10-15 · Full move-in/move-out checklist page
Is landlord retaliation illegal in Montana?
Yes. A landlord may not raise rent, cut services, or bring or threaten an eviction after the tenant complained to a code agency, complained in writing to the landlord, or joined a tenants' union. A complaint within 6 months before creates a rebuttable presumption of retaliation.
Verified Source: MCA 70-24-431 · last checked 2026-10-15 · Full retaliation protections page
Can a landlord change the locks or shut off utilities in Montana?
Unlawful removal or exclusion, or purposeful interruption of heat, water, hot water, electricity, gas or other essential services, lets the tenant recover possession or terminate, plus up to 3 months' rent or treble damages.
Verified Source: MCA 70-24-411 · last checked 2026-10-15 · Full lockouts and utility shutoffs page
What can a tenant do if the landlord won't make repairs in Montana?
Health and safety noncompliance: written notice ending the lease in 30+ days unless fixed within 14 days (3 working days in an emergency). Or, after notice and a reasonable time, repair and deduct up to 1 month's rent. If essential services (heat, water, power) aren't supplied, the tenant may buy them and deduct the cost, or get substitute housing.
Verified Source: MCA 70-24-406, 70-24-408 · last checked 2026-10-15 · Full repairs and habitability remedies page
What disclosures must a landlord give tenants in Montana?
At or before the start of the tenancy, the landlord must disclose in writing the name and address of the manager and the owner (or the owner's agent for service and notices).
Verified Source: MCA 70-24-301 · last checked 2026-10-15 · Full required lease disclosures page
What can a landlord do with property a tenant leaves behind in Montana?
After a court-ordered termination, property left behind is considered abandoned and may be disposed of as allowed by law. Otherwise, with clear and convincing evidence of abandonment and 48 hours elapsed, the landlord may remove it and immediately discard trash or hazardous, perishable or valueless items. Valuable items must be inventoried and stored with reasonable care.
Verified Source: MCA 70-24-430 · last checked 2026-10-15 · Full abandoned property page
Can a tenant break a lease early for domestic violence or military service in Montana?
Montana's Residential Landlord and Tenant Act contains no military or domestic-violence early-termination right (full act read). Federal SCRA rights still apply.
Verified Source: MCA 70-24-101 to -442 · last checked 2026-10-15 · Full early termination (dv/military) page
Is there a grace period before a late fee can be charged in Montana?
Montana's Residential Landlord and Tenant Act sets no late-fee grace period or cap (full act read). It only counts late fees as 'rent' when agreed in the rental agreement (§ 70-24-103(14)).
Verified Source: MCA 70-24-103(14); 70-24-101 to -442 · last checked 2026-10-15 · Full late fee grace period page
Can a tenant fix something and deduct it from rent in Montana?
If the landlord fails to make health and safety repairs within a reasonable time after notice, the tenant may make repairs costing up to one month's rent and deduct the cost from rent.
Verified Source: MCA § 70-24-406(1)(b) · last checked 2026-10-15 · Full repair and deduct page
What happens if a tenant stays after the lease ends in Montana?
If a tenant stays without consent after the lease ends, the landlord may sue for possession. For a purposeful, bad-faith holdover (or staying past a lawful 30-day no-cause notice on a month-to-month), the landlord may recover the greater of up to 3 months' rent or treble damages.
Verified Source: MCA § 70-24-429(1)-(3) · last checked 2026-10-15 · Full holdover tenants page
How does the eviction court process work in Montana?
Eviction and holdover cases follow the Justice and City Court Rules of Civil Procedure, except that the tenant must answer within 5 business days after service of the summons and complaint (not counting the day of service).
Verified Source: MCA § 70-24-429(4) · last checked 2026-10-15 · Full eviction court process & timeline page
Does a landlord have to provide smoke and carbon monoxide detectors in Montana?
Landlords must install an approved smoke detector and carbon monoxide detector in each unit, and verify they work at the start of the lease. Tenants must keep them in working order.
Verified Source: MCA § 70-24-303(1)(g) · last checked 2026-10-15 · Full smoke & co detectors page
Can a tenant withhold rent for repairs in Montana?
In a landlord's suit for unpaid rent where the tenant counterclaims, the court may order the tenant to pay accrued and future rent into court. The court then decides how much each side is owed.
Verified Source: Mont. Code Ann. § 70-24-421 · last checked 2026-10-15 · Full rent withholding / escrow page
How much can a landlord charge for a rental application fee in Montana?
A search of the full text of Montana's Residential Landlord and Tenant Act (Title 70, ch. 24) found no limit on application or screening fees.
Verified Source: Mont. Code Ann. Title 70, ch. 24 (searched in full) · last checked 2026-10-15 · Full application fees & screening page
Can a tenant sublet an apartment in Montana?
A search of the full text of the Act found no general rule on subletting. 'Tenant' is defined to include a sublessee who has the landlord's written approval under the rental agreement.
Verified Source: Mont. Code Ann. § 70-24-103; ch. 24 (searched in full) · last checked 2026-10-15 · Full subletting & assignment page
What happens to the lease when a tenant dies in Montana?
A search of the full text of Montana's Residential Landlord and Tenant Act found no provision on a tenant's death.
Verified Source: Mont. Code Ann. Title 70, ch. 24 (searched in full) · last checked 2026-10-15 · Full death of a tenant page
Can a landlord refuse Section 8 or other source of income in Montana?
Source of income is not a protected class under Montana's housing discrimination statute. MCA 49-2-305 covers sex, marital status, race, creed, religion, color, age, familial status, physical or mental disability and national origin.
Verified Source: MCA 49-2-305 · last checked 2026-10-15 · Full source of income discrimination page
What is the pet deposits/fees & service/esa animals rule in Montana?
A tenant with a disability-related need may ask to keep an emotional support animal. If the need isn't obvious, the landlord may ask for supporting information. The landlord may deny the request if the animal poses a direct threat to safety, health or property that can't be reduced another way. Separately, the notice to fix an unauthorized pet is only 3 days (§ 70-24-422).
Verified Source: Mont. Code Ann. §§ 70-24-114, 70-24-422 · last checked 2026-10-15 · Full pet deposits/fees & service/esa animals page
What is the tenant relocation assistance rule in Montana?
A search of the full text of Mont. Code Ann. Title 70, ch. 24 (§§ 70-24-101 et seq.) found no requirement for landlords to pay tenants relocation assistance. Government relocation programs, such as those for public projects, are in other laws not reviewed here.
Verified Source: Mont. Code Ann. Title 70, ch. 24 (§§ 70-24-101 et seq.) (searched in full) · last checked 2026-10-15 · Full tenant relocation assistance page
What is the rent receipts, payment methods & cash rule in Montana?
Unless the lease says otherwise, rent is paid at the landlord's address or by electronic transfer to an account the landlord designates. A landlord may not charge a fee based on how rent is paid, except to recover a bank fee for electronic payments.
Verified Source: Mont. Code Ann. § 70-24-201 · last checked 2026-10-15 · Full rent receipts, payment methods & cash page
What is the eviction notices for other grounds (lease violation, no-fault) rule in Montana?
For most lease violations, the landlord's written notice must give at least 14 days to move out. An unauthorized pet, unauthorized occupants or verbal abuse of the landlord allow 3 days, and a repeat violation within 6 months allows 5 days. Code text: "If the noncompliance is not listed in subsection (1)(b), (1)(c), or (1)(f), the notice period is 14 days."
Verified Source: MCA 70-24-422(1) · last checked 2026-10-16 · Full eviction notices for other grounds (lease violation, no-fault) page
What is the right to cure / redeem rule in Montana?
Yes. If the violation can be fixed by repairs, paying damages or getting the landlord's written approval, and the tenant fixes it before the date in the notice, the lease does not end. Code text: "If the noncompliance is remediable by repairs, the payment of damages, or written approval of the landlord and the tenant remedies the noncompliance before the date specified in the notice, the rental agreement does not terminate."
Verified Source: MCA 70-24-422(1)(a) · last checked 2026-10-16 · Full right to cure / redeem page
What is the military lease termination (federal scra, all states) rule in Montana?
Federal law that applies in every state: under the Servicemembers Civil Relief Act, a tenant may end a residential lease after entering military service, or after getting permanent-change-of-station orders or deployment orders of at least 90 days, by delivering written notice and a copy of the orders to the landlord. For a lease with monthly rent, termination takes effect 30 days after the next rent due date following delivery of the notice. Any state-specific rule on this page also applies. Code text: "The lessee on a lease described in subsection (b) may, at the lessee's option, terminate the lease at any time after."
Verified Source: 50 U.S.C. § 3955 (federal Servicemembers Civil Relief Act) · last checked 2026-10-16 · Full military lease termination (federal scra, all states) page
What is the guest & occupancy limits rule in Montana?
The state landlord-tenant statute (Mont. Code Ann. Title 70, ch. 24 (Residential Landlord and Tenant Act of 1977), read in full on 2026-10-16) has no provision on guest stays or occupancy limits. Local ordinances or other state or federal laws may still apply.
Verified Source: Mont. Code Ann. Title 70, ch. 24 (Residential Landlord and Tenant Act of 1977) · last checked 2026-10-16 · Full guest & occupancy limits page
Can a landlord deny a tenant for criminal or credit history in Montana?
Montana's Residential Landlord and Tenant Act of 1977 (Mont. Code Ann. Title 70, ch. 24, read in full on 2026-10-16) sets no rules on screening applicants' criminal or credit history; federal fair-housing and FCRA rules still apply.
Verified Source: Mont. Code Ann. Title 70, ch. 24 · last checked 2026-10-16 · Full criminal & credit history rules page
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