Question 1

How much can a landlord charge for a security deposit in Montana?

Accepted Answer

No state statute capping security deposits was found in MCA tit. 70, chs. 24 and 25 (residential landlord and tenant). The lease terms control.

Question 2

How long does a landlord have to return a security deposit in Montana?

Accepted Answer

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.

Question 3

How much notice does a landlord have to give before entering a rental in Montana?

Accepted Answer

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.

Question 4

How much notice does a landlord need to give to raise the rent in Montana?

Accepted Answer

No state statute setting a notice period for rent increases was found in MCA tit. 70, chs. 24 and 25 (residential landlord and tenant). The lease terms control.

Question 5

Can a landlord charge a late fee in Montana, and how much?

Accepted Answer

No state statute capping late fees was found in MCA tit. 70, chs. 24 and 25 (residential landlord and tenant). The lease terms control.

Question 6

What notice does a landlord have to give before evicting for unpaid rent in Montana?

Accepted Answer

3 days' written notice to pay or the landlord may terminate the rental agreement.

Question 7

Can cities in Montana pass rent control?

Accepted Answer

Montana bars local rent control. A local government with self-government powers may not exercise "any power to control the amount of rent charged for private residential or commercial property" (MCA 7-1-111(26)). Property in which the local government has a property interest, including through a housing authority, is not private residential property for this purpose.

Question 8

How much notice is needed to end a month-to-month tenancy in Montana?

Accepted Answer

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).

Question 9

Does a landlord have to pay interest on a security deposit in Montana?

Accepted Answer

No state statute requiring interest on security deposits was found in MCA tit. 70, chs. 24 and 25 (residential landlord and tenant). The lease terms control.

Question 10

Is a move-in or move-out inspection checklist required in Montana?

Accepted Answer

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.

Question 11

Is landlord retaliation illegal in Montana?

Accepted Answer

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.

Question 12

Can a landlord change the locks or shut off utilities in Montana?

Accepted Answer

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.

Question 13

What can a tenant do if the landlord won't make repairs in Montana?

Accepted Answer

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.

Question 14

What disclosures must a landlord give tenants in Montana?

Accepted Answer

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).

Question 15

What can a landlord do with property a tenant leaves behind in Montana?

Accepted Answer

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.

Question 16

Can a tenant break a lease early for domestic violence or military service in Montana?

Accepted Answer

Montana's Residential Landlord and Tenant Act contains no military or domestic-violence early-termination right (full-text search of the act). Federal SCRA rights still apply.

Question 17

Is there a grace period before a late fee can be charged in Montana?

Accepted Answer

Montana's Residential Landlord and Tenant Act sets no late-fee grace period or cap (full-text search of the act). It only counts late fees as 'rent' when agreed in the rental agreement (§ 70-24-103(14)).

Question 18

Can a tenant fix something and deduct it from rent in Montana?

Accepted Answer

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.

Question 19

What happens if a tenant stays after the lease ends in Montana?

Accepted Answer

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.

Question 20

How does the eviction court process work in Montana?

Accepted Answer

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).

Question 21

Does a landlord have to provide smoke and carbon monoxide detectors in Montana?

Accepted Answer

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.

Question 22

Can a tenant withhold rent for repairs in Montana?

Accepted Answer

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.

Question 23

How much can a landlord charge for a rental application fee in Montana?

Accepted Answer

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. Reviewed by full-text search.

Question 24

Can a tenant sublet an apartment in Montana?

Accepted Answer

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. Reviewed by full-text search.

Question 25

What happens to the lease when a tenant dies in Montana?

Accepted Answer

There is no Montana statute on a tenant's death in the Residential Landlord and Tenant Act (MCA Title 70, ch. 24). Reviewed by full-text search.

Question 26

Can a landlord refuse Section 8 or other source of income in Montana?

Accepted Answer

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.

Question 27

What is the pet deposits/fees & service/esa animals rule in Montana?

Accepted Answer

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).

Question 28

What is the tenant relocation assistance rule in Montana?

Accepted Answer

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. Reviewed by full-text search.

Question 29

What is the rent receipts, payment methods & cash rule in Montana?

Accepted Answer

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.

Question 30

What is the eviction notices for other grounds (lease violation, no-fault) rule in Montana?

Accepted Answer

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."

Question 31

What is the right to cure / redeem rule in Montana?

Accepted Answer

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."

Question 32

What is the military lease termination (federal scra, all states) rule in Montana?

Accepted Answer

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" entering military service, the date of the military orders, or the date of a stop movement order (50 U.S.C. 3955(a)(1)(A)-(C)).

Question 33

What is the guest & occupancy limits rule in Montana?

Accepted Answer

There is no Montana statute on guest stays or occupancy limits in the Residential Landlord and Tenant Act (MCA Title 70, ch. 24). Reviewed by full-text search. Local ordinances or other state or federal laws may still apply.

Question 34

Can a landlord deny a tenant for criminal or credit history in Montana?

Accepted Answer

No state statute limiting screening of applicants' criminal or credit history was found in MCA tit. 70, chs. 24 and 25 (residential landlord and tenant). Federal fair-housing and FCRA rules still apply.

Question 35

What is the property manager licensing rule in Montana?

Accepted Answer

In Montana, a "broker" includes someone who, for compensation, negotiates rentals or leases or collects rents for another, and Mont. Code Ann. § 37-51-301 makes acting as a broker without a license unlawful. Statute text: "negotiates or attempts to negotiate the listing, sale, purchase, rental, exchange, or lease of real estate or of the improvements on real estate or collects rents or attempts to collect rents" (Mont. Code Ann. §§ 37-51-102, 37-51-301).

Question 36

Does a landlord need just cause to evict in Montana?

Accepted Answer

There is no general just-cause (good-cause) requirement for ending a tenancy in Montana's Residential Landlord and Tenant Act (MCA Title 70, ch. 24). reviewed by full-text search on 2026-10-23 for "just cause", "good cause" and "for cause" (no matches); the Act contemplates a landlord ending a month-to-month tenancy "without cause" with a lawful 30-day notice (MCA 70-24-429(3)).

Question 37

What is the tenant buyout disclosures rule in Montana?

Accepted Answer

There is no Montana statute on tenant buyout agreements or buyout disclosures in the Residential Landlord and Tenant Act (MCA Title 70, ch. 24). Full-text search for "buyout" and payments to vacate.

Question 38

What is the rental / transient occupancy tax rule in Montana?

Accepted Answer

Montana charges two state taxes on accommodations: a 4% lodging facility use tax and a 4% sales tax on accommodations and campgrounds, 8% in all. Both are paid by the guest and collected by the seller. Statute text: "There is imposed on the user of accommodations a tax at a rate equal to 4% of the sales price paid by the purchaser." (Mont. Code Ann. §§ 15-65-111, 15-68-102(1)(a)).

Question 39

What federal protections does a tenant have after foreclosure in Montana?

Accepted Answer

Federal law that applies in every state: under the Protecting Tenants at Foreclosure Act (made permanent in 2018), whoever takes over a home through foreclosure must give a bona fide tenant at least 90 days' notice to vacate. A tenant with a bona fide lease signed before the notice of foreclosure (the date title passes) can stay until the lease ends, unless the unit is sold to a buyer who will live there as a primary residence; that buyer must still give the 90-day notice. Month-to-month and at-will tenants also get the 90 days. A tenancy is bona fide only if the tenant is not the borrower or the borrower's child, spouse or parent, the deal was at arm's length, and the rent is not far below market (unless it is subsidized). State or local laws with longer notice or more protection still apply, and any state-specific rule on this page also applies. Statute text: "the provision, by such successor in interest of a notice to vacate to any bona fide tenant at least 90 days before the effective date of such notice" (Pub. L. 111-22, SEC. 702(a)(1)).

Question 40

What is the manufactured / mobile home parks rule in Montana?

Accepted Answer

Under the Montana Residential Mobile Home Lot Rental Act, a landlord can end a lot rental agreement for the tenant's noncompliance by written notice, with set minimum notice periods: 7 days for nonpayment of rent, late charges or common area fees, 14 days for a rule violation that is not an immediate threat, and 24 hours for one that threatens others' health and safety. Statute text: "nonpayment of rent, late charges, or common area maintenance fees as established in the rental agreement, for which the notice period is 7 days" (Mont. Code Ann. § 70-33-433(1)).

Question 41

What are the Airbnb / short-term rental rules in Montana?

Accepted Answer

In Montana, a "tourist home" (a private home or condo rented in its entirety to transient guests by the day or week, with no owner or manager on site) is a licensed establishment. Its operator must get an annual license from the Department of Public Health and Human Services, validated by the local health officer or sanitarian. Statute text: "a person engaged in the business of conducting or operating an establishment shall annually procure a license issued by the department" (Mont. Code Ann. §§ 50-51-201(1), 50-51-102(4), (12)).

Question 42

What is the warranty of habitability in Montana?

Accepted Answer

The landlord must make repairs and do whatever is needed to keep the premises fit and habitable, keep common areas clean and safe, maintain landlord-supplied electrical, plumbing, heating and other systems, provide garbage removal unless the lease says otherwise, supply running water, reasonable hot water at all times and reasonable heat from October 1 to May 1, and install working smoke and carbon monoxide detectors.

Question 43

What disclosures must a landlord give in Montana?

Accepted Answer

At or before the start of the tenancy, the landlord must disclose in writing the name and address of the person authorized to manage the premises and of the owner or the owner's agent for service of process and notices. The information must be kept current.

Question 44

Does a landlord have to give notice before not renewing a lease in Montana?

Accepted Answer

Either party may end a week-to-week tenancy with at least 7 days' written notice and a month-to-month tenancy with at least 30 days' written notice. A fixed-term lease ends at the end of its term.

Question 45

What is the deposit bank holding / separate account rule in Montana?

Accepted Answer

No state statute on how security deposits must be held (separate, trust or interest-bearing accounts) was found in MCA Title 70 ch. 24 (Residential Landlord and Tenant Act) and ch. 25 (security deposits). Reviewed by full-text search.

Question 46

What is the domestic violence early termination rule in Montana?

Accepted Answer

No state statute letting domestic violence victims end a lease early was found in MCA Title 70 ch. 24 (Residential Landlord and Tenant Act) and ch. 25 (security deposits). Reviewed by full-text search.

Question 47

What is the scra / military lease termination rule in Montana?

Accepted Answer

No state statute giving servicemembers a state right to end a lease was found in MCA Title 70 ch. 24 (Residential Landlord and Tenant Act) and ch. 25 (security deposits). Reviewed by full-text search.

Question 48

Does Montana have rent control?

Accepted Answer

No state statute limiting rent amounts was found in MCA Title 70 ch. 24 (Residential Landlord and Tenant Act) and ch. 25 (security deposits). Reviewed by full-text search.

Question 49

What is the eviction record sealing rule in Montana?

Accepted Answer

No state statute sealing eviction records was found in MCA Title 70 ch. 24 (Residential Landlord and Tenant Act) and ch. 25 (security deposits). Reviewed by full-text search.

Question 50

Do landlords need a rental license or registration in Montana?

Accepted Answer

No state statute requiring rental registration was found in MCA Title 70 ch. 24 (Residential Landlord and Tenant Act) and ch. 25 (security deposits). Reviewed by full-text search.

Question 51

Can the city inspect my rental property in Montana?

Accepted Answer

No state statute requiring rental inspections was found in MCA Title 70 ch. 24 (Residential Landlord and Tenant Act) and ch. 25 (security deposits). Reviewed by full-text search.

Question 52

What is the condo conversion protections rule in Montana?

Accepted Answer

No state statute on condominium conversions affecting tenants was found in MCA Title 70 ch. 24 (Residential Landlord and Tenant Act) and ch. 25 (security deposits). Reviewed by full-text search.

Question 53

What rights does a tenant have after foreclosure in Montana?

Accepted Answer

No state statute protecting tenants after foreclosure was found in MCA Title 70 ch. 24 (Residential Landlord and Tenant Act) and ch. 25 (security deposits). Reviewed by full-text search.

Question 54

How much does it cost to file an eviction in Montana?

Accepted Answer

Montana law sets the justice court civil filing fee for a complaint, including an action for possession, at $40 paid by the plaintiff, plus $20 when the defendant appears and $20 from the prevailing party at judgment (MCA 25-31-112). Some county justice courts post a $50 complaint fee, which may include other charges, so check the local court's schedule. District court fees differ.

Montana landlord-tenant law FAQ