Montana Late fees
Can a landlord charge a late fee in Montana, and how much?
No state statute capping late fees was found in MCA tit. 70, chs. 24 and 25 (residential landlord and tenant). The lease terms control.
Verified Source: MCA tit. 70, chs. 24 and 25 (full-text search) · last checked 2026-10-23
What this means for landlords
A late fee is meant to cover the cost of rent coming in late, not to punish the tenant. The verified rule above sets out what Montana allows. A fee that breaks the rule may not be collectable, and it can hurt you in an eviction case.
Step by step
- Put the late fee, the due date and any grace period in the written lease.
- Check that the amount fits the rule above.
- Apply the fee the same way to every tenant.
- Show late fees as separate line items on the tenant ledger.
- Give the tenant a written notice of the fee when you charge it.
Common mistakes to avoid
- Charging a fee that isn't in the lease.
- Setting the fee higher than the rule allows.
- Charging the fee before any grace period has passed.
- Adding daily fees that keep growing with no cap.
- Treating unpaid late fees as unpaid rent in an eviction notice.
Same topic in neighboring states
All Montana landlord-tenant law · Montana landlord FAQ · Security deposit limit · Deposit return deadline · Notice to enter · Required lease disclosures · Required disclosures (mold, lead, radon, bedbug, asbestos, flood zone)
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