Overview of Landlord-Tenant Laws in Montana

Montana laws govern much of the landlord-tenant relationship, including security deposits, late rent, and evictions. Here's a breakdown of key laws that affect nearly all Montana landlords and tenants.

Montana Rental Application and Tenant Screening Laws

Montana law regulates very little of the tenant application and screening process.

Application Fees

There is no law in Montana that prohibits landlords from charging an application fee.

Tenant Screening Reports

A tenant screening report is a credit report, criminal background report, employment history report, or rental history report that a landlord uses to determine whether an applicant would be an acceptable tenant. Montana landlords are free to charge reasonable amounts for tenant screening reports.

Criminal History Screening

Montana does not have a state law prohibiting landlords from considering applicants' criminal histories. However, landlords must still be careful. When landlords consider applicants' criminal history, they must do so in a consistent, nondiscriminatory manner. If a landlord's practice of considering criminal history has a discriminatory effect—for example, if the landlord asks only applicants of a certain color for criminal history information—the landlord is engaging in illegal discrimination and can be subject to penalties. Also, landlords can reject applicants only for past convictions that are directly related to the application—in other words, convictions that have a negative bearing on a legitimate business concern of the landlord.

Fair Housing Laws

All landlords need to follow federal and state antidiscrimination laws when screening applicants for a rental. Federal fair housing laws prohibit landlords from discriminating on the basis of:

• race or color
• religion
• national origin
• familial status or age (includes families with children under the age of 18 and pregnant women)
• disability or handicap, and
• sex (includes gender identity and sexual orientation).

Montana's fair housing law mirrors the categories protected under the federal fair housing laws. (Mont. Code § 49-2-305 (2024).)

For more information about Montana's fair housing laws, check out Montana Fair Housing.

Montana Security Deposit Laws

Montana doesn't set a cap on how much landlords can charge for a security deposit. It does, however, set requirements for when and how landlords must return security deposits.

Before a Landlord Collects a Security Deposit

Montana landlords can't charge a security deposit unless they first give the tenant a statement about the condition of the rental before the tenancy begins. The statement must include:

• a description of the present condition of the rental
• a notification that the property has never been rented before (if applicable), and
• the landlord's signature.

If the landlord doesn't provide this pre-move-in statement, the landlord can't retain the security deposit unless they can establish by clear and convincing evidence that the damage occurred during the tenancy and was caused by the tenant. (Mont. Code § 70-25-206 (2024).)

Return of Security Deposits

Both tenants and landlords have the right to request an inspection within one week before the tenancy ends. (Mont. Code § 70-25-201 (2024).) By requesting an inspection, both parties will be able to determine most (if not all) of the items needing to be addressed before the tenant moves out.

If, after the inspection, there's no damage to the rental or other deduction that the landlord can take from the security deposit, the landlord must return the full deposit within 10 days after the tenant moves out. (Mont. Code § 70-25-202(1)(b) (2024).)

Within 30 days of the end of the tenancy, the landlord must provide the tenant with a written list of any rent due and any damage and cleaning charges. The written list must be accompanied by the return of the remaining security deposit (if any). (Mont. Code § 70-25-201(1)(a) (2024).)

If a landlord doesn't provide a written list of damage and charges, the landlord loses the right to withhold any of the security deposit. (Mont. Code § 70-25-203 (2024).) The tenant can sue the landlord to recover the security deposit. (Mont. Code § 70-25-204 (2024).)

Required Landlord Disclosures in Montana

In many states, landlords must disclose specific information to tenants and potential tenants. Montana landlords must disclose information about:

• Owner or agent identity: Landlords or property managers must disclose to the tenant in writing at or before the tenancy begins the name and address of the person authorized to manage the premises as well as the information for the person who is authorized to receive notices and demands. (Mont. Code § 70-24-301 (2024).)
• Mold: Before signing a lease, if a landlord knows that mold is present in the rental, the landlord must disclose its presence. If the landlord knows that the building has been tested for mold, the landlord must advise the tenant that testing has occurred and provide a copy of the results (if available), as well as any evidence of subsequent treatment. Landlords can avoid liability for damages resulting from mold if they comply with these rules, provide tenants with a mold disclosure statement in the form prescribed by statute, and obtain the tenants' written acknowledgment of receipt of the disclosure. (Mont. Code § 70-16-703 (2024).)
• Methamphetamine contamination: Before signing a lease or rental agreement, a landlord who knows that the property has been contaminated by smoke from the use of meth or was used as a meth lab must disclose this history to the potential tenant. Disclosure isn't required if the property has been remediated to the state's standards by a contractor who is certified by the state. Landlords who themselves did not cause the contamination, and who have obtained documentation of decontamination that they have provided to tenants, will not be liable in a tenant's lawsuit for damages. (Mont. Code § 75-10-1305 (2024).)

In addition, landlords in all states must follow federal lead-based paint disclosure rules.

Montana Late Fees and Other Rent Rules

In Montana, rent is due on whatever day the landlord and tenant agree to. (Mont. Code § 70-24-201 (2024).)

Grace Periods and Late Fees

Montana doesn't require landlords to give tenants a grace period for paying rent. However, a landlord and tenant can agree in the lease or rental agreement that there will be a grace period.

Montana landlords can charge late fees, and there is no cap on how much they can charge. Most judges won't enforce unreasonable late fees, though. In general, a late fee will be considered reasonable as long as it doesn't exceed 4%-5% of the rent and has an upper limit.

Rent Increases

Montana landlords can't raise the rent during the term of a lease unless the lease specifically allows them to do so.

For month-to-month tenancies, Montana landlords can raise the rent by giving notice in writing at least 15 days before the expiration of the month. The change will take effect at the end of the month. (Mont. Code § 70-26-109 (2024).)

Montana Landlords Must Provide Habitable Rentals

Like landlords in all states, Montana landlords must provide rentals that are safe and fit for human habitation. Specifically, Montana landlords must:

• comply with the requirements of applicable building and housing codes materially affecting health and safety
• make repairs and do whatever is necessary to put and keep the rental in a fit and habitable condition, unless the tenant has assumed responsibility for a repair
• keep the common areas clean and safe
• maintain in good and safe working order and condition all electrical, plumbing, sanitary, heating, ventilating, air-conditioning, and other facilities and appliances supplied or required to be supplied by the landlord
• provide receptacles for removal of waste
• supply running water and reasonable amounts of hot water at all times
• supply reasonable heat between October 1 and May 1 in most instances; and
• install a carbon monoxide detector in each unit.

In some situations, landlords and tenants can agree to have a tenant perform specified repairs, maintenance tasks, alterations, and remodeling, but the agreement generally must be entered into in good faith and not for the purpose of the landlord's avoiding their obligations. (Mont. Code § 70-24-303 (2024).)

Tenant Remedies in Montana

When a landlord fails to make repairs or provide a habitable rental, Montana tenants have the following options.

Repair and Deduct

If a landlord fails to repair an issue that affects health and safety, the tenant can have the repair made and deduct the cost of the repair from the rent. The tenant can only deduct up to one month's rent, and must first give the landlord notice of the issue and a reasonable opportunity to make the repair. If the repair is necessary because of an emergency (such as a broken pipe that's spewing water around the rental), the tenant can have the repairs made right away but only by a person qualified to make the repairs. (Mont. Code § 70-24-406(1)(b) (2024).)

Tenants also have the right to repair and deduct up to a month's rent if the landlord fails to make a repair as required by the lease or rental agreement. (Mont. Code § 70-24-407 (2024).)

Termination of the Tenancy

For more serious breaches affecting health and safety (for example, repairs that would cost more than one month's rent), the tenant can deliver a written notice to the landlord explaining what the issue is. The notice should state that the tenant is terminating the tenancy in 30 days unless the breach is remedied within the next 14 days. If the landlord doesn't make the repairs, the tenant can move out without further responsibility for rent.

If the landlord's failure to repair results in an emergency and the landlord doesn't fix the situation within three working days of receiving notice, the tenant can terminate the tenancy.

If this is the second time that the tenant has had to give notice of the same repair within the past six months, the tenant can terminate the tenancy with 14 days' written notice. The tenant doesn't have to give the landlord the chance to repair the issue. (Mont. Code § 70-24-406 (2024).)

Tenant's Remedy When a Landlord Fails to Provide Essential Services

When a landlord fails to supply heat, running water, hot water, electricity, gas, or other essential services, the tenant can give the landlord written notice of the breach and can:

• procure reasonable amounts of the service and deduct the cost from the rent
• recover damages based on how the fair rental value of the unit was reduced due to the landlord's failure to supply the service; or
• move into substitute housing during the period of the landlord's noncompliance, in which case the tenant is excused from paying rent during the period of the landlord's compliance.

The tenant must give the landlord a reasonable opportunity to correct the issue before using one of these remedies. (Mont. Code § 70-24-408 (2024).)

Small Claims Lawsuits in Montana

If you find yourself in a battle over a security deposit or repairs, small claims court is a good place to bring your grievance. Small claims courts in Montana can hear cases in which the plaintiff—the person suing—isn't asking for more than $7,000.

Small claims court procedures tend to be simpler than those of regular courts, and although Montana allows parties to have lawyers when all the parties are represented by lawyers, many people represent themselves.

Montana Termination and Eviction Rules

Montana landlords must follow very specific rules and procedures to terminate a tenancy and then, if necessary, file an eviction lawsuit.

Notice of Termination for Cause

A landlord who wants to evict a tenant in Montana before the lease or rental agreement has expired must have cause—in other words, a legally valid reason to terminate the tenancy. Common reasons for terminating a tenancy in Montana include failing to pay rent or violating the lease or rental agreement.

When a landlord wants a tenant to leave for cause, the landlord must first terminate the tenancy. The following are the types of termination notices recognized by Montana law.

• Notice to cure: In some situations, the landlord must give the tenant an opportunity to cure (remedy) the problem before the landlord can file an eviction lawsuit. A notice to cure or remedy must be given when the tenant:
  • has an unauthorized pet living in or at the rental unit (3-day notice required)
  • has unauthorized people living in the rental unit (3-day notice required)
  • engages again in the same behavior that led to the landlord giving a notice to cure within the past six months (5-day notice required), or
  • violates another term of the lease or rental agreement (14-day notice required).

Also, if the problem is that the tenant has verbally abused the landlord, the landlord can give the tenant a 3-day written notice to cure. (Mont. Code § 70-24-422(1) (2024).)

• 3-day notice to pay rent: A Montana landlord cannot evict a tenant for failure to pay rent unless the landlord has first given the tenant a 3-day notice to pay rent. The notice must inform the tenant that the tenant has three days to pay rent or the landlord will terminate the tenant's lease or rental agreement. The landlord can file an eviction lawsuit if the tenant does not pay the rent within the three-day notice period. (Mont. Code § 70-24-422(2) (2024).)
• Unconditional quit notice: Under some circumstances, the landlord is not required to give the tenant the opportunity to fix the problem. Rather, the landlord need only post a notice (called an unconditional quit notice) that the tenant must leave within a certain time period. If the tenant doesn't leave during that time period, the landlord can file an eviction lawsuit. Montana landlords can use an unconditional quit notice giving the tenant three days to move out when the tenant:
  • destroys, defaces, damages, impairs, or removes any part of the rental (Mont. Code § 70-24-422(3)), or
  • creates a reasonable threat of damage or destruction to the rental or a threat of injury to the other tenants by engaging in activities such as drug manufacturing, gang participation, unlawful possession of firearms, or other activities prohibited by law (Mont. Code § 70-24-422(4)).

Notice of Termination Without Cause

The process for ending a tenancy without cause depends on the type of tenancy. Here's what needs to happen for month-to-month tenancies and long-term tenancies.

Ending a Month-to-Month Tenancy Without Cause

If the tenant has a month-to-month rental agreement, and the landlord wants the tenant to move out but doesn't have cause to end the tenancy, the landlord must give the tenant a 30-day written notice to vacate. The notice must inform the tenant that the tenancy is ending in 30 days and that the tenant must move out by this date. If the tenant doesn't move out by the deadline in the notice, the landlord can file an eviction lawsuit. (Mont. Code § 70-24-441 (2024).)

Ending a Tenancy With a Long-Term Lease Without Cause

When a landlord wishes to end a fixed-term lease but doesn't have cause to evict the tenant, the landlord has to wait until the lease has expired before expecting the tenant to move. The landlord isn't required to give the tenant notice of the approaching end of the tenancy unless the terms of the lease require it. (Mont. Code § 70-24-430 (2024).)

Tenant Defenses to Eviction

Even though a landlord might have a valid reason to evict a tenant, the tenant can still choose to fight the eviction. For example, the tenant could claim that the eviction is the result of the landlord illegally discriminating, or is in retaliation for the tenant exercising a legal right.

A tenant's decision to fight the eviction could increase the costs of the eviction, and it could result in the tenant having more time to remain in the rental. For these reasons, it's often in the best interests of both the tenant and the landlord to try to negotiate a compromise rather than head to court. Mediation is a common way for landlords and tenants to work issues out—check to see if your community has a low-cost or free housing mediation program.

Illegal Evictions

Under Montana law, landlords can't take self-help measures to evict a tenant. For example, a landlord can't remove or exclude the tenant (by changing locks, perhaps) from the rental. Landlords also can't cause the interruption of heat, running water, hot water, electricity, gas, or other essential services. If a landlord takes any of these actions, the tenant can choose to get an order so they can move back in or terminate the tenancy. Either way, the tenant might also be able to sue the landlord for three months' rent or three times the damages the tenant incurred because of the illegal lockout—whichever is greater. If the tenant wins an illegal eviction lawsuit, the tenant might also be entitled to have the landlord pay their attorneys' fees and costs. (Mont. Code §§ 70-24-411, 70-24-442 (2024).)

Montana Rules About Landlords' Access to Property

Landlords can always enter a rental with the tenant's consent or when there's a reasonable belief that there's imminent danger to lives or property. Otherwise, under Montana law, tenants are required to allow their landlord to enter to:

• inspect the premises
• make necessary or agreed-upon repairs or improvements
• supply necessary or agreed-upon services, and
• show the unit to potential purchasers, mortgagees, tenants, workers, or contractors.

Unless it's an emergency, the landlord must give the tenant at least 24 hours' notice of their intent to enter, and may enter only at reasonable times. (Mont. Code § 70-24-312 (2024).)

Where to Find Montana Landlord-Tenant Laws

If you want to read the text of a law itself, see the website of the Montana Legislature.

Local Ordinances Affecting Montana Landlords and Tenants

Cities and counties often pass local ordinances, such as health and safety standards, noise and nuisance regulations, and anti-discrimination rules that affect landlords and tenants. Many municipalities have websites—just search for the name of a particular city in Montana and then search when you're on the site.

Municode is a good source for finding local governments online. Also, your local public library or office of the city attorney, mayor, or city or county manager can provide information on local ordinances that affect landlords and tenants in Montana.

Federal Landlord-Tenant Laws and Regulations

Congress and federal agencies, such as the U.S. Department of Housing and Urban Development (HUD) and the U.S. Environmental Protection Agency (EPA), have enacted laws and regulations that apply to the landlord-tenant relationship in Montana. These laws and regulations address topics such as discrimination and landlord responsibilities to disclose environmental health hazards, such as lead-based paint.

The U.S. Code is the starting place for most federal statutory research. It consists of 53 separate numbered titles, each covering a specific subject matter. Most federal regulations are published in the Code of Federal Regulations ("CFR"). To access the U.S. Code and Code of Federal Regulations online, see the federal section of the Library of Congress's legal research site.

Nolo Resources on Legal Research and Landlord-Tenant Law

For more information on legal research, check out Legal Research: How to Find & Understand the Law, by Stephen Elias (Nolo). This nontechnical book gives easy-to-use, step-by-step instructions on how to find legal information.

You'll also find a wealth of information in Nolo's landlord-tenant books.

For landlords:

• Every Landlord's Guide to Finding Great Tenants
• Every Landlord's Legal Guide
• Leases & Rental Agreements
• Every Landlord's Tax Deduction Guide
• First-Time Landlord
• Every Landlord's Guide to Managing Property

For tenants:

• Renters' Rights
• Every Tenant's Legal Guide