Can a Landlord Enter Without Permission in Montana?

In Montana, a landlord’s right to access a rental property is strictly regulated by the Montana Residential Landlord and Tenant Act. While the law protects your privacy, it also prevents you from “unreasonably” denying access for legitimate reasons.

Summary of Entry Rights

• Emergency Entry: A landlord may enter without consent only in a true emergency (e.g., a bursting pipe or fire).

• Standard Entry: For non-emergencies (inspections, repairs, or showings), the landlord must give at least 24 hours’ notice and enter only at reasonable times.

• Tenant Consent: While notice is required, a tenant cannot unreasonably withhold consent if the landlord has a valid reason to enter, such as making necessary repairs or showing the unit to prospective buyers.

• Abuse of Access: Landlords are legally prohibited from using their right of access to harass the tenant.

Legal References

• MS Code § 70-24-312: Explicitly outlines the 24-hour notice requirement and the emergency exception.

• MS Code § 70-24-426: Details the remedies available to tenants if a landlord makes an unlawful entry or uses the right of access to harass.

Note: If a tenant refuses to allow a landlord in after proper notice for a legitimate reason, the landlord may seek a court order or terminate the rental agreement.

The information for this answer was found on our Montana Landlord Tenant Rights answers.