| Legal Reasons for Entry |
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| Notice Requirement |
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| Penalties for Illegal Entry |
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Does a Landlord Have the Right To Enter a Rental Property in Montana?
Montana landlords have the right to enter a rental property for the following reasons:
- Inspecting the property
- Maintenance and repairs
- Showing the property to potential renters and buyers
- Emergencies
Can a Landlord Enter Without Permission in Montana?
Montana landlords can legally enter a rental property without the tenant’s permission in emergencies only. For all other purposes, the landlord needs the tenant’s consent. If the tenant unreasonably withholds consent to enter, the landlord has remedies, but emergencies are the only situation allowed entirely without consent.
Can a Landlord Enter Without the Tenant Present in Montana?
Montana landlords can legally enter rental property without the tenant present.
Can a Landlord Show a House While Occupied in Montana?
Montana landlords can show an occupied house. The renter can’t unreasonably refuse.
How Often Can Landlords Conduct Routine Inspections in Montana?
Montana landlords have no specific limit on how often they can enter for inspections. The landlord isn’t allowed to enter unreasonably often, but what’s reasonable gets decided case by case.
How Much Notice Does a Landlord Need To Provide in Montana?
Montana landlords have to provide at least 24 hours of advance notice before entering rental property, unless it’s an emergency or there’s a provable reason why it’s not practically possible to give the renter proper notice.
Can a Landlord Enter Without Notice in Montana?
Montana landlords can’t enter without proper advance notice, except in emergencies and other situations where there’s a provable reason that it’s not practically possible to give the renter proper notice.
How Can Landlords Notify Tenants of an Intention To Enter in Montana?
Montana landlords can notify tenants verbally or in writing about an intention to enter.
Can a Tenant Refuse Entry to a Landlord in Montana?
Montana tenants can often refuse landlord entry. Landlords can enter in emergencies regardless of consent. Tenants can only refuse entries for other legally allowed purposes when time or manner are unreasonable (for example, a non-emergency maintenance entry at 2:00 AM). These are the only legally allowed purposes for landlord entry:
- Inspecting the property
- Maintenance and repairs
- Showing the property to potential renters and buyers
- Emergencies
What Happens If the Tenant Illegally Refuses Entry to the Landlord in Montana?
Montana landlords can issue a 24-hour notice to correct when a tenant illegally refuses a valid entry, or obtain an injunction from a court to compel access. If the tenant does not remedy the issue within 24 hours of receiving a notice to correct, the landlord can follow up with a 3-day notice which terminates the rental agreement. In all cases, the landlord can sue to recover the actual cost (damages) of the tenant’s misconduct.
Can a Tenant Change the Locks Without Permission in Montana?
Montana tenants can’t change locks without the landlord’s written permission. Whenever removing or replacing a lock, or adding one not supplied by the landlord, the law also requires tenants to ensure the landlord has working keys so as to preserve his rights of access.
When a tenant makes unauthorized changes to a property’s locks, a landlord may issue a 24-hour notice to correct. If the tenant doesn’t remedy the issue, the landlord may issue a three-day notice which terminates the rental agreement.
What Can a Tenant Do If the Landlord Enters Illegally in Montana?
Montana tenants can take any of the following actions if the landlord enters illegally, or demands entry repeatedly and unreasonably in a way that harasses the tenant:
- Get a court order to force access
- Cancel the rental agreement
- Recover cost of any actual damages through a lawsuit
Sources
- 1 Mont. Code Ann. 70-24-312(1) (2022)
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“A tenant may not unreasonably withhold consent to the landlord or the landlord’s agent to enter into the dwelling unit in order to inspect the premises, make necessary or agreed repairs, decorations, alterations, or improvements, supply necessary or agreed services, or exhibit the dwelling unit to prospective or actual purchasers, mortgagees, tenants, workers, or contractors.”
Source Link - 2 Mont. Code Ann. 70-24-312(2) (2022)
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“A landlord may enter the dwelling unit without consent of the tenant in the case of an emergency.”
Source Link - 3 Mont. Code Ann. 70-24-312(3) & (4) (2022)
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“(3) (a) A landlord may not abuse the right of access or use it to harass the tenant. Except in the case of an emergency or unless it is impracticable to do so, the landlord shall give the tenant at least 24 hours’ notice of the intent to enter and may enter only at reasonable times. (b) For the purposes of this subsection (3), in addition to the provisions of 70-24-108 [defining notice, largely as actual notice], a tenant has notice of the intent to enter if the landlord conspicuously posts the landlord’s intent to enter on the main entry door of the dwelling unit.
“(4) A landlord has no other right of access except: (a) pursuant to court order; (b) as permitted by 70-24-425 and 70-24-426(2); or (c) when the tenant has abandoned or surrendered the premises.”
Source Link - 4 Mont. Code § 70-24-424(1) & (2)
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(1) If the tenant refuses to allow lawful access, the landlord may issue a 24-hour notice to correct or obtain immediate injunctive relief to compel access. In either case, the landlord may recover actual damages. If the 24-hour notice to correct is not remedied, the landlord may issue a 3-day notice to terminate the rental agreement.
(2) If a tenant removes a lock or replaces or adds a lock not supplied by the landlord to the premises and fails to provide a key as required by 70-24-312(5), the landlord may issue a 24-hour notice to correct or obtain immediate injunctive relief. If the 24-hour notice to correct is not remedied, the landlord may issue a 3-day notice to terminate the rental agreement.
Source Link - 5 Mont. Code Ann. 70-24-312(5) (2022)
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“A tenant may not remove a lock or replace or add a lock not supplied by the landlord to the premises without the written permission of the landlord. If a tenant removes a lock or replaces or adds a lock not supplied by the landlord to the premises, the tenant shall provide the landlord with a key to ensure that the landlord will have the right of access as provided by this chapter.”
Source Link - 6 Mont. Code Ann. 70-24-410 (2022)
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“If the landlord makes an unlawful entry or a lawful entry in an unreasonable manner or makes repeated demands for entry otherwise lawful but which have the effect of unreasonably harassing the tenant, the tenant may either obtain injunctive relief to prevent the recurrence of the conduct or terminate the rental agreement. In either case the tenant may recover actual damages.”
Source Link
