Under Montana law, if a written or oral rental agreement exists, or if payment is accepted as rent, landlords and tenants have automatic rights and responsibilities under the Residential Landlord and Tenant Act, such as the right to timely rent payments and a livable dwelling.
Tenant Responsibilities
Evictions
Security Deposits
Lease Termination
Rent Increases
Discrimination
Landlord Entry
Note: These rights exist regardless of what the rental agreement says.
Landlord Responsibilities in Montana
In Montana, landlords legally can’t rent property out unless it meets basic health and safety requirements. Here is a list of amenities and how they relate to Montana’s habitability requirements:
| Item | Has To Provide? | Has To Fix/Replace? |
|---|---|---|
| Heating/AC | Only Heating (Oct. 1 – May 1) | Only Heating (Oct. 1 – May 1) |
| Hot Water | Yes | Yes |
| Kitchen Appliances | No | Only If Provided |
| Garbage Containers/Removal | Yes | Yes |
| Smoke and Carbon Monoxide (CO) Detectors | Yes | Yes |
| Mold | N/A | Yes |
| Pest Control | N/A | Yes |
If a property doesn’t provide the legally required amenities for habitable housing, a tenant can usually report the landlord to government authorities for unsafe living conditions.
Renter’s Rights for Repairs in Montana
Landlords must perform necessary repairs in a timely manner. In Montana, landlords must make repairs within 14 days after getting written notice from tenants.
If repairs aren’t made in a timely manner, Montana tenants can sue for costs, or a court order to force the landlord to make repairs. They can also cancel the rental agreement, or make minor repairs and deduct from the rent.
Tenant Responsibilities in Montana
Aside from paying rent on time and abiding by the terms of the lease, Montana tenants must:
- Keep the unit in a safe and habitable condition
- Remove garbage and keep fixtures clean
- Make small repairs and minor maintenance
- Not disturb other tenants or neighbors
Evictions in Montana
Landlords in Montana may evict tenants for any of the following reasons:
- Nonpayment of Rent: If a tenant fails to pay rent, then the landlord may issue a 3-Day Notice To Pay after any applicable grace period. If the tenant does not pay, then the landlord may begin eviction proceedings.
- Lease Violation: In the case of a lease violation of an unauthorized pet or unauthorized people the landlord may issue a 3-Day Notice To Cure or Vacate. If there is property damage, a reasonable threat of damage or verbal abuse a landlord may issue a 3-Day Notice To Quit. If there is a violation that is not listed, the landlord must provide the tenant with a 14-Day Notice To Cure or Vacate.
- No Lease / End of Lease: If a tenant stays in the dwelling unit past their rental term, a landlord may provide the tenant with a notice to quit. The notice depends on the type of tenancy.
- Week-to-Week: 7-Day Notice To Quit.
- Month-to-Month: 30-Day Notice To Quit.
- Fixed-Term Lease: If there is a fixed-term lease (a lease with a specific end date), the landlord is not required to give the tenant written notice.
- Material Health / Safety Violation: If a tenant violates a building, housing, safety or health code the landlord may issue a 14-Day Notice To Cure or Vacate.
- Illegal Acts: Montana landlords have broad authority to determine which types of illegal activities warrant eviction. The landlord may issue a 3-Day Notice To Quit. If the tenant does not vacate the premises, then the landlord can file for eviction.
Montana landlords are not permitted to evict tenants in retaliation or as a form of discrimination.
Landlord Retaliation in Montana
It’s illegal for Montana landlords to retaliate with raised rent, reduced services, or threatened eviction against tenants who have taken a protected action like reporting a landlord to government authorities for health and safety violations.
Security Deposits in Montana
Collections and Holdings: The following laws apply to the collection and holding of security deposits:
- Maximum: None
- Inventory Requirement: In order to collect security deposits, landlords must provide tenants with a written statement of the condition of the rental unit
- Interest Requirement: None
Returns and Deductions: The following laws apply to the return of security deposits:
- Allowable Deductions: Unpaid rent, utilities, late fees, damage excluding normal wear and tear, costs of storing and disposing of unclaimed property, and cleaning costs
- Time Limit for Return: Depends on whether deductions are made:
- 10 days with no deductions
- 30 days with deductions
- An indefinite period subject to court order, when the landlord has certain types of lawsuit pending against the tenant
- Max. Penalty for Late Return: Tenants can sue for twice the amount wrongfully withheld plus court costs and attorneys’ fees
Lease Termination in Montana
Notice Requirements: Tenants on a periodic lease in Montana who wish to break their lease must give the following amounts of advance notice:
| Rent Payment Frequency | Notice Needed |
|---|---|
| Week-to-Week | 7 Days |
| Month-to-Month | 30 Days |
| Quarter-to-Quarter | No statute |
| Year-to-Year | No statute |
Early Termination: Montana tenants may legally break a lease early for the following reasons:
- Early termination clause.
- Active military duty.
- Uninhabitable unit.
- Landlord harassment.
Cost of Breaking a Lease in Montana
If a Montana tenant breaks their lease early, they are still liable for the rent for the remaining lease period. Landlords are legally required to make a reasonable effort to re-rent the unit, and if they find a new tenant, the original tenant is then no longer liable to pay all remaining rent.
Landlords cannot keep the full security deposit because a tenant broke their lease. The landlord can make deductions for damages or unpaid rent, but the rest must be returned to the tenant.
Rent Increases in Montana
Montana does not have rent control and state law prohibits cities and towns from creating their own rent control laws.
Because Montana does not have rent control, landlords can raise the rent by any amount, as often as they choose, but they cannot increase the rent during the lease term unless the lease agreement allows for it. Additionally, landlords cannot increase the rent out of discrimination of state or federally-protected classes or in retaliation.
Before increasing the rent, landlords must give at least 30 days’ notice to month-to-month tenants and 7 days’ notice to tenants on a week-to-week lease.
Housing Discrimination in Montana
Protected Groups: The Federal Fair Housing Act prohibits discrimination in housing based on race, color, national origin, religion, familial status, sex, or disability. These rules do not apply to some owner-occupied homes or homes owned by religious organizations. Montana has further protections based on age and marital status.
Discriminatory Acts and Penalties: An outside organization known as Montana Fair Housing handles cases relating to housing regulations and discrimination. The following behaviors have been highlighted as potentially discriminatory when directed at a member of a protected class:
- Refusing to rent or sell on a bona fide offer
- Offering different terms, conditions, or privileges
- Falsely claiming a unit is unavailable
- Blockbusting or steering
- Refusing to provide certain financial services
- Discriminating in the appraisal of property
- Posting advertisements that show a preference for one group over another
Montana tenants have 180 days to report potential acts of discrimination through the Montana Fair Housing’s website. It is unclear what kind of penalties landlords face for discrimination.
Additional Landlord Tenant Regulations in Montana
In addition to having laws that address general issues like repairs and security deposits, most states, including Montana, grant rights and responsibilities about things like lock changes and a landlord’s right to entry. See the topics below for more information.
Landlord Right To Entry in Montana
Montana landlords have the right to enter rental property for maintenance, inspections, and property showings. They usually must give at least 24 hours of advance notice before entering. There is no requirement for permission or advance notice in emergency situations.
If the tenant unlawfully refuses entry, the landlord can get an injunction to compel entry, or issue the tenant a 24-hour notice to correct. After 24 hours, if the tenant hasn’t remedied the unlawful entry, the landlord can terminate the lease with a 3-day notice. The landlord can also, in every case, sue the tenant for associated actual costs (damages).
Rent Collection and Related Fees in Montana
The following laws apply to the collection of rent and related fees:
- Grace Period: Landlords are not required to provide a grace period for the payment of rent before charging a late fee
- Maximum Late Fee: No limit, but it must be mentioned in the lease agreement
- Rent Payment Methods: There is no state law governing which payment methods landlords may or may not accept for the payment of rent
- Rent Receipt: Not required
Small Claims Court in Montana
Most disputes between landlords and tenants are handled in Small Claims Court, which is an informal process designed to be quicker and simpler than higher courts. For example, disputes regarding the return of security deposits are typically handled in Small Claims Court.
Landlords and tenants can file cases in Small Claims Court to settle minor disputes without hiring an attorney if the amount claimed is less than $7,000. Montana Small Claims Court is a division of Justice Court. The process takes approximately one to two months.
Mandatory Disclosures in Montana
Montana landlords are required to make the following mandatory disclosures:
- Lead-Based Paint: For homes built before 1978, landlords must provide information about lead paint concentrations
- Authorized Agents: Landlords must also provide the names and addresses of all parties involved in owning and managing the property
- Move-In Checklist: Any landlord who charges a security deposit is required to provide an inventory of the rental unit’s condition at the start of the lease term
- Mold: Applicable to any unit with a known mold presence that may pose a health threat
- Methamphetamine Contamination: Applicable to any property where the landlord has knowledge of methamphetamine production that has not been remediated by a certified contractor
Changing the Locks in Montana
Montana does not allow unilateral lock changes. A landlord locking a tenant out through a lock change is performing an illegal “self-help” eviction. At the same time, a landlord can also evict a tenant who changes the locks without permission.
Marijuana Possession and Use in Montana
Montana landlords cannot prohibit lawful possession or use of marijuana on a rental property, as a general rule. These are the only exceptions under which a landlord can restrict use or possession:
- Smoking may be prohibited, as long as all other methods of use are allowed
- The landlord may prohibit marijuana on the premises if required by federal law
- The landlord may prohibit marijuana on the premises in order to obtain federal funding
A landlord is only required by law to allow possession and use. All other aspects, such as growing, selling, displaying, etc. may be regulated or prohibited at the landlord’s option.
Montana Landlord-Tenant Resources
Many cities in Montana have their own landlord-tenant laws in addition to the state requirements. Check your local county and municipality for additional regulations, and see the resources below for general information.
Montana Small Claims Court – This guide can help you understand the state’s court system.
Housing Authorities and Tribal Housing Authorities in Montana – This collection of contact info for all of Montana’s local housing authorities can make it easier for landlords and tenants to get the support they need. This list includes information on tribal housing authorities, which are more knowledgeable when it comes to the ways specific reservation housing laws differ from that of the state at large.
Sources
- 1 Mont. Code § 70-25-202(2)
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This section [relating to security deposit return timelines] does not apply if a rental agreement is terminated pursuant to 70-24-427 or 70-33-427 and the landlord has a pending claim for actual damages filed in court.
Source Link - 2 Mont. Code § 16-12-108(6)
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Nothing in this chapter may be construed to prohibit a person from prohibiting or otherwise regulating the consumption, cultivation, distribution, processing, sale, or display of marijuana, marijuana products, and marijuana paraphernalia on private property the person owns, leases, occupies, or manages, except that a lease agreement executed after January 1, 2021, may not prohibit a tenant from lawfully possessing and consuming marijuana by means other than smoking unless required by federal law or to obtain federal funding.
Source Link - 3 Mont. Code § 70-24-424(1)
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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.
Source Link
