| Rent Increase Facts | Answer |
| Reason Needed? | No |
| Maximum Amount | None |
| Required Notice |
|
Does Montana Have Rent Control Laws?
Montana does not have rent control laws limiting the amount that landlords may charge for rent. State law prohibits local governments from establishing rent control laws, except property in which local government has a legal interest, such as directly owned state property or property regulated through a housing authority.
When Can a Landlord Raise Rent in Montana?
Landlords in Montana can raise the rent at any time, as long as they comply with the following:
- Aren’t raising rent for discriminatory or retaliatory reasons
- Give reasonable notice
- Wait until the end of the lease term (unless otherwise specified in the lease)
30 days before the end of a year-long lease, a landlord sends the tenant a notice that rent will increase by 3.5% if they choose to renew the lease.
When Can’t a Landlord Raise Rent in Montana?
Landlords in Montana may not raise the rent if:
- It is during the middle of a lease’s fixed term (unless stated otherwise in the lease agreement)
- It is done in retaliation against a protected tenant action, such as organizing a tenants’ group or union
- The increase is applied in a way that discriminates against one of the protected classes specified in the Fair Housing Act
The Montana Fair Housing Act also prohibits discrimination due to creed, age, and marital status.
How Often Can Rent Be Increased in Montana?
Landlords in Montana can increase the rent as often as they choose as long as they provide sufficient notice each time.
How Much Notice is Needed to Raise Rent in Montana?
In Montana, landlords cannot raise the rent during a lease term. They must also provide sufficient notice as follows:
- Month-to-month tenants – 30 days of advance notice
- Week-to-week tenants – 7 days of advance notice
Landlords do not need to provide a reason for the rent increase on the notice letter. When the tenant receives the notice, they may choose to enter a new lease at a higher rate or move out.
How Much Can a Landlord Raise Rent in Montana?
In Montana, landlords can raise the rent by any amount. There is no legal limit or cap on the amount of a rent increase.
Sources
- 1 Mont. Code § 7-1-111(26)
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A local government unit with self-government powers is prohibited from exercising the following:
…
(26) any power to control the amount of rent charged for private residential or commercial property. Private residential property does not include property in which the local government unit has a property interest or in which the local government unit has an interest through a housing authority.
Source Link - 2 Mont. Code § 70-24-431(1)
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Except as provided in this section, a landlord may not retaliate by increasing rent, by decreasing services, or by bringing or threatening to bring an action for possession after the tenant:
(a) has complained of a violation applicable to the premises materially affecting health and safety to a governmental agency charged with responsibility for enforcement of a building or housing code;
(b) has complained to the landlord in writing of a violation under 70-24-303; or
(c) has organized or become a member of a tenant’s union or similar organization.
Source Link - 3 Mont. Code § 70-24-441
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(1) The landlord or the tenant may terminate a week-to-week tenancy by a written notice given to the other at least 7 days before the termination date specified in the notice.
(2) The landlord or the tenant may terminate a month-to-month tenancy by giving to the other at any time during the tenancy at least 30 days’ notice in writing prior to the date designated in the notice for the termination of the tenancy.
(3) The tenancy terminates on the date designated and without regard to the expiration of the period for which, by the terms of the tenancy, rents are to be paid. Unless otherwise agreed, rent is uniformly apportionable from day to day.
Source Link
