Rent Increases & Fees in Montana

Rent Increases & Fees in Montana

Last Updated: May 2, 2022 by Elizabeth Souza

In Montana, there is no rent control, and the state does not preempt rent control. If proper notice is given, landlords can set rent and increase it, although certain restrictions to increase rent may apply. Montana landlord-tenant law is primarily governed by Montana Code Tit. 70 Ch. 24.

Quick Facts
Rent Control None
Minimum Notice for Rent Increases 15 Days
Max. Late Fee No Statute
Max. Bounced Check Fee $30

When Can a Landlord Increase Rent in Montana?

A Montana landlord may not increase a tenant’s rent during the term of the lease, unless the tenant agrees to the increase. However, a landlord may increase rent once the term of the lease has ended or if it is a periodic tenancy. When renting to a tenant without a lease agreement, a Montana landlord may increase rent if the appropriate amount of notice is provided.

Questions? To chat with a Montana landlord tenant attorney, Click here

When Is It Illegal to Raise Rent in Montana?

It is illegal for a Montana landlord to retaliate by raising rent on a tenant for complaining to the landlord or filing a complaint with the appropriate governing agency regarding the health or safety of the property or for organizing or joining a tenant’s union (MCA 70-24-431). According to state law, a landlord will be acting in retaliation if he/she attempts to increase the rent within six months of the tenant exercising any of these rights.

According to the Federal Fair Housing Act, it is illegal for a Montana landlord to raise rent based on the age, race, religion, nation or origin, familial status, or disability status of a tenant.

Is There a Rent Increase Limit in Montana?

Montana does not regulate the amount a landlord can increase rent.

How Much Notice Is Needed for Raising Rent in Montana?

Recent legislation in the state of Montana decreased the amount of notice a landlord must provide before increasing rent on a month-to-month tenant. The landlord is must to provide a 15-Day Notice before increasing rent. (MAC 70-26-109)

For a FREE rent increase notice template, click here.

How Often Can Rent Be Increased in Montana?

The state of Montana does not regulate the frequency with which rent may be increased.

Laws Regarding Late Fees in Montana

Montana has no regulations for late fees for rental payments. Late fees should be written in the lease agreement.

Laws Regarding Bounced Check Fees in Montana

A Montana landlord may charge a tenant up to a $30 fee for a check with insufficient funds. (MAC 22-1-717 (2)(3))

Montana Cities With Rent Control

The state of Montana has no legislation regarding rent control. There is also no legislation preempting rent control in this state.