Montana
This article provides a quick overview of some key Montana Landlord-Tenant laws applicable to residential rental units. We’ve used the Official Montana Statutes cited below to research this information and it should be a good starting point in learning about the law.
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Montana Landlord Tenant Key Rules
Official Montana Forms:
Security Deposit
| TOPIC | RULE |
| Security Deposit Maximum: | No maximum. Common practice is 1-2x monthly rent |
| Security Deposit Interest: | No statute |
| Separate Security Deposit Bank Account: | No statute |
| Non-refundable fees: | No statute |
| Pet Deposits and Additional Fees: | No statute |
| Deadline for Returning Security Deposit: | 30-days Mont. Code § 70-25-202 |
| Permitted Uses of the Deposit: | Unpaid rent, late charges, utilities, cleaning. Mont. Code § 70-25-201(1) |
| Security Deposit can be Withheld: | Yes Mont. Code § 70-25-201(1) |
| Require Written Description/Itemized List of Damages and Charges: | Yes Mont. Code § 70-25-202 |
| Receipt of Security Deposit: | No statute |
| Record Keeping of Deposit Withholdings: | No statute |
| Failure to Comply: | Results in landlord forfeiting any withholding on the deposit. Mont. Code § 70-25-203 |
Lease, Rent & Fees
| TOPIC | RULE |
| Rent is Due: | At the beginning of the month or week depending on the type of lease unless otherwise stated in the lease. Mont. Code § 70-24-201(2) |
| Payment Methods: | Payable at landlord’s address or via electronic funds. Mont. Code § 70-24-201(2) |
| Rent Increase Notice: | No specific statute regarding rent increase notices. However, if the landlord wants to make any substantial change they must give 30-day notice for monthly agreements, and 7-day notice for weekly agreements. Mont. Code § 70-24-311 |
| Late Fees: | No statute. However, if any late fees are to be imposed it must be stated in the lease. |
| Application Fees: | No statute |
| Prepaid Rent: | No statute |
| Returned Check Fees: | $30 Mont. Code § 27-1-717(2) |
| Tenant Allowed to Withhold Rent for Failure to Provide Essential Services (Water, Heat, etc.): | Yes Mont. Code § 70-24-408(1)(a) |
| Tenant Allowed to Repair and Deduct Rent: | Yes. Repair cost may not exceed 1 month’s rent. Mont. Code § 70-24-406(1)(b) |
| Self-Help Evictions: | Not allowed. A landlord must comply with housing codes, and maintain the premises fit to live. Mont. Code § 70-24-303 |
| Landlord Allowed to Recover Court and Attorney’s Fees: | No statute |
| Landlord Must Make a Reasonable Attempt to Mitigate Damages to Lessee, including an Attempt to Re-rent: | Yes Mont. Code § 70-24-426 |
Notices and Entry
| TOPIC | RULE |
| Notice to Terminate Tenancy: | No specific statute for fixed tenancies because they simply finishd on the end date. |
| Notice to Terminate a Periodic Lease – Week-to-week: | 7-day notice Mont. Code § 70-24-441(1) |
| Notice to Terminate a Periodic Lease – Month-to-Month: | 30-day notice Mont. Code § 70-24-441(2) |
| Notice to Terminate Lease due to Sale of Property: | No statute |
| Notice of date/time of Move-Out Inspection: | The premises may be inspected 1 week prior to termination of tenancy at the request of either party. Mont. Code § 70-25-201(2) |
| Notice of Termination for Nonpayment: | 3-day notice to quit or remedy Mont. Code § 70-24-422(2) |
| Notice for Lease Violation: | 3-day notice for unauthorized pets and people in unit. 14-day notice for other noncompliant matters. Mont. Code § 70-24-422(1)(b)(c)(d) |
| Required Notice before Entry: | 24-hour notice required Mont. Code § 70-24-312(3)(a) |
| Entry Allowed with Notice for Maintenance and Repairs: | Yes Mont. Code § 70-24-312(1) |
| Emergency Entry Allowed without Notice: | Yes Mont. Code § 70-24-312(3)(a) |
| Entry Allowed During Tenant’s Extended Absence: | Yes Mont. Code § 70-24-312(4)(c) |
| Entry Allowed with Notice for Showing the Property: | Yes Mont. Code § 70-24-312(1) |
| Notice to Tenants for Pesticide Use: | No statute |
| Lockouts Allowed: | Not allowed. Mont. Code § 70-24-441 |
| Utility Shut-offs Allowed: | Not allowed unless the tenant has abandoned or surrendered the premises. Mont. Code § 70-24-428 |
| Electronic Notices Allowed: | Yes Mont. Code § 70-24-108 |
Disclosures
- Name and Addresses: Landlord must disclose in writing the name and address of the owner and manager. (Mont. Code Ann. § 70-24-301)
- Copy of the Lease: Must provide a copy of the written lease. (Mont. Code Ann. § 70-24-301)
- Domestic Violence Situations: Victims can terminate lease early with proof. (Mont. Code Ann. § 70-24-428)
Duties
Landlord’s Duties
- Compliance: Must comply with applicable housing codes. (Mont. Code Ann. § 70-24-303)
- Repairs: Keep premises in a fit and habitable condition. (Mont. Code Ann. § 70-24-303)
- Common Areas: Maintain cleanliness and safety. (Mont. Code Ann. § 70-24-303)
- Maintenance: Ensure all systems function properly. (Mont. Code Ann. § 70-24-303)
- Garbage: Provide for removal. (Mont. Code Ann. § 70-24-303)
Tenant’s Duties
- Cleanliness: Maintain clean premises. (Mont. Code Ann. § 70-24-321)
- Trash: Dispose of garbage correctly. (Mont. Code Ann. § 70-24-321)
- Plumbing: Use responsibly. (Mont. Code Ann. § 70-24-321)
- Appliances: Operate appropriately. (Mont. Code Ann. § 70-24-321)
- Damage: No intentional or negligent damage. (Mont. Code Ann. § 70-24-321)
- Quiet Enjoyment: Avoid disturbing others. (Mont. Code Ann. § 70-24-321)
- Subleasing: Subject to lease agreement. (Lease-specific)
- Retaliation: Not allowed. (Mont. Code Ann. § 70-24-431)
- Lead Disclosure: Federal law requirement.