Montana Landlord-Tenant Laws: Key Rental Rules (2026)
Security deposits, notice periods, landlord entry, and other key rental rules in Montana, each linked to the state law it comes from.
By the ListMyHomes.com™ Editorial TeamPublished Last reviewed
This page summarizes the main landlord-tenant rules in Montana. Each rule in the table below links to the law it comes from.
Key rules at a glance
| Rule | Montana |
|---|---|
| Where these laws apply | The Montana Residential Landlord and Tenant Act of 1977 (Title 70, Chapter 24) applies to rental agreements, wherever made, for dwelling units located in Montana. It does not govern some arrangements, including institutional housing incidental to services (including Montana university system and other postsecondary housing), occupancy under a contract of sale, transient occupancy in a hotel or motel, occupancy by an employee whose right to occupy depends on employment, and rentals used mainly for commercial or agricultural purposes. The security-deposit law (Chapter 25) applies to all rentals of dwellings under Chapter 24 or the Montana Residential Mobile Home Lot Rental Act (Chapter 33). A local government with self-government powers may not license landlords or regulate their activities with tenants beyond Chapters 24, 25 and 33, or deviate from or add to those chapters. Mont. Code Ann. §§ 70-24-107, 70-24-104, 70-25-102, 7-1-111(13) |
| Security deposit limit | No limit set by Montana Code Annotated Title 70, Chapters 24 and 25. Mont. Code Ann. Title 70, ch. 24 and 25 (no provision) |
| Where deposits are held | No rule on where or how a deposit is held in Montana Code Annotated Title 70, Chapters 24 and 25. Mont. Code Ann. Title 70, ch. 24 and 25 (no provision) |
| Returning the deposit | Within 30 days after the tenancy ends or the landlord accepts a surrender of the premises, whichever is first, the landlord must give the departing tenant a written list of any rent due and any damage and cleaning charges, with payment of the difference between the deposit and those charges. If inspection finds no damage, no cleaning needed and no unpaid rent, and the tenant shows that no utilities are unpaid, the deposit must be returned within 10 days. These deadlines do not apply when the agreement was terminated under 70-24-427 and the landlord has a claim pending in court. A landlord who does not give the list forfeits the right to withhold any of the deposit for damage or cleaning. Mont. Code Ann. §§ 70-25-202, 70-25-203 |
| Deposit deductions | A landlord may deduct damage caused by the tenant, unpaid rent, late charges, utilities, penalties due under the lease and other money owed, and actual cleaning expenses, including a reasonable charge for the landlord's labor. Cleaning charges may not be deducted until the tenant has had written notice listing the cleaning not done and what is needed; the tenant then has 24 hours to do the cleaning, unless the agreement was already terminated under 70-24-427 and the landlord has a claim pending in court. A tenant who leaves without notifying the landlord of the intent to vacate relieves the landlord of giving that notice. Nothing may be deducted for any other purpose. Mont. Code Ann. § 70-25-201 |
| Interest on deposits | Not required by Montana Code Annotated Title 70, Chapters 24 and 25. Mont. Code Ann. Title 70, ch. 24 and 25 (no provision) |
| Landlord entry notice | At least 24 hours' notice of the intent to enter, except in an emergency or where it is impracticable; entry only at reasonable times. Conspicuously posting the notice on the main entry door of the unit counts as notice. The landlord may enter without the tenant's consent in an emergency. The tenant may not unreasonably refuse entry to inspect, make repairs or improvements, supply services or show the unit. Mont. Code Ann. § 70-24-312 |
| Notice to end a month-to-month lease | Either the landlord or the tenant may end a month-to-month tenancy with at least 30 days' written notice before the termination date in the notice (week-to-week: 7 days). Mont. Code Ann. § 70-24-441(1), (2) |
| Rent-increase notice | No notice period in Montana Code Annotated Title 70, Chapters 24 and 25. A landlord may not retaliate by raising rent after a tenant complains to a government agency about a health and safety code violation, complains in writing to the landlord about a violation of the landlord's maintenance duties, or organizes or joins a tenants' union or similar organization. Mont. Code Ann. § 70-24-431(1); Mont. Code Ann. Title 70, ch. 24 and 25 (no provision) |
| Late fees | No limit or grace period in Montana Code Annotated Title 70, Chapters 24 and 25. Mont. Code Ann. Title 70, ch. 24 and 25 (no provision) |
| Notice for unpaid rent | If rent is unpaid when due, the landlord may end the rental agreement if the tenant does not pay within 3 days after written notice of the nonpayment and of the landlord's intent to terminate if it is not paid. Mont. Code Ann. § 70-24-422(2) |
| Rent control | Not allowed for local governments with self-government powers. They may not control the amount of rent charged for private residential or commercial property; private residential property here does not include property in which the local government has a property interest or an interest through a housing authority. Mont. Code Ann. § 7-1-111(26) |
| Required landlord disclosures | In writing at or before the start of the tenancy: the name and address of the person authorized to manage the premises, and of the owner or a person authorized to act for the owner for service of process and notices. A landlord who requires a security deposit must give each tenant, when the lease is signed or the tenancy created, a separate written statement of the present condition of the premises, and on the tenant's written request a copy of the previous tenant's damage and cleaning list. A landlord who does not is barred from recovering for damage or cleaning unless it proves by clear and convincing evidence that the tenant, or the tenant's family, licensees or invitees, caused the damage during the tenancy. Mont. Code Ann. §§ 70-24-301(1), 70-25-206 Federal law: For housing built before 1978 (with limited exceptions): before the tenant is bound by the lease, the landlord must give the EPA lead-hazard pamphlet and disclose any known lead-based paint or hazards and any available reports. 42 U.S.C. § 4852d; 40 CFR 745.107 |
| Fair housing protected classes | Sex, marital status, race, creed, religion, color, age, familial status, physical or mental disability and national origin. Marital status, creed and age appear in Montana's law but not in the federal list. Mont. Code Ann. § 49-2-305(1)(a); 42 U.S.C. § 3604 |
What this means for renters
Before you sign, compare the lease's deposit amount, rent due date, and late-fee terms with the rules above. At move-in, record the unit's condition with dated photos. When you move out, give the written notice your lease and the rules above call for, leave a forwarding address, and keep copies of everything you send and receive.
What this means for landlords who manage their own rental
List the unit with its rent, deposit, and lease terms. Screen every applicant by the same written criteria, within fair-housing law. Collect the deposit and give notices following the rules above, and keep records of the unit's condition at move-in and move-out.
List your rental on ListMyHomes.com for one flat fee, or browse rentals in Montana listed directly by owners.
Frequently asked questions
How much can a landlord charge for a security deposit in Montana?
No limit set by Montana Code Annotated Title 70, Chapters 24 and 25. See the source in the table above.
How long does a Montana landlord have to return a security deposit?
Within 30 days after the tenancy ends or the landlord accepts a surrender of the premises, whichever is first, the landlord must give the departing tenant a written list of any rent due and any damage and cleaning charges, with payment of the difference between the deposit and those charges. If inspection finds no damage, no cleaning needed and no unpaid rent, and the tenant shows that no utilities are unpaid, the deposit must be returned within 10 days. These deadlines do not apply when the agreement was terminated under 70-24-427 and the landlord has a claim pending in court. A landlord who does not give the list forfeits the right to withhold any of the deposit for damage or cleaning. See the source in the table above.
How much notice must a Montana landlord give before entering?
At least 24 hours' notice of the intent to enter, except in an emergency or where it is impracticable; entry only at reasonable times. Conspicuously posting the notice on the main entry door of the unit counts as notice. The landlord may enter without the tenant's consent in an emergency. The tenant may not unreasonably refuse entry to inspect, make repairs or improvements, supply services or show the unit. See the source in the table above.
How much notice ends a month-to-month lease in Montana?
Either the landlord or the tenant may end a month-to-month tenancy with at least 30 days' written notice before the termination date in the notice (week-to-week: 7 days). See the source in the table above.
How much notice is required for a rent increase in Montana?
No notice period in Montana Code Annotated Title 70, Chapters 24 and 25. A landlord may not retaliate by raising rent after a tenant complains to a government agency about a health and safety code violation, complains in writing to the landlord about a violation of the landlord's maintenance duties, or organizes or joins a tenants' union or similar organization. See the source in the table above.
How much can a Montana landlord charge for late rent?
No limit or grace period in Montana Code Annotated Title 70, Chapters 24 and 25. See the source in the table above.
How much notice must a Montana landlord give when rent is unpaid?
If rent is unpaid when due, the landlord may end the rental agreement if the tenant does not pay within 3 days after written notice of the nonpayment and of the landlord's intent to terminate if it is not paid. See the source in the table above.
Does Montana have rent control?
Not allowed for local governments with self-government powers. They may not control the amount of rent charged for private residential or commercial property; private residential property here does not include property in which the local government has a property interest or an interest through a housing authority. See the source in the table above.
Rentals in Montana listed by owners
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