Montana rent increase law

The Residential Landlord and Tenant Act does not set a rent-increase notice period. A separate provision, MCA 70-26-109, describes changing month-to-month lease terms by written notice at least 15 days before the month expires, effective at month-end. Check the actual lease and which provisions govern before selecting a deadline; ending a monthly tenancy under the residential Act has a separate 30-day notice rule.

MCA Title 70, chapter 24 MCA 70-26-109 MCA 70-24-441(2)

• You may not raise the rent to retaliate against a tenant for a protected complaint or for joining a tenants' union. MCA 70-24-431 See Retaliation on the Montana page
• Either side may end a month-to-month tenancy with at least 30 days' written notice. MCA 70-24-441(2) See Ending a month-to-month tenancy on the Montana page
• Under 70-26-109, the served notice establishes the specified terms, rent and conditions if the tenant continues to hold the premises after the month expires. Keep the notice, service evidence and proposed effective date together. Do not use this month-to-month provision to rewrite every fixed-term lease. Its relationship to the residential Act, including the Act's exclusive-statewide-standard language, was not resolved through a new court-law review here. MCA 70-26-109
• For notices governed by 70-24-108, email must go to an address provided in the rental agreement. Email notice is complete on an email-system read receipt or a reply other than an automatically generated reply. The section also recognizes hand delivery and mail with a certificate of mailing or certified mail to the designated or last-known address; that mail service is considered made three days after mailing. A portal upload alone is not one of these stated completion events. Match the actual method and evidence to the provision governing your notice. MCA 70-24-108

No section of the Act limits rent amounts, and a local government with self-government powers may not control the amount of rent charged for private residential property (other than property it has an interest in, including through a housing authority), license landlords, regulate their dealings with tenants beyond Title 70, chapters 24, 25 and 33, or add to the Act's exclusive application. The Act also states that one of its purposes is an exclusive statewide standard for landlord and tenant law. Local building codes were not read for this page.

MCA 70-24-102(2)(c) MCA 7-1-111(13) MCA 7-1-111(26)

• Local building, housing and fire codes can still matter: your repair duty includes meeting the codes materially affecting health and safety. MCA 70-24-303(1)(a) See Repairs and habitability on the Montana page

You may not raise the rent, cut services, or sue or threaten to sue for possession because the tenant complained to a code agency about a health and safety violation, complained to you in writing about a repair duty, or organized or joined a tenants' union.

MCA 70-24-431(1)

• A tenant facing retaliation has the lockout remedies (possession or termination plus up to 3 months' rent or treble damages) and a defense to your possession case. MCA 70-24-431(2) MCA 70-24-411
• A complaint within 6 months before your action creates a rebuttable presumption of retaliation, but not if the tenant complained after notice of a rent increase or service cut. MCA 70-24-431(3)
• You may still sue for possession if the tenant's side caused the code violation, the tenant is behind on rent, or compliance requires work that would deprive the tenant of the unit. MCA 70-24-431(4)