Montana landlord-tenant law

A property manager of four or more dwelling units who collects an application fee must refund it within a reasonable time if the applicant does not enter a signed rental agreement or an agreement given the same effect by law. Only the permitted costs may be deducted.

MCA 37-56-109 MCA 70-24-204

Montana's Human Rights Act makes it unlawful to refuse to rent, set different terms, or make discriminatory inquiries, statements or ads because of sex, marital status, race, creed, religion, color, age, familial status, physical or mental disability or national origin.

MCA 49-2-305(1) MCA 49-2-305(3)

Before a lease is agreed, tell the tenant in writing if you know the home was used as a methamphetamine or fentanyl lab, or was contaminated by use of those drugs, and has not been cleaned up to state standards by a certified contractor. If you know the building has mold, or has been tested for mold, disclose that at or before signing.

MCA 75-10-1305 MCA 70-16-703(2)

No section of the Montana Residential Landlord and Tenant Act or the security deposit chapter requires you to disclose a flood zone or flood history to a tenant.

MCA Title 70, chapter 24 MCA 70-25-101 to 70-25-206

At or before the start of the tenancy, tell the tenant in writing the name and address of the person authorized to manage the home and of the owner, or a person authorized to act for the owner to accept service of process and receive notices and demands.

MCA 70-24-301(1)

Montana does not cap the amount of a security deposit. A security deposit is money or its equivalent given to secure the rent or payment for damage and cleaning, and any fee or charge for cleaning and damages is presumed to be a security deposit, whatever you call it.

MCA 70-25-101 to 70-25-206

Within 30 days after the tenancy ends, or after the tenant surrenders the home and you accept it, whichever comes first, give the tenant a written list of any rent due and any damage and cleaning charges, together with a refund of the balance. If there is no damage, no cleaning is needed, no rent is unpaid and the tenant can show no utilities are unpaid, return the whole deposit within 10 days.

MCA 70-25-202

Montana's security deposit chapter does not require you to keep deposits in a separate or trust account and does not require you to pay the tenant interest on them.

MCA 70-25-101 to 70-25-206

If you require a security deposit, you must give each tenant, when the lease is signed or the tenancy is created, a separate written statement of the home's present condition, signed by you or your agent.

MCA 70-25-206

Montana sets no cap on late fees and no grace period before one applies. The Act counts late fees and other charges agreed in the lease as rent, so the amount and timing are what your lease states.

MCA 70-24-103(14)

If a tenant's check or electronic payment is dishonored for lack of funds or credit, or because the tenant has no account, the tenant owes you a service charge of no more than $30. You must demand it in writing and mail the demand.

MCA 27-1-717(1) MCA 27-1-717(2)

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)

Except in an emergency or when it is impracticable, give the tenant at least 24 hours' notice of your intent to enter, and enter only at reasonable times. In an emergency you may enter without the tenant's consent.

MCA 70-24-312(2) MCA 70-24-312(3)

You must keep the home fit and habitable, keep common areas clean and safe, keep the electrical, plumbing, heating and other systems and appliances you supply in good working order, provide trash receptacles and removal unless the lease says otherwise, and supply running water, reasonable hot water at all times and reasonable heat from October 1 to May 1.

MCA 70-24-303(1)

For a breach affecting health and safety, the tenant may give written notice that the lease will end on a date at least 30 days after you receive it unless you fix the problem within 14 days, or, after notice and a reasonable time, may make repairs costing no more than one month's rent and deduct the cost from rent.

MCA 70-24-406(1)

The Montana Act sets no rekeying or lock-change duty for landlords. A tenant may not remove, replace or add a lock you did not supply without your written permission, and must give you a key to any lock the tenant adds.

MCA 70-24-312(5)

Install an approved smoke detector and an approved carbon monoxide detector in each unit under your control, and verify both are in good working order when the lease begins. The tenant then keeps them in good working order.

MCA 70-24-303(1)(g)

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)

Except after abandonment or surrender, or as the Act permits, you may not take back the home yourself, including by interrupting heat, water, hot water, electricity, gas or other essential services.

MCA 70-24-428

Either you or the tenant may end a month-to-month tenancy at any time by written notice given at least 30 days before the termination date named in the notice. A week-to-week tenancy needs at least 7 days' written notice.

MCA 70-24-441(1) MCA 70-24-441(2)

Unless your lease provides otherwise, a party who ends the lease early without cause owes the other side damages of up to one month's rent, or an amount set in the lease that may not exceed one month's rent. The same subsection says landlords must follow the re-renting rule for abandoned units and are entitled to rent from a defaulting tenant until a new tenancy starts or the lease term ends.

MCA 70-24-201(2)(f)

If rent is unpaid when due, give the tenant written notice of the nonpayment and of your intention to terminate the lease if the rent is not paid within 3 days. If the tenant does not pay within those 3 days, you may terminate and the tenant must move out.

MCA 70-24-422(2)

For most other breaches of the lease or of the tenant's duties, give written notice describing the breach and stating that the lease will end and the tenant must move out on a date at least 14 days after the tenant receives it. If the breach can be fixed and the tenant fixes it before that date, the lease does not end.

MCA 70-24-422(1)

Eviction process

After the lease is terminated, you may sue for possession, rent and actual damages. The court must hear the possession case within 10 business days after the tenant's appearance or answer date (5 business days when the lease ended for creating a risk of damage or injury), and rule within 5 days after the hearing.

MCA 70-24-427

If the tenancy ended by court order, property left behind is considered abandoned and you may dispose of it as the law allows. Otherwise, once you have clear and convincing evidence the tenant abandoned it and at least 48 hours have passed, you may remove it and immediately dispose of hazardous, perishable or valueless items, but valueless never includes personal photos, jewelry or other small irreplaceable items.

MCA 70-24-430(1)

Montana small claims court hears claims for money or personal property up to $7,000, not counting costs, when the defendant can be served in the county where you file.

MCA 25-35-502

A tenant with a disability-related need may ask to keep an emotional support animal as a reasonable accommodation. Unless federal law prohibits it, when the need is not readily apparent you may ask for supporting information: information from a health care practitioner, meaning a mental health professional licensed in Montana who has had a client-provider relationship with the tenant for at least 30 days, has completed a clinical evaluation of the need and has personal knowledge of the disability, or other information you find reliable under fair housing law.

MCA 70-24-114 MCA 70-24-114(10)(b)

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)