Landlord Tenant Laws in Montana (MT)
The information below is for general educational purposes only and does not constitute legal advice. Laws change frequently. Consult a qualified attorney for advice specific to your situation.
Montana's landlord-tenant laws are governed by Mont. Code § 70-24-101 et seq.. The state receives a tenant-friendliness grade of C (Moderate) based on deposit protections, eviction procedures, rent control status, habitability standards, and available tenant remedies. Montana follows the URLTA. Despite no deposit cap, landlords must return deposits within 30 days (10 days if no deductions). Tenants have repair and deduct and rent withholding remedies.
Security Deposit Rules in Montana
Montana does not impose a statutory cap on security deposits, meaning landlords can charge any amount they choose. However, excessively high deposits may discourage prospective tenants and could be challenged in court as unconscionable. Landlords must return the deposit within 30 days after the tenant vacates, typically with an itemized list of any deductions for damages beyond normal wear and tear.
Eviction Process in Montana
In Montana, a landlord must provide 3 days' written notice before filing for eviction based on nonpayment of rent. This is one of the shortest eviction notice periods in the country, giving tenants very little time to cure the default. For month-to-month tenancies, 30 days' notice is required to end the tenancy. Self-help evictions (changing locks, removing belongings, shutting off utilities) are illegal in Montana.
Tenant Rights in Montana
Tenants in Montana have robust remedies when landlords fail to maintain habitable conditions. Both rent withholding and repair-and-deduct are available, giving tenants meaningful leverage to compel necessary repairs. However, tenants must follow the proper legal procedure — typically providing written notice and allowing the landlord a reasonable time to make repairs — before exercising these remedies.
Rent Control in Montana
Montana has preempted local rent control, meaning cities and municipalities within the state are prohibited from enacting their own rent control ordinances. Landlords can raise rent by any amount with proper notice, subject only to anti-discrimination and anti-retaliation laws.
Landlord Obligations in Montana
Landlords in Montana are generally required to:
- Comply with building and housing codes affecting health and safety
- Maintain common areas in a clean and safe condition
- Keep electrical, plumbing, heating, and other systems in good working order
- Provide and maintain appropriate trash receptacles
- Supply running water and reasonable amounts of hot water
- Provide 1 day notice before entering the rental unit (except emergencies)
- Return security deposits within 30 days with an itemized statement of deductions
- Follow proper legal procedures for eviction (no self-help evictions)
City-Specific Landlord-Tenant Information in Montana
Many cities in Montana have additional local ordinances or practices that affect landlord-tenant relationships. Below are notes for 3 major cities.
Billings
Follows state law. No additional local tenant protections.
Missoula
University town with tight rental market. Follows state law.
Great Falls
No local landlord-tenant ordinances beyond Montana state law.
Tenant-Friendliness Score Breakdown
Our scoring system evaluates each state across six categories of tenant protection. Montana scores 47 out of 100, earning a grade of C (Moderate).
How Montana Compares
Below is a comparison of Montana with five states that have similar tenant-friendliness scores. This can help you understand where Montana falls on the spectrum of tenant protections nationwide.
| State | Score | Grade | Deposit Limit | Eviction Notice | Rent Control |
|---|---|---|---|---|---|
| Montana (MT) | 47 | C | No statutory limit | 3 days | Rent Control Preempted |
| Missouri (MO) | 47 | C | 2 months' rent | 10 days | Rent Control Preempted |
| Ohio (OH) | 47 | C | No statutory limit | 3 days | Rent Control Preempted |
| Wisconsin (WI) | 46 | C | No statutory limit | 5 days | Rent Control Preempted |
| Kansas (KS) | 44 | D | 1 month's rent (unfurnished); 1.5 months (furnished) | 3 days | Rent Control Preempted |
| Nevada (NV) | 44 | D | 3 months' rent | 7 days | Rent Control Preempted |
Frequently Asked Questions About Montana Landlord-Tenant Laws
How much can a landlord charge for a security deposit in Montana?
In Montana, the security deposit limit is No statutory limit. The landlord must return the deposit within 30 days after the tenant moves out, along with an itemized list of any deductions.
How many days notice before eviction in Montana?
For nonpayment of rent, Montana requires 3 days notice before a landlord can file for eviction. For lease termination without cause, 30 days notice is typically required. The actual court process takes additional time.
Can I withhold rent in Montana if my landlord won't make repairs?
Yes, Montana allows tenants to withhold rent for habitability issues after providing written notice and allowing reasonable time for repairs.
Does Montana have rent control?
No, Montana prohibits local rent control ordinances. Landlords can raise rent by any amount with proper notice.
How much notice must a landlord give before entering in Montana?
Landlords in Montana must give 1 day notice before entering, except in emergencies.
Relevant Statutes
The landlord-tenant laws of Montana are primarily found in Mont. Code § 70-24-101 et seq.. These statutes cover security deposits, lease requirements, eviction procedures, landlord obligations, and tenant remedies. For the most current version of the law, consult your state legislature's website or a qualified attorney.
Explore More States
Use our landlord-tenant law lookup tool to quickly find laws for any state, or browse all 50 states compared side-by-side. Remember that local city ordinances may provide additional protections beyond what state law requires.
This information is provided for educational purposes only and is not legal advice. Consult a qualified attorney for legal guidance on your specific situation.