At a Glance
| Question | Answer | Details |
|---|---|---|
| Security deposit limit? | Generally 2 months' rent | Historically 1 month if rent ≤ $600; recent changes allow up to 2 months |
| Rent control? | No | No statewide or local rent control laws |
| Required notice to raise rent? | 30 days | For month-to-month tenancies |
| Lease required in writing? | No | Oral leases are enforceable but written leases are recommended |
| Landlord entry notice? | 24 hours | Landlords must provide at least 24 hours' notice before entry |
Security Deposits
Montana's Residential Landlord and Tenant Act governs security deposit requirements. Landlords may generally collect up to 2 months' rent as a security deposit.
Landlords must return the deposit within 30 days of the tenant vacating the unit, or 10 days if no deductions are made. The return must include an itemized statement of any deductions.
The deposit must be held in a trust account or in the landlord's checking or savings account.
Eviction Procedures
Montana requires landlords to follow specific legal procedures to evict a tenant. Self-help evictions (changing locks, shutting off utilities, removing belongings) are illegal.
Notice Requirements
- 3-Day Notice: For nonpayment of rent
- 14-Day Notice: For material lease violations, giving the tenant the opportunity to cure within 14 days
- 30-Day Notice: For termination of a month-to-month tenancy without cause
- 3-Day Notice: For illegal activity, unauthorized pets, or unauthorized occupants (no opportunity to cure)
After the notice period expires, the landlord must file an eviction action in justice court or district court and obtain a court order before proceeding.
Rent Control
Montana does not have any form of rent control at the state or local level. There are no restrictions on the amount by which a landlord may increase rent. Landlords may raise rent by any amount with proper notice, typically 30 days for month-to-month tenancies. Rent increases during a fixed-term lease are governed by the terms of the lease agreement.
Lease Agreements
Montana does not require leases to be in writing, and oral lease agreements are legally enforceable. However, written leases are strongly recommended to clearly document the terms of the tenancy.
Required Disclosures
Montana landlords must provide the following disclosures:
- Lead-based paint (pre-1978 properties)
- Landlord identity: The name and address of the person authorized to manage the premises and to receive legal notices
- Move-in condition: A written record of the condition of the premises at the time of move-in, signed by both parties
- Methamphetamine contamination: If the property was previously used for methamphetamine production, the landlord must disclose this fact
- Code violations: Any known building or housing code violations
Tenant Rights
Montana provides important protections for tenants:
- Habitability: Landlords must maintain rental units in compliance with applicable building and housing codes, including working plumbing, heating, electricity, and structural integrity
- Retaliation protection: Landlords cannot retaliate against tenants who exercise their legal rights, such as reporting code violations or joining tenant organizations
- Discrimination protection: The Montana Human Rights Act prohibits discrimination based on race, color, religion, creed, national origin, sex, age, familial status, disability, marital status, and political ideas
- Right to privacy: Landlords must provide at least 24 hours' notice before entering a tenant's unit, except in emergencies
- Essential services: Landlords may not deliberately shut off essential services such as water, heat, or electricity
- Repair and deduct: Tenants may arrange for repairs and deduct the cost from rent if the landlord fails to make necessary repairs after proper notice