Montana landlord tenant law: the rules a landlord meets

Montana security deposit law

Most you can take

No cap in statuteNo statute sets this

Back to the tenant within

30 daysMCA 70-25-20210 days if nothing is deducted.

Rent and late fees

Late fee

No statute caps itNo statute sets this

Montana rent increase laws and rent control

Notice before a rent increase

15 daysMont. Code Ann. § 70-26-109; § 7-1-111(26)On a month-to-month tenancy the landlord may change the rent by written notice given at least 15 days before the end of the month, effective at the end of that month. The Residential Landlord and Tenant Act sets no separate rent-increase period, and local governments may not control rent.

Rent control

Local rent control bannedMont. Code Ann. § 70-26-109; § 7-1-111(26)

Entering the property: notice to the tenant

Notice before you enter

24 hoursMCA 70-24-312

Ending a tenancy and eviction notices

Ending a month-to-month tenancy

30 daysMCA 70-24-441(2)

Unpaid rent

3 daysMont. Code Ann. § 70-24-422(2)“3-day notice to pay rent or quit”Paying in full within the period stops itThe landlord may terminate only if the rent is not paid within 3 days after written notice. Notice sent by certified mail or certificate of mailing counts as served 3 days after mailing.

Another breach of the lease

14 daysMont. Code Ann. § 70-24-422(1), (3)“14-day notice to comply or quit”The tenant can fix the breach within the periodA remediable breach fixed before the date in the notice keeps the tenancy. Shorter periods apply: 3 days for an unauthorized pet, unauthorized occupants, verbal abuse or damage to the premises, and 5 days with no cure for a repeat of the same breach within 6 months.

Lockouts and shutoffs

Banned: lockouts and utility shutoffsMont. Code Ann. § 70-24-411

The Montana eviction process, step by step

Disclosures a Montana lease has to carry

• The landlord must disclose in writing, at or before the start of the tenancy, the name and address of the manager and of the owner or agent for service and notices. (MCA 70-24-301)
• A landlord who takes a security deposit must give a separate signed written statement of the unit's present condition when the lease is signed. (MCA 70-25-206)