Renter Rights & Landlord Laws Guide 2025: Montana

Disclaimer: This guide is for informational purposes only and does not constitute legal advice. Laws change frequently. Consult a qualified attorney in Montana for specific legal counsel regarding your situation.

1. Overview: Is Montana Tenant-Friendly or Landlord-Friendly?

Classification: Landlord-Friendly (Score: High)

Montana is generally considered a Landlord-Friendly state. This means the legal framework tends to favor property owners in disputes, particularly regarding eviction speed and the lack of rent control. However, Montana does have specific state statutes that provide essential protections for tenants, such as rules on security deposits and the "implied warranty of habitability."

For Landlords: You have significant leverage, especially in non-payment cases. However, strict adherence to procedural rules is mandatory; cutting corners can lead to case dismissal.
For Renters: While the state is landlord-friendly, you are not without rights. You have protections against retaliatory eviction and for unsafe living conditions, but you must act within strict timelines.

2. Security Deposits

Montana law (Mont. Code Ann. § 70-25-202) places specific limits and obligations on landlords regarding security deposits.

Limit: There is no statutory limit on the amount a landlord can charge for a security deposit in Montana.
Return Deadline: Landlords must return the deposit (or an itemized list of deductions) to the tenant within 30 days after the lease terminates and the tenant surrenders the property.
Allowable Deductions: Landlords may deduct for:
- Unpaid rent.
- Damage beyond normal wear and tear.
- Cleaning costs (if the unit is left significantly dirtier than when moved in).
- Other costs specified in the lease agreement.
Penalties for Landlords: If a landlord fails to return the deposit or provide an itemized statement within 30 days, the tenant may be entitled to recover the property deposit plus up to two times the amount wrongfully withheld (treble damages) and reasonable attorney fees.

⚠️ Warning for Landlords: Do not use the security deposit for routine wear and tear (e.g., repainting after a standard one-year lease). Keep detailed move-in/move-out checklists and photos to justify deductions.

⚠️ Warning for Renters: Document the condition of the apartment thoroughly upon move-in and move-out. Send your forwarding address in writing to the landlord to ensure they can return the deposit.

3. Eviction Rules

Montana provides a streamlined eviction process, heavily favoring landlords in cases of non-payment. The process is governed by Mont. Code Ann. Title 70, Chapter 24.

The Process

Notice to Pay or Quit: For non-payment of rent, the landlord must serve the tenant with a written notice.
Notice Period: The tenant has 3 calendar days to either pay the full amount owed or vacate the premises.
- Note: This is a strict timeline. If the tenant does not pay or move out by the end of the third day, the landlord may file for eviction.
Filing the Complaint: If the tenant remains, the landlord files a "Complaint for Unlawful Detainer" in the local Justice Court.
Court Hearing: A hearing is typically scheduled within 10 to 30 days after filing. The tenant must appear to contest the eviction.
Writ of Possession: If the judge rules for the landlord, the tenant usually has 24 hours to move out before a sheriff enforces the writ.

⚠️ Special Warning for Landlords (Strict Procedure):
Because Montana is landlord-friendly, the courts expect you to follow the letter of the law.

Service of Process: You must serve the notice correctly (personal service or certified mail with return receipt). Improper service is the #1 reason eviction cases are dismissed.
Self-Help Evictions are Illegal: Never change the locks, shut off utilities, or remove a tenant’s belongings to force them out. You must go through the court system.

⚠️ Special Warning for Tenants (Time is Critical):

The 3-Day Clock: Once you receive a notice for non-payment, the clock starts ticking immediately. If you have the funds, pay immediately to cure the default.
Court Appearance: If you do not appear at the hearing, a default judgment will be entered against you, resulting in a rapid eviction.
Retaliation: If you withheld rent due to unaddressed repairs, a landlord cannot legally evict you in retaliation (Mont. Code Ann. § 70-24-204). However, this is a complex defense; seek legal aid immediately if threatened.

4. Landlord Entry

Montana law does not explicitly state a required notice period for landlord entry in residential leases, but it is generally accepted that landlords must provide reasonable notice (typically 24 hours) before entering, except in emergencies.

Consent: Landlords should obtain consent or provide notice for non-emergency entries (repairs, inspections, showings).
Abuse of Right: A landlord may not abuse the right of entry or harass the tenant.

⚠️ Warning for Landlords: Entering without notice or for non-legitimate reasons can be considered a violation of the tenant's "right to quiet enjoyment." This could be used as a defense in an eviction case or a counterclaim for damages.

⚠️ Warning for Tenants: You generally cannot unreasonably withhold consent for necessary repairs. If you refuse entry without a valid safety concern, you may be in breach of your lease.

5. Rent Control

Does it exist? No.

Montana state law preempts rent control. This means local municipalities (such as Billings, Missoula, or Bozeman) are prohibited from enacting rent control ordinances.

For Landlords: You have the freedom to raise rent at the end of a lease term or with proper notice for month-to-month tenancies (typically 30 days).
For Renters: There are no caps on how much a landlord can increase your rent. If you are on a month-to-month lease, expect rent increases to be governed only by the market and the landlord's discretion, provided 30 days' notice is given.

6. Special Warning for Landlords

The Risk: Strict Compliance vs. Tenant Defenses

While Montana is landlord-friendly regarding eviction speed, you face specific risks if you do not maintain the property or follow procedure.

Warranty of Habitability: Tenants have the right to a livable home (heat, water, electricity). If you fail to make essential repairs after notice, tenants may:
- Withhold rent (after following specific statutory procedures).
- "Repair and Deduct" (make repairs themselves and deduct the cost from rent, up to one month's rent).
- Sue for breach of contract.
- Warning: Never ignore a tenant's written request for repairs. Document your response and timeline.
Discrimination: You must comply with the Federal Fair Housing Act and the Montana Human Rights Act. You cannot deny housing based on race, color, religion, sex, national origin, familial status, or disability.
Lease Clauses: Ensure your lease does not contain "unconscionable" clauses. For example, waivers of the landlord's liability for negligence are generally unenforceable.

7. Special Warning for Tenants

The Risk: Retaliation and Lease Terms

Living in a landlord-friendly state means you must be proactive to protect yourself.

Document Everything: In Montana, verbal agreements are hard to prove. Get everything in writing: lease terms, repair requests, payment receipts, and communications with the landlord.
Know the Lease: Read your lease thoroughly before signing. If the lease prohibits something (like pets or painting walls), violating it can be grounds for eviction. Montana law generally upholds the terms of the lease.
Retaliatory Eviction Protection: If you report code violations or join a tenant's union, the landlord cannot evict you in retaliation. However, a landlord can choose not to renew your lease at the end of the term. Be aware of this distinction.
Abandonment: If you leave the property before the lease ends without a legal justification (like active military duty), you remain liable for rent until the unit is re-rented or the lease term ends.

Final Disclaimer

This guide provides a summary of landlord-tenant laws in Montana for 2025. It is not a substitute for legal advice. Landlord-tenant disputes can be complex and fact-specific. Always consult with a Montana attorney or a local legal aid organization for assistance with your specific situation.