Montana renter rights: the basics for first-time renters

Last reviewed: October 2026 · First Apartment Kit

Montana renters are covered by the Residential Landlord and Tenant Act of 1977 (Title 70, Chapter 24, MCA) and the security deposit law (Title 70, Chapter 25). State law makes these rules exclusive, so cities can't add their own landlord-tenant rules. This guide summarizes those statutes and the Montana Judicial Branch's landlord-tenant self-help page.

Quick facts

Security deposit max	No state cap — check your lease
Deposit returned within	30 days with a written list of charges; 10 days if there are no deductions
Late fee cap	No state cap — check your lease
Rent increases	No state cap; cities can't adopt rent control
Month-to-month: notice to end	30 days' written notice (either side); 7 days for week-to-week
Landlord entry	At least 24 hours' notice, at reasonable times (except emergencies)
Unpaid rent notice	3 days' written notice to pay or the lease ends
Repairs	Written notice; tenant may end lease if not fixed in 14 days, or repair and deduct up to 1 month's rent

Quick facts are simplified. Read the sections below for exceptions, and check your city or county too.

Security deposits

Cap: Montana's security deposit law doesn't set a maximum.
Deductions: damage you caused, unpaid rent, late charges, utilities, penalties under the lease, other money owed, and actual cleaning costs, including a reasonable charge for the landlord's labor. Nothing else may be deducted.
Cleaning notice: before deducting cleaning costs, the landlord must give you written notice of what cleaning still needs to be done. You then have 24 hours to do it. If you move out without telling the landlord, you lose this notice.
Pre-move-out inspection: either side can ask for an inspection within one week before the tenancy ends. Ask for one.
Return: within 30 days after the tenancy ends, the landlord must give you a written list of charges along with any balance. If there's no damage, no cleaning needed, no unpaid rent, and you can show your utilities are paid, the deposit is due within 10 days. Give a forwarding address.
If money is wrongfully withheld: you can sue for the amount wrongfully withheld. The court may award attorney fees to the winner, and the landlord has to prove the damage you caused.

Rent increases and late fees

Montana doesn't cap rent or late fees, and state law bars local governments from controlling rent on private property. Since late charges in your lease can come out of your deposit, check how much they are and when they start before you sign.

Ending a month-to-month tenancy

Either side can end a month-to-month tenancy with at least 30 days' written notice given at any time during the month. The end date doesn't have to fall on a rent day, and rent is prorated by the day unless you agreed otherwise. A week-to-week tenancy needs at least 7 days' written notice. A fixed-term lease generally runs until its end date. The Judicial Branch's self-help page has a “Notice of Moving Out” form.

When the landlord can come in

You can't unreasonably refuse entry for inspections, repairs, services, or showings. But except in an emergency or when notice isn't practical, the landlord must give at least 24 hours' notice and may enter only at reasonable times. Posting the notice on your main entry door counts. The landlord can't use entry to harass you. You need written permission to change or add a lock, and you must give the landlord a key.

Repairs and living conditions

The landlord must keep the home fit and habitable, keep common areas clean and safe, and maintain the electrical, plumbing, sanitary, heating, ventilation, and air-conditioning systems and any appliances provided. The landlord must also supply running water, reasonable hot water at all times, and reasonable heat from October 1 to May 1, and install working smoke and carbon monoxide detectors.

If a problem affects health and safety, you can:

End the lease: give written notice that the lease will end on a date at least 30 days away unless the problem is fixed within 14 days. In an emergency, you can end the lease if the landlord doesn't fix it within 3 working days after your written notice.
Repair and deduct: after giving notice, if the landlord doesn't make the repair within a reasonable time, you can have it fixed and deduct the cost from rent, up to one month's rent. Emergency repairs must be done by a qualified person.
Sue for actual damages. None of this applies to problems you or your guests caused.

Write it all down from day one. The 12-page First Apartment Move-In Kit has a first-week timeline, lease and building facts, a utilities board, room-by-room unpacking, and a first-month money sheet — so your lease facts, notice dates, and move-in notes live in one place. $9.99 on Etsy. Undated.

Get the kit — $9.99 on Etsy

Eviction basics

If rent is late, the landlord can give written notice that the lease will end if you don't pay within 3 days. For most other lease violations the notice is 14 days, and fixing the problem in time keeps the lease going. Some violations, like an unauthorized pet or occupant, damaging the property, or verbal abuse of the landlord, carry a 3-day notice. A repeat of the same violation within 6 months carries a 5-day notice.

To remove you, the landlord must file a court case (an action for possession). According to the Judicial Branch, you have 5 business days after being served to file a written Answer. If you miss it, the landlord can get a default judgment. A landlord who locks you out or purposely cuts off heat, water, hot water, electricity, gas, or other essential services can owe you up to 3 months' rent or triple damages, whichever is greater.

Retaliation and discrimination

A landlord can't raise rent, cut services, or threaten or file an eviction to retaliate against you for complaining to a code agency, complaining in writing to the landlord about required maintenance, or joining a tenants' union. A complaint made within 6 months before the landlord's action creates a presumption that the action was retaliatory. Montana law (Title 49, Chapter 2, Part 3) also prohibits housing discrimination. The Department of Labor & Industry's Human Rights Bureau handles complaints.

City and county rules

Montana law blocks cities and counties with self-government powers from licensing landlords, adding to the state landlord-tenant and deposit laws, or controlling rent on private property. The state rules on this page apply statewide.

Move-in checklist for Montana renters

☐ Get a written lease and read all of it before signing
☐ Get a receipt for the deposit and any move-in money
☐ Photograph every room, dated, before you unpack
☐ Fill out (or write your own) move-in condition list and keep a copy
☐ Note the rent due date, grace period, and late fee
☐ Write down how to request repairs, and do it in writing
☐ Save the landlord's legal name and address for notices
☐ Put your notice deadline for moving out in your calendar

Still apartment hunting? Our list of questions to ask a landlord before signing a lease covers deposits, fees, repairs, and move-out rules you will want answered in writing.

Where to get help in Montana

Montana Judicial Branch — Landlord Tenant Law self-help and forms — official tenant forms, including the Answer packet and a deposit complaint.
Montana Judicial Branch — Court Help Program — free self-help law centers around the state.
Montana Human Rights Bureau — file a housing discrimination complaint.
Find free legal aid near you — the federal Legal Services Corporation's directory of local legal aid offices.
File a housing discrimination complaint with HUD — the federal fair housing agency.

More help

Nonprofit and legal aid resources (not government sources):

Montana Legal Services Association — free legal help for eligible renters.
MontanaLawHelp.org — Housing — plain-language renter information and forms.

Official sources

These are the official state law and government pages we checked for every fact on this page. The law itself controls if anything here differs.

Not legal advice; laws change and cities may add rules. Check the official sources below or a local legal aid office. This page is a plain-language summary written by First Apartment Kit, not the law itself. Last reviewed: October 2026.

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