Montana Landlord-Tenant Law
Know your rights as a renter in Montana. This guide covers security deposits, landlord entry, rent increases, eviction protections, and more under Montana law.
Legal basis: Montana landlord-tenant law — Montana Code
10
Days to Return Deposit
No statutory limit
Max Deposit
24h
Entry Notice
Not Required
Deposit Escrow
What Montana law says about deposits
Maximum Deposit
No statutory limit
Return Deadline
10 daysif nothing is owed and the tenant shows no unpaid utilities; otherwise 30 days
Penalties, interest & late-fee rules under Montana law
If your deposit is wrongfully or late returned
A landlord who does not give the tenant the written list of rent due and damage and cleaning charges within 30 days after the tenancy ends forfeits the right to withhold for damage and cleaning charges (MCA 70-25-203). A person who wrongfully withholds any part of the deposit owes the tenant the amount wrongfully withheld, and the court may award attorney fees to the prevailing party (MCA 70-25-204).
Interest on your deposit is not required
Grace period
No mandatory grace period
Must be in the lease
Yes — a late fee is only enforceable if it is written into your lease
Your privacy protections
Required Notice Period
24 hours
In Montana, your landlord must give this notice before entering your rental unit, except in genuine emergencies. This protects your right to privacy and peaceful enjoyment of your home.
Exceptions: Landlords may enter without notice in cases of emergency (fire, flooding, etc.) or if you've abandoned the property.
No notice statute; no caps
Legal basis: No Statute
14 days; 3 working days in emergencies
Legal basis: MCA 70-24-303, 70-24-406, 70-24-408
6 months protected
Legal basis: MCA § 70-24-431
No statewide early-exit law
Legal basis: No state statute
Self-help illegal
Legal basis: MCA § 70-24-422
Important facts about Montana rental law
Montana has no statutory limit on security deposits.
Montana landlords must return deposits within 30 days (10 days if no deductions).
Montana requires landlords to provide a written move-in/move-out inspection.
Montana tenants have 14 days to cure most lease violations.
Something else? Contact our team
Montana does not have a statutory limit on security deposits.
Montana landlords must return security deposits within 10 days after you move out (if nothing is owed and the tenant shows no unpaid utilities; otherwise 30 days).
In Montana, landlords must give 24 hours' notice before entering your rental unit.
Late fees in Montana: No statutory cap. No mandatory grace period.
No notice statute; no caps. No Montana statute sets how much notice a landlord must give before raising rent. Either side can end a month-to-month tenancy with at least 30 days' written notice (MCA 70-24-441(2)). No statewide cap, and local governments may not control rent (MCA 7-1-111(26)). A landlord may not raise rent to retaliate for a complaint (MCA 70-24-431). Source: No Statute.
14 days; 3 working days in emergencies. Landlord must keep the home fit and habitable, keep plumbing, heating, and electrical in safe working order, supply water and hot water at all times, and reasonable heat October 1 to May 1 (MCA 70-24-303). For health or safety problems, written notice can end the lease at least 30 days later if not fixed within 14 days (MCA 70-24-406(1)(a)). In an emergency, you may end the lease if not fixed within 3 working days after written notice (MCA 70-24-406(1)(a)). You may make repairs costing up to 1 month's rent and deduct the cost if not repaired within a reasonable time after notice; emergency work must be done by a qualified person (MCA 70-24-406(1)(b)). If heat, water, hot water, electricity, or gas is not supplied, after written notice you may buy it and deduct the cost, or move to substitute housing and owe no rent meanwhile (MCA 70-24-408). Source: MCA 70-24-303, 70-24-406, 70-24-408.
6 months protected. Retaliation prohibited. 6 month protection period. Cannot evict for complaints. Source: MCA § 70-24-431.
No statewide early-exit law. Montana has no statewide law that lets a domestic violence victim end a lease early. A court protection order may be able to order the abuser out of the home. If your home is federally assisted (public housing or a voucher), the federal Violence Against Women Act gives separate protections. A domestic violence hotline (1-800-799-7233) or legal aid can help you plan a safe move. Source: No state statute.
Self-help illegal. Self-help evictions illegal. Court process required. Utility shutoffs prohibited. Source: MCA § 70-24-422.
Montana tenants have rights including security deposit protections, notice requirements for landlord entry, habitability standards, and protections against retaliation. Use Honestkey to analyze your specific lease against Montana law.
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