Montana has no rent control, and since 2023 local governments have been barred from creating it.
No rent control does not mean no rules. Montana landlord tenant law sets firm requirements around notices, deposits, repairs, and evictions, and missing one can cost an owner an entire eviction case. Here is what the law asks of both sides.
What the Montana Residential Landlord and Tenant Act Covers
The Residential Landlord and Tenant Act of 1977 is the state law governing nearly every residential rental in Montana. It sits in Title 70, Chapter 24 of the Montana Code Annotated, with security deposit rules in Chapter 25. The two chapters are written to be read together.
The Act is patterned on the Uniform Residential Landlord and Tenant Act, which Montana adapted rather than copied. It sets what a rental agreement may contain, defines each side’s duties, fixes the notices needed to change or end a tenancy, and lays out the remedies when either side falls short.
The law states its own purposes: to simplify and modernize the rules of renting, to encourage both parties to maintain housing quality, and, since a 2023 amendment, to serve as the exclusive standard statewide. That last purpose carries weight. Cities and counties cannot license landlords or add their own rules on top of state law.
The Act applies whether your agreement is written or oral. It does not cover:
- Transient stays in hotels and motels
- Housing provided by the Montana university system and similar institutions
- Property rented mainly for commercial or agricultural use
- Rentals outside a municipality that include hunting, fishing, or agricultural privileges
Rental Agreements and Lease Terms
A written lease can set rules on pets, guests, noise, subletting, and payment dates, but cannot remove rights the law guarantees. Terms shifting the owner’s repair duties onto the tenant will not hold up. A 2025 change also bars owners from charging an extra fee based on how a tenant pays rent, except to recover a bank fee on an electronic payment. Careful tenant screening prevents most disputes before they begin.
Security Deposit Rules in Montana
Montana does not cap security deposit amounts. Return deadlines depend on whether you are withholding anything:
- 10 days after the tenancy ends if you are keeping none of the deposit and no utilities are unpaid.
- 30 days if you are deducting anything. You must send an itemized written statement of the charges along with any remaining balance.
You may deduct unpaid rent, unpaid utilities, cleaning costs you actually incur, and damage beyond normal wear and tear. Ordinary wear, such as faded paint or worn carpet, is not deductible. Fail to provide the itemized list and you forfeit the right to withhold anything.
If you require a deposit, you must also give the tenant a separate written statement of the property’s condition at move in, signed by you or your agent. Skip it and you cannot recover for damage or cleaning unless you prove by clear and convincing evidence that the tenant caused it. A signed inspection checklist with dated photos is the cheapest protection an owner can buy.
Repairs, Habitability, and Safety Devices
Owners must keep the property safe and livable: working plumbing, heating, and electrical systems, plus any appliances the lease promises.
When a tenant gives written notice of a problem, the notice must allow at least 14 days to correct it, or 3 working days in an emergency. Essential services such as heat, water, and electricity follow a separate track. The tenant gives written notice and a reasonable opportunity to fix it, then may arrange the service and deduct the cost.
Montana also requires an approved smoke detector and carbon monoxide detector in every unit, verified working when the tenancy begins. Tenants keep them in working order after that.
Tenant Rights and Landlord Entry
An owner or manager must give at least 24 hours notice before entering, and may enter only at reasonable hours for a legitimate purpose such as repairs, inspections, or showings. Emergencies are an exception, as are situations where notice is impracticable. Posting the notice on the main entry door satisfies the requirement.
Tenants also have protection from retaliation. An owner cannot raise rent or begin a termination because a tenant asked for repairs or reported a code violation.
Rent Increases and Rent Control
There is no rent control anywhere in Montana. A 2023 state law also prevents cities and counties, including Kalispell, Whitefish, Columbia Falls, and Flathead County, from adopting their own rent caps.
Owners may raise rent by any amount, but timing rules apply. Give 30 days written notice on a month to month tenancy and 7 days on a week to week. During a fixed term lease, rent cannot change unless the lease permits it.
The Eviction Process in Montana
Every Montana eviction begins with the correct written notice. The required notice depends on the reason.
| Reason for termination | Written notice required |
| Nonpayment of rent | 3 days |
| Unauthorized pet or unauthorized occupant | 3 days |
| Verbal abuse of the landlord | 3 days, correctable |
| Property damage or conduct that endangers others | 3 days |
| Repeat of the same violation within 6 months | 5 days |
| Other lease violations that can be corrected | 14 days |
| Ending a month to month tenancy without cause | 30 days |
If the tenant does not move out or correct the issue, the owner files in Justice Court or City Court. The tenant has 5 business days after service to answer. The hearing must be held within 10 business days of that answer date, and the court rules within 5 days of the hearing. Our step-by-step eviction guide covers each stage in detail.
Self help eviction is illegal in Montana. Changing locks, removing belongings, or shutting off utilities can expose an owner to damages. Only a court order removes a tenant.
Required Disclosures for Montana Landlords
Federal law requires a lead based paint disclosure for homes built before 1978, covering much of the older Kalispell and Columbia Falls housing stock.
Montana handles mold differently than many states. There is no blanket disclosure requirement. But if you know mold is present, you must disclose it before or when the lease is signed, and if the building has been tested, you must share the results. An optional state mold disclosure statement provides legal protection when used correctly.
Fair Housing and Discrimination Rules
Montana’s protected classes go beyond federal law, covering race, color, national origin, religion, sex, familial status, age, creed, disability, marital status, and receipt of public assistance.
Service and assistance animals are not pets. Owners cannot charge a pet fee or pet deposit for them. A 2025 change tightened the documentation a tenant must supply to establish a need for an emotional support animal.
Local Rules in Kalispell, Whitefish, and Columbia Falls
Kalispell, Whitefish, Columbia Falls, and Flathead County do not add their own landlord-tenant ordinances, and state law bars them from doing so.
Short term rentals are a different matter. Each city and the county regulate stays under 30 days through zoning and permitting. Check those requirements before you list.
Where to Get Help in Montana
- org, run by Montana Legal Services Association, for free legal information and forms.
- Montana Department of Justice, Office of Consumer Protection, for general landlord and tenant guidance.
- Montana Judicial Branch, for eviction forms and court procedure.
Frequently Asked Questions
What are my rights as a renter in Montana?
Montana renters have the right to a habitable home, at least 24 hours notice before the landlord enters, written notice before a rent increase or termination, the return of their security deposit within the legal deadline, and protection from retaliation and housing discrimination.
What is the Residential Landlord and Tenant Act in Montana?
It is the 1977 state law governing residential rentals, found in Title 70, Chapter 24 of the Montana Code Annotated. It sets the duties of owners and tenants, notice requirements, repair obligations, entry rules, and the steps required for a lawful eviction.
Can a tenant be evicted immediately?
No. Even for serious issues such as property damage, the owner must serve a written 3 day notice first. If the tenant does not leave, the owner has to file in court and win an order. Removing a tenant without a court order is illegal in Montana.
Managing a Rental in the Flathead Valley
Most Montana landlord tenant disputes trace back to a missed deadline or a missing document. A move in checklist, notices served on time, and a deposit returned on schedule prevent most problems.
Real Property Management Explore handles that compliance work daily for owners in Kalispell, Whitefish, and Columbia Falls. Request a free rental evaluation to see what your property could earn.
