Landlord laws
Montana landlord-tenant law
Montana Residential Landlord and Tenant Act, MCA Title 70, ch. 24, and Residential Tenants' Security Deposits Act, ch. 25, plus MCA 7-1-111 and 49-2-305 (official text, archive.legmt.gov, MCA 2025)
Last verified Oct 2026
General information only. Not legal advice. RentToolkit is not a law firm. Laws and local ordinances change, so check the statute and consult a licensed attorney in your state before acting.
| Topic | Rule (plain English) | Statute | Status |
|---|---|---|---|
| Security deposit cap | Not specified in state statute. No statute caps the security deposit. We checked every section of MCA Title 70, ch. 24 and ch. 25. | MCA 70-25-101 et seq. | Not in statute |
| Deposit return deadline | Within 30 days after the tenancy ends or the unit is surrendered, whichever comes first, give the tenant a written list of rent due and damage and cleaning charges, with the balance of the deposit. If there is no damage, cleaning, or unpaid rent, and the tenant shows utilities are paid, return the deposit within 10 days. Before deducting cleaning charges, give written notice of the cleaning needed; the tenant then has 24 hours to do it. Without the list, you forfeit the right to deduct for damage or cleaning. A wrongful withholding makes you liable for the amount withheld, plus possible attorney's fees. | MCA 70-25-201, 70-25-202, 70-25-203, 70-25-204 | Verified |
| Deposit holding and interest | Not specified in state statute. No statute requires paying interest or using a separate account. We checked every section of MCA Title 70, ch. 25. | MCA 70-25-101 et seq. | Not in statute |
| Late fee cap and grace period | Not specified in state statute. Montana statutes set no residential late-fee cap and require no grace period. Late charges due under the lease may be deducted from the deposit. Note: Late-fee limits, if any, come from the lease and contract case law, not statute. | MCA 70-25-201(1) | Not in statute |
| Landlord entry notice | Except in an emergency or when impracticable, give at least 24 hours' notice of your intent to enter and enter only at reasonable times. Posting the notice conspicuously on the main entry door counts. You may enter without consent in an emergency. The tenant may not unreasonably refuse entry for inspection, repairs, services or showings. | MCA 70-24-312 | Verified |
| Rent increase notice | Not specified in state statute. No statute sets a rent-increase notice period. A month-to-month tenancy ends on at least 30 days' written notice, and a week-to-week tenancy on 7 days, so plan rent changes around that. | MCA 70-24-441 | Not in statute |
| Rent control status | Rent control is preempted statewide. A local government with self-government powers may not control the rent charged for private residential or commercial property. Property where the local government has an interest, including through a housing authority, is excepted. | MCA 7-1-111(26) | Verified |
| Eviction notice: nonpayment | If rent is unpaid when due, give written notice that you will terminate the rental agreement unless the rent is paid within 3 days. If it isn't paid, you may terminate. | MCA 70-24-422(2) | Verified |
| Eviction notice: lease violation | Give written notice describing the noncompliance and a move-out date at least 14 days after receipt. The notice period is 3 days for an unauthorized pet, unauthorized occupants, verbal abuse of the landlord, damaging the premises, or creating a reasonable risk of damage or injury to neighbors. If the breach can be fixed by repairs, paying damages, or your written approval, and the tenant fixes it before the date, the agreement continues. A repeat of the same breach within 6 months allows termination on 5 days' notice. | MCA 70-24-422(1), (3), (4) | Verified |
| Required disclosures | At or before move-in, disclose in writing the name and address of the property manager and of the owner or agent for service of notices, and keep it current (70-24-301). If you take a deposit, give a separate signed written statement of the unit's condition at move-in. If the tenant asks in writing, also give a copy of the previous tenant's damage and cleaning list; without these, you can't recover damage or cleaning costs except by clear and convincing evidence (70-25-206). For pre-1978 housing, give the federal lead-paint disclosure (40 CFR 745.113). | MCA 70-24-301, 70-25-206; 40 CFR 745.113 | Verified |
| Fair housing beyond federal law | Montana adds marital status, creed, and age. Its other classes match federal law. | MCA 49-2-305(1) | Verified |
Last verified Oct 2026 · Sources are official state legislature sites. Federal rules also apply.
Tools for Montana landlords
Late fee calculator
Model grace periods and fees.
Open →Prorated rent calculator
Mid-month move-ins.
Open →Rent increase calculator
New rent and annual impact.
Open →General information only. Not legal advice. RentToolkit is not a law firm. Laws and local ordinances change, so check the statute and consult a licensed attorney in your state before acting.