Landlord Guide to Renting in Montana

Montana allows both written and oral rental agreements. Under Montana's Statute of Frauds (Mont. Code Ann. § 28-2-903), leases exceeding one year must be in writing to be enforceable. The Montana Residential Landlord and Tenant Act applies to most residential rental units and establishes default terms that govern even when a written lease is silent on certain issues.

• Oral leases are enforceable for terms of one year or less; longer terms require a written agreement (Mont. Code Ann. § 28-2-903)
• Month-to-month tenancies are created when no fixed term is specified or when a tenant holds over after a lease expires
• Lease clauses that waive a landlord's obligation to maintain habitability are unenforceable (Mont. Code Ann. § 70-24-403)
• Written leases should specify rent amount, due date, lease term, security deposit, and maintenance responsibilities

Montana does not impose a statutory cap on the amount of security deposit a landlord may collect. However, the deposit must be returned within specific timeframes after the tenancy ends, and any deductions must be itemized in writing.

• No statutory maximum on the security deposit amount
• Landlord must return the deposit within 30 days after termination of the tenancy or within 10 days after receipt of the tenant's forwarding address, whichever is later (Mont. Code Ann. § 70-25-202)
• An itemized statement of deductions must accompany any withheld amount
• Failure to comply may result in the landlord being liable for the full deposit amount (Mont. Code Ann. § 70-25-203)

Montana landlords must provide tenants with certain disclosures at or before the commencement of the tenancy. Federal lead paint disclosure requirements also apply to pre-1978 properties.

• Lead-based paint disclosure for properties built before 1978 (42 U.S.C. § 4852d)
• Disclosure of the name and address of the owner or authorized agent for service of notices (Mont. Code Ann. § 70-24-301)
• Disclosure of any outstanding building or housing code violations that materially affect health and safety (Mont. Code Ann. § 70-24-301)
• Disclosure of the presence of methamphetamine contamination if the landlord has knowledge of prior manufacturing on the premises (Mont. Code Ann. § 75-10-1305)

Rent is due on the date specified in the rental agreement. Montana does not provide a statutory grace period for rental payments. Landlords may charge late fees if provided for in the lease, though fees must be reasonable.

• Rent is due on the date specified in the lease agreement
• No statutory grace period; any grace period must be written into the lease
• Late fees are permissible when stated in the lease and must be reasonable in amount
• Landlords must provide written notice before proceeding with eviction for nonpayment (Mont. Code Ann. § 70-24-422)

Montana landlords must maintain the premises in a fit and habitable condition under the implied warranty of habitability codified in Mont. Code Ann. § 70-24-303. This includes compliance with applicable building and housing codes, maintaining essential services, and keeping common areas safe and clean.

• Maintain the property in compliance with all applicable building and housing codes materially affecting health and safety (Mont. Code Ann. § 70-24-303)
• Provide and maintain plumbing, heating, electricity, hot and cold running water, and other essential services
• Make necessary repairs within a reasonable time after receiving written notice from the tenant
• Keep common areas in a clean and safe condition

Under Mont. Code Ann. § 70-24-312, landlords must provide at least 24 hours' advance notice before entering a tenant's dwelling for non-emergency purposes. Entry must occur at reasonable times and for legitimate purposes.

• Landlords must give at least 24 hours' written notice before entry for non-emergency purposes (Mont. Code Ann. § 70-24-312)
• Entry must be at reasonable times for repairs, inspections, or showing the unit to prospective tenants or buyers
• Emergency entry is permitted without advance notice when there is imminent danger to persons or property
• A tenant may not unreasonably withhold consent to entry for legitimate purposes

Montana does not have rent control, and no local jurisdictions are authorized to enact rent control ordinances. Landlords may increase rent between lease terms or during month-to-month tenancies with proper written notice.

• No statewide or local rent control in Montana
• Rent cannot be increased during a fixed-term lease unless the lease expressly permits it
• For month-to-month tenancies, landlords must provide at least 30 days' written notice before a rent increase takes effect
• Retaliatory rent increases are prohibited (Mont. Code Ann. § 70-24-431)

Montana notice requirements vary by type of tenancy and reason for termination. The Residential Landlord and Tenant Act specifies the applicable notice periods.

• Month-to-month tenancy: 30 days' written notice by either party (Mont. Code Ann. § 70-24-441)
• Fixed-term lease: terminates at the end of the lease term without additional notice unless the lease provides otherwise
• Nonpayment of rent: 3 days' written notice to pay or vacate (Mont. Code Ann. § 70-24-422)
• Material lease violation (other than nonpayment): 14 days' written notice with opportunity to cure within that period; if violation recurs within 6 months, lease may be terminated with 14 days' notice without opportunity to cure (Mont. Code Ann. § 70-24-422)

Montana evictions are conducted through the courts as unlawful detainer actions under Mont. Code Ann. §§ 70-27-101 et seq. Landlords must first give the required statutory notice before filing suit.

• Serve the appropriate statutory notice (3-day, 14-day, or 30-day depending on the grounds)
• File an action for possession in the justice court or district court in the county where the property is located
• The court schedules an expedited hearing; the tenant has the right to respond and contest the eviction
• If the court rules in favor of the landlord, a writ of restitution is issued and enforced by the sheriff

Montana landlords must return the security deposit within 30 days after the tenancy terminates or within 10 days after receiving the tenant's forwarding address, whichever is later (Mont. Code Ann. § 70-25-202). An itemized statement listing all deductions must accompany the return.

• Return deadline: 30 days after tenancy ends or 10 days after receiving forwarding address, whichever is later (Mont. Code Ann. § 70-25-202)
• Permissible deductions: unpaid rent, damages beyond normal wear and tear, and other charges specified in the lease
• An itemized written statement of deductions must be provided with any withheld amount
• Failure to return the deposit or provide an itemized statement may result in liability for the full deposit amount plus damages (Mont. Code Ann. § 70-25-203)