Montana Landlord-Tenant Laws (2026)
Last reviewed: July 2026
Montana requires deposits back within 10 days when there are no deductions, one of the fastest deadlines in the country, or 30 days when deductions are claimed. Nonpayment evictions use a 3-day notice, entry requires 24 hours' notice, and there is no rent control or deposit cap.
General information, not legal advice. Verify with the current statute or a local attorney before acting.
Montana landlord-tenant rules at a glance
| Security deposit limit | No statutory limit |
|---|---|
| Deposit return deadline | 10 days if no deductions; 30 days with deductions |
| Notice to enter | 24 hours' notice |
| Rent control | Preempted/none |
| Eviction notice (nonpayment) | 3-day notice to pay or quit |
| Late fee rule | No statutory cap, must be reasonable and stated in the lease |
| Month-to-month termination | 30 days |
| Governing statute | Montana Residential Landlord and Tenant Act (MCA Title 70, Ch. 24-25) |
Security deposits in Montana
The deposit rule in Montana is: No statutory limit. After the tenancy ends, the landlord must return the deposit within 10 days if no deductions; 30 days with deductions, typically with an itemized statement for any amounts withheld. Deductions are limited to unpaid rent, damage beyond normal wear and tear, and other charges the statute or lease allows — routine repainting and carpet aging from ordinary use generally cannot be charged to the tenant. Both parties should document the unit’s condition at move-in and move-out; disputes usually turn on that evidence.
Landlord entry and tenant privacy
Montana’s entry rule is: 24 hours' notice. Entry is generally limited to legitimate purposes such as repairs, inspections, and showings, and emergencies allow immediate entry everywhere. Where the statute is silent or vague, courts fall back on the tenant’s right to quiet enjoyment, so landlords should give written notice and enter at reasonable hours regardless of the statutory minimum.
Rent increases and rent control
Rent control status in Montana: Preempted/none. Even without rent control, a landlord cannot raise rent mid-lease unless the lease allows it, and periodic tenancies require proper advance notice of an increase — commonly the same notice period used to terminate (30 days in Montana). Retaliatory increases after a tenant exercises a legal right are prohibited in most states.
Eviction process overview
For unpaid rent, Montana requires: 3-day notice to pay or quit. If the tenant does not pay or leave, the landlord files an eviction case (the name varies: unlawful detainer, summary process, forcible entry and detainer), serves the tenant, and attends a hearing. Only a court judgment followed by a sheriff or constable can remove a tenant — lockouts and utility shutoffs are illegal in every state. Timelines vary from a few weeks to several months depending on court backlog and whether the tenant contests the case.
Late fees
Montana’s late fee rule: No statutory cap, must be reasonable and stated in the lease. Even where no statutory cap exists, courts can strike down fees that operate as penalties rather than reasonable estimates of the landlord’s actual cost, and the fee must appear in the written lease to be enforceable.
Ending a lease or month-to-month tenancy
To end a month-to-month tenancy in Montana, the required notice is: 30 days. Fixed-term leases end on their own schedule unless renewed, though some states and cities require just cause or additional notice even at lease end. Notice should always be written, dated, and delivered by a method the statute recognizes.
Is Montana landlord-friendly or tenant-friendly?
Montana is generally considered moderate. Montana has no deposit cap or rent control but requires 24-hour entry notice and one of the fastest deposit-return deadlines (10 days) when no deductions are claimed.
Official source
The governing law is the Montana Residential Landlord and Tenant Act (MCA Title 70, Ch. 24-25). Read the current text at the state’s official legislative site: https://leg.mt.gov/bills/mca/index.html.
Montana landlord-tenant law FAQs
- How much can a landlord charge for a security deposit in Montana?
- Security deposits in Montana are governed by the Montana Residential Landlord and Tenant Act (MCA Title 70, Ch. 24-25). The deposit rule is: No statutory limit. After the tenancy ends, the landlord must return the deposit (minus properly documented deductions) within 10 days if no deductions; 30 days with deductions. Landlords who miss the deadline or take undocumented deductions can owe the tenant damages, so both sides should document the unit's condition at move-in and move-out and keep an itemized statement of any charges. Deposit rules are amended fairly often, so verify the current statute before relying on a specific number.
- How much notice does a landlord have to give before evicting for unpaid rent in Montana?
- For nonpayment of rent, Montana requires: 3-day notice to pay or quit. That notice is only the first step, a landlord cannot legally remove a tenant without then filing an eviction case and winning a court judgment, and self-help evictions (changing locks, shutting off utilities) are prohibited. Local courts and city ordinances can add procedural steps, so check the Montana Residential Landlord and Tenant Act (MCA Title 70, Ch. 24-25) and local rules before starting an eviction.
- Can a landlord enter a rental property without permission in Montana?
- Montana's entry rule is: 24 hours' notice. Genuine emergencies (fire, flooding, gas leaks) are a standard exception in every state, and lease clauses can add detail but generally cannot strip a tenant's right to quiet enjoyment. For ending a month-to-month tenancy, Montana requires 30 days of notice. When in doubt, put entry requests and termination notices in writing and confirm the current rule in the Montana Residential Landlord and Tenant Act (MCA Title 70, Ch. 24-25).
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Related Lofty resources
- Rental property calculator — model cash flow with Montana vacancy and eviction-cost assumptions.
- Rental income investing guide — how landlord-tenant rules feed into returns.
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This page is general information, not legal advice. Laws change — verify with the current statute or a local attorney before acting. Rules reflect widely documented statutes as of July 2026; cities and counties in Montana may add their own requirements.