Montana (MT) law guide
Quick answer
Montana landlord-tenant law is governed by MCA Title 70, Chapter 24. There is no statutory cap on security deposits; landlords must return them within 10 days (no deductions) or 30 days (with itemized deductions). Montana has no statewide rent control and banned local rent control in 2023. For nonpayment of rent, landlords must give tenants a 3-day written notice to pay or vacate before filing for eviction.
Security Deposit Limit
No statutory cap (1-2 months rent is typical)
Deposit Return Deadline
10 days (no deductions) or 30 days (with itemized deductions)
Statewide Rent Control
None, banned statewide since 2023 (HB 463)
Nonpayment Eviction Notice
3-day written notice to pay or vacate
Montana rental market snapshot
Population
1,116,875
Renter households
~31% of occupied households
Median rent
~$1,510/mo (2BR, HUD FMR)
Largest rental markets
Billings, Missoula, Bozeman, Great Falls, Butte
Montana rents rose sharply through 2023-2025, with Bozeman and Missoula among the fastest-growing rental markets in the Mountain West. Demand continues to outpace supply statewide.
Montana sets no maximum on security deposit amounts. Most landlords charge one to two months rent, but the statute does not cap it.
Return timing depends on whether deductions are taken. Landlords must return within 10 days when making no deductions and when a written move-in cleaning checklist was provided. If any amount is withheld, they have 30 days to return the balance with an itemized written statement of deductions.
Montana has no rent control. House Bill 463 (signed 2023) bans cities and counties from enacting any ordinance capping rent increases. Landlords may raise rent by any amount.
Month-to-month tenants must receive 30 days written notice before a rent increase takes effect. During a fixed-term lease, rent cannot be raised unless the lease explicitly allows it.
For nonpayment of rent, the landlord must serve a 3-day written notice to pay or vacate. If the tenant pays in full within 3 days, the tenancy continues.
For lease violations other than nonpayment, landlords must give a 14-day notice to cure or quit. If the tenant does not fix the violation within 14 days, the landlord may then file a Forcible Entry and Detainer (FED) action in Justice Court.
Landlords must give at least 24 hours written notice before entering a rental unit and may only enter at reasonable times. Emergency entry without notice is permitted when there is an immediate threat to life or property.
Landlords are required to complete repairs within 14 days of receiving written notice from a tenant. Failure to repair can give tenants the right to terminate the lease or pursue other remedies under MCA 70-24-406.
Landlords must maintain rental units in a habitable condition throughout the tenancy. This includes working heat, plumbing, weather-tight structure, and compliance with local housing codes under MCA 70-24-303.
Retaliation is illegal. A landlord may not raise rent, reduce services, or threaten eviction in response to a tenant exercising any legal right, such as reporting a code violation or organizing with other tenants.
Montana follows federal Fair Housing Act protections, prohibiting discrimination based on race, color, religion, national origin, sex, disability, and familial status. Montana state law adds no additional protected classes beyond federal law.
A tenant can legally break a lease early by providing proper notice if the landlord fails to maintain habitability, if the tenant is a victim of domestic violence, or if the tenant is entering active military service (Servicemembers Civil Relief Act). Small claims court handles disputes up to $7,000 in Montana.
This guide is general information, not legal advice. Governing statute: Montana Residential Landlord and Tenant Act of 1977, MCA Title 70, Chapter 24. Laws change; confirm the current statute or consult an attorney before acting. Last reviewed 2026-06-05.
Montana FAQ
A Montana landlord has **10 days** to return a deposit when no deductions are taken (and a written cleaning checklist was provided at move-in). If the landlord withholds any amount, they have **30 days** to return the balance along with an itemized written list of deductions.
Yes. Montana banned rent control statewide in 2023 (HB 463), so there is no cap on how much a landlord can raise rent. The only requirement is **30 days written notice** for month-to-month tenants before the increase takes effect.
At least **24 hours written notice** is required before a landlord can enter a rental unit, and the entry must happen at a reasonable time. Emergency entry without notice is only allowed when there is an immediate risk to life or property.
A Montana landlord must give a **3-day written notice to pay or vacate** for nonpayment of rent. If the tenant pays the full amount owed within those 3 days, the eviction process stops. If they do not pay, the landlord may then file in Justice Court.
No. Montana has no statewide rent control, and a 2023 state law (House Bill 463) prohibits any city or county from enacting local rent control ordinances. Landlords may raise rent by any amount with proper advance notice.
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