Montana Tenant-Landlord Rental Laws & Rights for 2024

Overview of Montana Landlord-Tenant Laws

Montana has comprehensive landlord-tenant laws that govern residential rental properties across the state. These laws establish the rights and responsibilities for both landlords and tenants. The Montana Residential Landlord and Tenant Act outlines provisions related to rental agreements, security deposits, landlord obligations for repairs and maintenance, tenant privacy rights, rent increases, termination notices, and the eviction process. 

The laws aim to promote fair practices and protect both parties' interests. Tenants have the right to habitable premises, proper notice for entry or evictions, and freedom from discrimination or retaliation. Landlords must comply with health and safety codes, make necessary repairs, provide amenities outlined in leases, and follow proper legal procedures. Both sides have defined rules to follow regarding issues like security deposits, rent payments, property access, and termination notices.  

The laws apply to most residential rentals, though some exceptions exist for smaller landlords and certain housing types. Understanding these rights and responsibilities is crucial for both landlords and tenants to have a smooth rental experience and resolve any conflicts appropriately. Violating landlord-tenant laws can result in legal liability.

Rental Agreements and Leases

In Montana, rental agreements and leases are the legally binding contracts that establish the terms between landlords and tenants. All rental contracts must be in writing and clearly state the names of the landlord and tenant(s), description of the rental property, term of the tenancy, and amount of rent due.

Both written leases and oral rental agreements are recognized under Montana law. However, oral agreements create more ambiguity, so it's strongly advisable to have a comprehensive written lease that specifies all the key terms and provisions.

Permitted and Prohibited Rental Agreement Terms

Montana law places some limits on what types of terms and conditions landlords can include in rental contracts. In general, any requirements that violate fair housing laws or strip away the basic rights of tenants are not legally enforceable clauses.

Permitted lease terms may cover rules regarding pets, trash disposal, noise levels, property maintenance, subletting rules, guest policies, and the like. Landlords can also customize certain rent terms like late fees, payment dates, and grace periods.

However, leases cannot require tenants to pay repair costs that are the landlord's responsibility by law. Rental agreements also cannot include terms that allow landlord retaliation, unauthorized entry, or early termination penalties.

Security Deposits

At the beginning of a tenancy, landlords in Montana are allowed to charge tenants a security deposit in addition to first month's rent. There is no statewide limit on the maximum amount, but deposits must be reasonable in relation to the rent amount and potential damages.

Within 30 days of the tenant moving out, the landlord must either return the full deposit amount or provide a written accounting showing any authorized deductions for damages beyond normal wear-and-tear. Deposits must be held in a trust account and cannot be commingled with the landlord's other funds.

Tenant Rights and Protections

Tenants in Montana have several key rights and protections under state law. These include the right to privacy, protections against unreasonable entry by the landlord, the right to habitable premises, anti-discrimination laws, and protection from landlord retaliation.

Privacy is an important tenant right in Montana. Landlords must provide reasonable notice, typically 24 hours, before entering a rental unit except in emergencies. They cannot abuse their right of access or use it to harass tenants.

Tenants have the right to safe and habitable rental units that meet basic standards of living. Landlords must maintain fit and livable premises by making necessary repairs in a timely manner. If repairs violate housing codes or impact habitability, tenants can exercise rent withholding or repair and deduct remedies.  

Montana law prohibits housing discrimination based on race, color, national origin, religion, sex, familial status, age, creed, physical or mental disability, marital status, or public assistance. Landlords cannot refuse to rent, impose different terms, or misrepresent availability based on these protected classes.  

Tenants are also protected from retaliation by landlords for exercising their legal rights, like requesting repairs or reporting violations. Landlord retaliation through rent increases, threats, or terminating the lease can enable tenants to recover damages.

Montana upholds important rights for tenants regarding privacy, habitability, fair housing and more. Renters should understand these rights and protections under state law.

Landlord Rights and Responsibilities

In Montana, landlords have certain rights but also important responsibilities toward their tenants. One of the most critical obligations is providing habitable premises that meet minimum standards of living. This includes ensuring the rental unit has adequate weatherproofing, heat, water, and electricity. The property must be structurally sound, reasonably waterproof, and have functioning bathroom facilities.  

Landlords must also make repairs and do whatever maintenance is necessary to keep the premises livable. If a repair issue arises, such as a broken furnace or leaking roof, the landlord must address it in a timely manner after receiving notice from the tenant. Failure to provide a habitable rental unit can enable the tenant to exercise rent withholding or terminate the rental agreement in some cases.

Montana law gives landlords the right to enter rental units, but they must provide proper notice first, except in emergencies. The landlord must give at least 24 hours notice of intent to enter and may only enter at reasonable times. Landlords cannot abuse this limited right of entry or use it to harass tenants. Any entry should be for legitimate repair, maintenance, inspection or service reasons only.

Rent Rules and Increases

In Montana, there are some regulations around late fees, limits on rent increases, and the notice landlords must provide tenants before raising the rent. 

Landlords cannot charge unlimited late fees for overdue rent payments. State law caps the maximum late fee at 10% of the monthly rent amount or $25, whichever is greater. Landlords must give tenants a reasonable grace period, such as 5 days, before assessing late fees.

There are no statewide rent control laws in Montana that limit how much landlords can increase rent. However, landlords must provide proper written notice before a rent hike, with the amount of notice depending on the rental period:

• Week-to-week rental: 7 days notice 
• Month-to-month rental: 30 days notice
• 6-month or annual lease: Typically must wait until lease renewal, unless noted in the lease terms

Tenants with a long-term lease cannot have their rent raised during the lease period, unless there is a specific rent increase clause outlined in the lease agreement itself. Month-to-month renters are most vulnerable to rent increases with just 30 days notice required.

Overall, while there are no rent control laws in Montana, they do limit excessive late fees and require landlords to give tenants proper advance notice before implementing a rent increase. This notice allows renters time to decide whether to pay the higher rent or make plans to move out.

The Eviction Process

There are specific legal reasons that allow a landlord to evict a tenant in Montana. These include failure to pay rent, violation of the rental agreement or rules, damage to the property, or the tenant remaining on the premises after the lease has ended. 

Landlords must follow strict procedures when evicting a tenant. This starts with proper written notice, typically a 3-day or 30-day notice depending on the reason for eviction. The notice must state the grounds for eviction and the date by which the tenant must move out.

If the tenant remains after this notice period, the landlord must then file an official eviction lawsuit with the court. Both parties will have the opportunity to present their case before a judge, who will decide if the eviction can proceed. Tenants cannot be removed from the property except through this formal court process.

It is illegal for landlords to carry out a "self-help" eviction by changing locks, removing a tenant's belongings, shutting off utilities, or using force or intimidation tactics. These actions can open the landlord up to criminal charges and civil penalties. Only a court-ordered eviction by law enforcement is legally valid.

Tenants who are improperly evicted maintain the right to regain possession of the rental unit and may sue the landlord for damages. Evictions cannot be retaliatory or discriminatory in nature. Proper eviction procedures must be followed precisely under Montana law.

Security Deposits

Security deposits help protect landlords from property damage and unpaid rent when tenants move out. In Montana, there are no security deposit laws limiting how much a landlord can charge for a security deposit. However, the deposit amount must be reasonable and not excessive.

When a tenant moves out, landlords must return the security deposit within 30 days if there is no deduction for damages. If any portion is withheld, the landlord must provide the tenant with an itemized list of damages and charges within 30 days after the rental period terminates.

Allowable deductions from the security deposit include:

• Unpaid rent
• Costs to repair damages beyond normal wear and tear
• Cleaning fees to restore the unit to its original condition
• Costs for the landlord to remove abandoned tenant belongings

Landlords cannot make blanket deductions from the deposit for routine cleaning or carpet cleaning if the unit was left reasonably clean. Any deductions must be specific costs related to damages directly caused by the tenant during their tenancy.

If a landlord fails to provide an itemized list of damages and charges, or does not return the remaining deposit amount within 30 days, the tenant may be able to recover the full deposit amount plus damages in court.

Terminating a Rental Agreement

Both landlords and tenants in Montana must follow specific notice requirements to legally terminate a rental agreement or lease. For tenants with a month-to-month rental agreement, Montana requires at least 30 days' written notice to terminate the tenancy. For yearly leases, 30 days' notice is typically required prior to the lease end date. 

Tenants with a fixed-term lease cannot legally terminate early unless the landlord agrees and signs off, or an exception applies like housing relocation for the military or victims of domestic violence. Landlords cannot charge punitive fees or penalties for lease termination beyond actual monetary damages.

Landlords must provide longer notice periods to terminate a tenancy - 30 days for a month-to-month tenancy and 90 days for a yearly lease term. The notice periods are extended for tenants who are 62 or older or have a disability. Landlords cannot terminate during the lease term unless the tenant violates the lease terms.

Terminating a rental agreement without proper notice or retaliation against a tenant exercising legal rights can quickly escalate into an illegal eviction or retaliatory action, which has ramifications for both landlords and tenants under Montana law. Both parties must follow the legal process and termination windows to end the tenancy properly.

Squatters' Rights in Montana

Squatters' rights in Montana, also known as adverse possession, allow individuals to gain legal ownership of a property under certain conditions. In Montana, these rights are governed by specific legal requirements that must be met for a squatter to claim ownership.

To claim adverse possession in Montana, a squatter must occupy the property continuously for at least five years. This occupation must be open and notorious, meaning it is obvious to others and not hidden. The squatter’s presence should be visible, making the property owner (or others) aware of the occupation.

Additionally, the possession must be exclusive, meaning the squatter is the sole occupant of the property. Shared use with the owner or other parties disqualifies the claim. The possession must also be hostile, which means it is without the owner’s permission and conflicts with the owner’s property rights. This does not imply hostility in a negative sense but rather indicates a claim adverse to the owner’s interests.

The squatter must also show actual possession by physically using the property, maintaining it, and making improvements as if they were the owner. In some cases, having a document that appears to give the squatter title to the property (even if legally insufficient) can strengthen their claim.

Once the squatter meets these conditions for at least five years, they can file a "quiet title" lawsuit in court to gain legal ownership of the property. In court, the squatter must provide evidence, such as documentation and witness testimony, to prove they have met all the adverse possession criteria. If the court is satisfied, it will grant the squatter legal ownership of the property.

Property owners can protect their property from squatters by regularly inspecting and maintaining it, addressing any unauthorized occupancy promptly, and securing the property with locks and "No Trespassing" signs.

Fair Housing and Anti-Discrimination

Montana prohibits housing discrimination based on several protected characteristics. Both landlords and tenants need to understand the state's fair housing laws and anti-discrimination measures.

Protected Classes

It is illegal for landlords to discriminate against tenants or prospective renters based on:

• Race 
• Color
• National origin
• Religion
• Sex
• Familial status (including pregnancy)
• Disability
• Creed
• Age (for those over 40)
• Marital status

Landlords cannot refuse to rent, impose different terms, or misrepresent availability of units based on these protected classes. Discriminatory statements in advertising are also prohibited.

Rights for Tenants with Disabilities

Montana law requires landlords to make reasonable accommodations and allow reasonable modifications to rental units for tenants with disabilities. This includes physical alterations to the unit and common areas as needed. However, tenants are responsible for costs of modifications.  

Landlords must allow service and assistance animals for tenants with disabilities. They cannot charge extra fees or deposits for these animals.

Filing a Housing Discrimination Complaint

If tenants encounter housing discrimination, they can file a complaint with the Montana Human Rights Bureau or the U.S. Department of Housing and Urban Development (HUD). Complaints must be filed within 180 days of the discriminatory act.  

Retaliation by landlords against tenants who file fair housing complaints is illegal. Tenants are protected from eviction, rent increases, harassment, or other retaliatory actions.

Montana takes fair housing seriously. Violators can face administrative penalties, fines, and potential lawsuits. Tenants should report any suspected discrimination.

Legal Resources for Tenants

There are several government agencies and non-profit organizations in Montana that can provide information, resources, and assistance for tenants dealing with landlord-tenant issues or violations of their rights.

The Montana Department of Labor and Industry has a Housing Discrimination Hotline and investigates fair housing complaints. The Montana Legal Services Association is a non-profit offering free civil legal aid to low-income Montanans, including help with landlord-tenant disputes.

For more complex legal issues, tenants may need to consult and potentially retain a private tenant rights attorney. The State Bar of Montana offers an online directory to search for lawyers by location and area of practice. Some attorneys provide free initial consultations or offer sliding-scale fees based on income.

Tenants facing discrimination can file complaints with the Montana Human Rights Bureau. Those dealing with substandard housing conditions should report violations to the appropriate city or county housing code enforcement office.

Staying informed on landlord-tenant laws, acting promptly to address issues, documenting all communication and incidents, and knowing where to turn for legal assistance can help protect Montana renters' rights.

Frequently Asked Questions

What can a landlord not do in Montana?

Landlords in Montana cannot discriminate against tenants based on race, color, religion, national origin, sex, familial status, or disability. They also cannot retaliate against tenants for exercising their legal rights, such as reporting housing code violations. Additionally, landlords cannot use "self-help" eviction methods, like changing the locks or shutting off utilities.

How much notice does a landlord have to give a tenant to move out in Montana?

For month-to-month tenancies, landlords must provide at least 30 days' written notice before asking a tenant to move out. If the tenant has violated the lease, a shorter notice period may apply, such as a 3-day notice for non-payment of rent or a 14-day notice for other lease violations.

How much can a landlord raise rent in Montana?

There are no state laws in Montana limiting the amount or frequency of rent increases. However, landlords must provide proper notice before raising the rent, typically 30 days for month-to-month leases.

How long before a guest becomes a tenant in Montana?

A guest generally becomes a tenant if they stay for more than 14 consecutive days or if they stay a total of 30 days within a 12-month period. Specific terms can vary depending on the lease agreement.

How long does a landlord have to fix something in Montana?

Landlords must make necessary repairs within a reasonable time after receiving written notice from the tenant. For essential services and serious issues affecting health and safety, landlords typically need to address the problem within 3-7 days.