
Montana (MT) law guide
Montana's rental relationships are governed by the **Montana Residential Landlord and Tenant Act of 1977**, codified at Title 70, Chapter 24 of the Montana Code Annotated (MCA). The state imposes no statutory cap on security deposits and enacted a statewide ban on rent control ordinances in 2023, making it one of the more **landlord-friendly environments** in the Mountain West. Tenants still carry meaningful protections under MCA Title 70, including a mandatory implied warranty of habitability and strict prohibitions on self-help eviction tactics.
Security deposit limit
No statutory cap
Deposit return deadline
10 days (no deductions) / 30 days (with deductions)
Statewide rent control
Banned statewide (HB 463, 2023)
Nonpayment eviction notice
3-day pay-or-quit notice
Montana rental market snapshot
Population
~1.14 million (2025 est.)
Renter households
~31% of households rent
Median rent
~$1,300 (2BR)
Largest rental markets
Billings, Missoula, Great Falls, Bozeman, Helena
Montana's statewide rent-control ban (HB 463, 2023) gives Bozeman and Missoula landlords uncapped pricing power even as 2BR rents in those cities approach $1,600 to $1,700, reinforcing why tenants in fast-growing university and resort markets lean on MCA habitability and deposit-return protections more than anywhere else in the state.
Montana is one of roughly half of U.S. states that sets no statutory cap on security deposit amounts. Landlords may collect whatever amount is agreed upon in writing, though market practice across Billings, Helena, and Great Falls typically runs one to two months' rent. All deposits are fully refundable except for lawful deductions, and Montana law explicitly prohibits landlords from charging nonrefundable fees in place of a security deposit.
The return timeline under MCA 70-25-202 runs on two tracks. If the landlord finds no damages, no cleaning due, no unpaid rent, and the tenant demonstrates no unpaid utilities, the full deposit must be returned within 10 days of move-out. When deductions are claimed, the landlord has 30 days from termination of tenancy or surrender and acceptance of the premises (whichever comes first) to deliver a written itemized list of charges along with any remaining balance. Acceptable refund methods include electronic transfer, check, cash, or mail to the tenant's new address.
Montana has no statewide rent control and, since March 2023, actively bans local jurisdictions from enacting rent stabilization ordinances. House Bill 463 preempts any city or county rule that would cap rent increases, meaning landlords across Missoula, Bozeman, and every other Montana municipality may raise rents by any amount with proper notice. There is no statutory ceiling on the size of a rent increase.
For a month-to-month tenancy, landlords must provide at least 15 days' written notice before the end of the monthly period to change any lease term, including rent (MCA 70-26-109). If the tenant continues occupying the unit after the month expires under the new terms, the revised rent becomes part of the agreement by operation of law. Fixed-term leases generally cannot be modified mid-term unless both parties agree in writing.
Notice of a rent increase must be in writing. Verbal notice is unenforceable for that period. Landlords should confirm delivery to avoid disputes over when the 15-day clock began. Montana also prohibits retaliatory rent increases against tenants who have exercised a protected right, such as reporting a code violation (MCA 70-24-431).
Before a landlord can file an eviction (unlawful detainer) action in Montana, the correct notice must be served. For nonpayment of rent, the landlord must give the tenant a 3-day pay-or-quit notice allowing the tenant to pay the full amount owed or vacate. If the tenant pays within those three days, the eviction process stops. If the notice is served by mail rather than personal delivery, three additional days are added to account for transit time.
For lease violations other than nonpayment, Montana law generally requires a 14-day notice to cure or quit. If the tenant corrects the violation within 14 days, tenancy continues. Terminating a month-to-month tenancy without cause requires a written 30-day notice from either the landlord or the tenant. Once the notice period expires without compliance, the landlord may file a formal eviction complaint in the appropriate justice court or district court.
Self-help eviction is strictly prohibited in Montana. A landlord who changes locks, removes doors or windows, shuts off utilities, or removes a tenant's belongings without a court order may be liable for actual damages under MCA 70-24-411. Courts in Montana routinely award damages to tenants harmed by self-help tactics, and the landlord loses any procedural advantage in the pending eviction case.
Montana landlords carry a non-waivable duty to maintain habitable conditions under MCA 70-24-303. This includes compliance with building and health codes materially affecting safety, keeping electrical, plumbing, heating, and ventilation systems in safe working order, and making all necessary repairs. Parties cannot contractually waive this warranty. Tenants who experience a habitability failure must provide written notice giving the landlord a reasonable time, typically 14 days under MCA 70-24-406, to make repairs before pursuing remedies.
If a landlord fails to repair after proper notice, tenants have several options. They may terminate the lease without penalty, pursue a rent reduction equal to the diminished rental value, or in some situations arrange for the repair themselves and deduct the reasonable cost from rent, generally not to exceed one month's rent. Montana also grants tenants the right to quiet enjoyment, meaning a landlord may not enter without at least 24 hours' written notice except in a genuine emergency (MCA 70-24-312).
Anti-retaliation protections under MCA 70-24-431 prohibit landlords from raising rent, reducing services, or initiating eviction proceedings within 60 days of a tenant exercising a protected right, such as reporting a code violation to a government agency or organizing with other tenants. If a landlord retaliates, the tenant may raise retaliation as a defense in any eviction proceeding and may recover actual damages plus attorney fees.
This guide is general information, not legal advice. Governing statute: Montana Residential Landlord and Tenant Act of 1977. Laws change; confirm the current statute or consult an attorney before acting. Last reviewed 2026-06-04.
Montana FAQ
Montana law sets no maximum on security deposits. Landlords may charge any amount agreed to in writing. Market norms in most Montana cities range from one to two months' rent, but there is no statutory ceiling.
If there are no deductions, the landlord must return the deposit within 10 days. If deductions are claimed, the landlord has 30 days to return the remaining balance along with an itemized written list of charges under MCA 70-25-202.
No. Montana has no statewide rent control and bans local jurisdictions from enacting rent stabilization laws. House Bill 463, signed in 2023, prohibits any city or county rent control ordinances.
A landlord must serve a written 3-day pay-or-quit notice. The tenant then has three days to pay the full amount owed or vacate before the landlord may file an eviction complaint in court.
For a month-to-month tenancy, the landlord must give at least 15 days' written notice before the end of the monthly rental period. There is no cap on the amount of the increase.
No. Self-help eviction tactics including changing locks, removing belongings, or shutting off utilities without a court order are prohibited. A landlord who uses self-help tactics may be liable for actual damages under MCA 70-24-411.
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