Montana
Montana Landlord-Tenant Laws (2026): Deposits, Notice, and Tenant Rights
Montana places no statutory cap on security deposits and requires landlords to return deposits within 10 days if there are no deductions, or within 30 days if deductions are claimed. Landlords must give tenants 24 hours' notice before entering except in emergencies.
Security deposits in Montana
Montana law (MCA 70-25) does not set a maximum dollar cap on security deposits, so landlords may require any amount they deem appropriate, subject to the general requirement that lease terms be commercially reasonable. What the law does control is the return timeline. If a landlord makes no deductions, the full deposit must be returned within 10 days of the tenancy ending and the tenant surrendering possession. If the landlord claims deductions, they have 30 days to provide an itemized written statement of damages and return any balance owed.
Failure to comply with the return deadlines can entitle the tenant to recover the withheld amount plus damages in a court action. Allowable deductions are limited to unpaid rent and physical damage beyond normal wear and tear. Montana does not require landlords to pay interest on held deposits.
| Maximum deposit | No statutory cap |
| Return deadline (no deductions) | 10 days |
| Return deadline (with deductions) | 30 days |
| Interest required | No |
When can a landlord enter? Notice rules
Montana requires landlords to give tenants at least 24 hours' written or verbal notice before entering a rental unit for non-emergency purposes, under MCA 70-24-312. Entry should occur at reasonable times, which is generally interpreted as normal business hours unless the tenant agrees to a different time.
Emergency entry is permitted without advance notice when there is an immediate threat to life or property, such as a fire, flooding, or a gas leak. Landlords may also enter if the tenant has abandoned the property. Outside of those narrow exceptions, entering without 24 hours' notice is a violation of the tenant's right to quiet enjoyment and may constitute a material breach of the lease.
Ending a lease: notice to vacate
Either party in a month-to-month tenancy in Montana must give at least 30 days' written notice before the end of a rental period to terminate the tenancy. If a landlord gives notice on, say, June 10, the tenancy would not end until July 31 (the close of the next full rental period that begins after the notice).
Fixed-term leases end on the agreed expiration date. If a tenant stays past the end of a fixed-term lease without a new agreement, the tenancy may convert to month-to-month if the landlord continues accepting rent. For terminations based on nonpayment or a lease violation, Montana requires separate legal notice before an eviction can proceed. See the Montana eviction notice page for those specific timelines and form requirements.
Repairs and the warranty of habitability
Montana adopted the Uniform Residential Landlord and Tenant Act (URLTA), codified at MCA Title 70, Chapter 24. Under MCA 70-24-303, landlords must maintain rental property in a condition that complies with applicable housing codes and that keeps the property safe and habitable: working plumbing, heating, electrical systems, and structural integrity.
If a landlord fails to make a required repair, Montana tenants have the right to use repair-and-deduct under MCA 70-24-406. The tenant must give the landlord written notice describing the defect and allow a reasonable period to fix it (typically 14 days for non-emergency issues). If the landlord does not act, the tenant may arrange for the repair and deduct the cost from rent, subject to certain limits set out in the statute. For serious habitability failures, the tenant may also terminate the lease or seek court relief. All repair requests should be documented in writing and kept by the tenant.
Rent, late fees, and rent control
Montana does not cap late fees by statute. Any late charge must be disclosed in the lease and must be a reasonable approximation of the landlord's actual damages from late payment rather than a penalty. Montana courts have discretion to reduce fees that appear punitive.
Montana has no statewide rent control law and no mechanism allowing cities or counties to impose local rent caps. Landlords may raise rent by any amount on a month-to-month tenancy with proper 30-day advance notice. During a fixed-term lease, the landlord cannot increase rent unless the lease explicitly permits it. Tenants receiving a rent increase notice during a month-to-month tenancy have the option to accept the new rate or give their own 30-day notice to vacate.
If you have a landlord-tenant dispute in Montana
Begin by documenting every communication with your landlord. Use written notices (certified mail or email with read receipts) for any complaint, repair request, or notice to vacate. If a landlord fails to return your security deposit within the 10-day or 30-day window, you can file a claim in Montana small claims court for amounts up to $7,000. Keep your original lease, move-in inspection report, and all correspondence as evidence.
For habitability and housing code complaints, contact your local city or county building inspection department. The Montana Department of Justice handles general consumer protection issues. Montana Legal Services Association provides free civil legal help to qualifying low-income renters. Before withholding rent or pursuing repair-and-deduct, consult a licensed Montana attorney to confirm the procedural steps are correct under MCA 70-24-406, since a procedural misstep can expose a tenant to eviction.
This article is general legal information, not legal advice. Landlord-tenant rules vary by state and city and change, and some cities add their own ordinances. For advice about a specific situation, consult a licensed attorney or your state housing agency.
Related pages
- Landlord-Tenant Laws by State: Full Hub
- Montana Eviction Notice Requirements
- Montana Squatters Rights
More Montana Laws
Frequently Asked Questions
How long does a landlord have to return my deposit in Montana?
Montana landlords have 10 days to return the deposit if no deductions are claimed. If the landlord withholds any portion, they have 30 days to return the balance along with an itemized written statement of deductions. Missing either deadline can expose the landlord to a damages claim in court.
What is the maximum security deposit in Montana?
Montana law sets no cap on security deposits, so landlords may charge any amount they see fit. While there is no maximum, the deposit amount should still be disclosed clearly in the lease. The return rules (10 or 30 days depending on deductions) apply regardless of the deposit amount.
How much notice must a landlord give to enter in Montana?
Montana requires at least 24 hours' notice before a landlord may enter a rental unit for non-emergency purposes under MCA 70-24-312. Entry must occur at a reasonable time. In a genuine emergency, a landlord may enter immediately without prior notice.
How much notice do I need to end a month-to-month lease in Montana?
Both landlords and tenants must give at least 30 days' written notice to end a month-to-month tenancy in Montana. The notice should be given before the start of the last rental period you want to be the final one.
Can I withhold rent for repairs in Montana?
Montana allows repair-and-deduct under MCA 70-24-406. You must give the landlord written notice of the defect and allow a reasonable time (typically 14 days) to make the repair. If they do not act, you may arrange for the fix and deduct the cost from rent. Withholding rent without following the statutory steps can result in eviction.
Can a landlord raise rent in Montana?
Yes. Montana has no statewide or local rent control. A landlord can raise rent on a month-to-month tenancy with at least 30 days' written notice. Rent cannot be raised during the term of a fixed-term lease unless the lease specifically allows it.
What deductions can a Montana landlord take from my deposit?
Montana landlords may deduct unpaid rent and the cost of repairing physical damage that goes beyond normal wear and tear. Normal wear and tear, such as minor scuffs or carpet fading from regular use, cannot be charged against the deposit. Any deductions must be itemized in writing within 30 days of the tenancy ending.
Sources and References
- Montana Code Annotated Title 70, Chapter 24 (Residential Landlord and Tenant Act)(mca.legmt.gov).gov
- Montana Code Annotated Title 70, Chapter 25 (Security Deposits)(mca.legmt.gov).gov
- Montana Department of Justice Consumer Protection(dojmt.gov).gov