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. MCA 70-25-201(1) sets out what may come out of the deposit, and it is broader than damage alone: the damage the tenant caused, unpaid rent, late charges, utilities, penalties due under lease provisions, other money owing to the landlord at the time of deduction, and actual cleaning expenses, including a reasonable charge for the landlord's own labor. Subsection (4) closes the list, so nothing outside it may be withheld. Ordinary wear and tear is not damage caused by the tenant and cannot be charged.

Cleaning deductions carry an extra procedural step that tenants often do not know about. Under MCA 70-25-201(3), a landlord may not deduct cleaning charges until written notice has been given to the tenant identifying the cleaning the tenant did not do and what needs to be done to return the unit to its condition at the start of the tenancy. The tenant then has 24 hours to complete that cleaning. Cleaning charges also cannot be imposed for the landlord's own cyclical maintenance unless tenant negligence forced it. A tenant who vacates without telling the landlord loses the benefit of that warning step. Montana does not require landlords to pay interest on held deposits.

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. MCA 70-24-312(3)(a) also excuses the 24 hours where giving notice is impracticable, and 70-24-312(3)(b) provides that a tenant has notice of the intent to enter if the landlord conspicuously posts that intent on the main entry door of the unit, so a posted note can satisfy the requirement even where the landlord never reaches the tenant directly. Beyond that, a landlord may enter under a court order or once the tenant has abandoned or surrendered the premises. Outside of those 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 the other at least 30 days' written notice before the termination date designated in the notice, under MCA 70-24-441(2). The date the notice names is what controls: MCA 70-24-441(3) states that the tenancy terminates on the designated date "without regard to the expiration of the period for which, by the terms of the tenancy, rents are to be paid." So a notice given on June 10 can lawfully end the tenancy on July 10, part-way through a rental month, rather than waiting for the end of July. Rent is apportioned day to day unless the parties agreed otherwise. The 30 days is a floor, so a notice naming a date less than 30 days out does not terminate the tenancy on that date. Week-to-week tenancies take 7 days' written notice instead.

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 affecting health and safety, MCA 70-24-406 gives Montana tenants two separate remedies, and they run on different clocks. Confusing them is the most common way a tenant loses the protection.

Repair-and-deduct is subsection (1)(b). The tenant gives the landlord notice of the defect and allows a reasonable time for the repair; if the landlord still has not made it, the tenant may make repairs that do not cost more than 1 month's rent and deduct the cost from the rent. That 1 month's rent ceiling is the operative limit, and spending beyond it is not protected by the statute. If the repair is an emergency, the tenant may have it made only by a person qualified to make it.

Termination is subsection (1)(a), and that is where the 14 days comes from. The tenant delivers written notice specifying the acts or omissions constituting the breach and stating that the rental agreement will terminate on a date not less than 30 days after the landlord receives the notice if the breach is not remedied within 14 days. In an emergency, the landlord has 3 working days after written notice to fix the problem before the tenant may terminate. If the landlord adequately remedies the breach before the date named, the lease does not terminate.

Under 70-24-406(2) a tenant may also recover actual damages and seek injunctive relief for the landlord's noncompliance, in addition to either remedy above. 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

• Montana Property Records
• Montana Restraining Order Laws
• Montana Squatters Rights Laws
• Montana Unclaimed Property

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, and entry must occur at a reasonable time. The statute excuses that notice in a genuine emergency and also where giving it is impracticable, and it treats the tenant as noticed if the landlord conspicuously posts the intent to enter on the main entry door. A landlord may otherwise enter only under a court order or after the tenant has abandoned or surrendered the premises.

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. Under MCA 70-24-441(3) the tenancy ends on the date the notice designates, without regard to when the rental period would otherwise have expired, so notice given on June 10 can end the tenancy on July 10 rather than at the end of the month. Rent is apportioned day to day unless the parties agreed otherwise.

Can I withhold rent for repairs in Montana?

Montana allows repair-and-deduct under MCA 70-24-406(1)(b). You must give the landlord notice of the defect and allow a reasonable time to make the repair; if the landlord does not act, you may make repairs that cost no more than 1 month's rent and deduct that cost from the rent. The 14-day period people often attach to repair-and-deduct actually belongs to a different remedy, the termination route in 70-24-406(1)(a), where an emergency shortens the landlord's window to 3 working days. 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?

MCA 70-25-201 allows a Montana landlord to deduct damage caused by the tenant, unpaid rent, late charges, utilities, penalties due under lease provisions, other money owing at the time of deduction, and actual cleaning expenses, including a reasonable charge for the landlord's labor. Nothing outside that list may be withheld, and ordinary wear and tear, such as minor scuffs or carpet fading from regular use, is not tenant-caused damage. Cleaning charges cannot be deducted until the landlord gives written notice of what cleaning is needed and the tenant has had 24 hours to do it. Any deductions must be itemized in writing within 30 days of the tenancy ending.