How much notice does a landlord have to give before eviction in Montana?

Montana sets specific notice periods that depend on the reason for eviction: non-payment of rent, lease term breach, or end of lease term. Notice must generally be in writing and served correctly to be valid. The eviction section above details the required notice for each case in Montana; in most situations, a landlord must go through the courts before removing a tenant, changing the locks, or shutting off utilities, but state-by-state exceptions can apply (e.g., abandonment statutes), so review the state guide below before acting.

What habitability standards must landlords meet in Montana?

Under Montana law, landlords are generally responsible for keeping the unit safe and livable: working heat, hot water, plumbing, electrical, locks, and a structurally sound building. If you report a serious habitability problem in writing and the landlord fails to fix it within a reasonable time, many states let you pursue remedies like repair-and-deduct, rent withholding, or lease termination, but the available remedies and the procedures to use them vary by state, and a few states do not recognize all of them. See the habitability section above for the procedures that apply in Montana.

State Reference Guide · West

Montana
Tenant Rights.

This guide provides a detailed overview of the rights and responsibilities of tenants in the state of Montana. Most residential tenancies in Montana are governed by the Montana Residential Landlord and Tenant Act of 1977 (MRLTA).

Disclaimer: Information provided is for general educational purposes only and does not constitute legal advice. Laws vary by jurisdiction and are subject to change. Consult a qualified attorney for advice specific to your situation.

Security Deposit Return

10 Days

no damage / 30 days, with damage

Notice to Enter

24 Hours

Eviction (Nonpayment)

3 Days

notice to pay or quit

Rent Control

Prohibited

by state law

What rights do tenants have in Montana?

Tenants in Montana are protected by state law that governs security deposit limits, the notice a landlord must give before eviction, basic habitability standards (heat, water, electrical, locks), and the deadline for returning your deposit after move-out. Local cities in Montana sometimes add stronger protections on top of these state-wide rules.

MONEY

Security Deposits

Montana law regarding security deposits is found in Montana Code Annotated (MCA) Title 70, Chapter 25.

Maximum Amount

Montana law does not set a limit on how much a landlord can charge for a security deposit.

Return Deadline

10 Days: If the tenant moves out and there are no damages or cleaning charges, the landlord must return the full deposit within 10 days.30 Days: If there are deductions for damages or cleaning, the landlord has 30 days to provide an itemized list of deductions and the remaining balance (MCA 70-25-202).

Itemization Requirements

The landlord must provide a written list of any deductions. They cannot deduct for "ordinary wear and tear."

The "Cleaning Notice" Rule

This is a unique Montana protection. Before a landlord can deduct cleaning expenses from a security deposit, they must provide the tenant with a written notice stating what needs to be cleaned and giving the tenant 24 hours to complete the cleaning themselves (MCA 70-25-201). This rule only applies if the tenant is still in possession or provides a forwarding address upon move-out.

Penalties

If a landlord "wrongfully withholds" a deposit, they may be liable for an amount equal to the sum determined to have been wrongfully withheld, plus attorney fees and costs awarded to the prevailing party (MCA 70-25-204).

NOTICE

Eviction Notices

Eviction procedures in Montana are governed by MCA 70-24-422. A landlord cannot physically remove a tenant; they must go through the court system (an "Action for Possession").

Nonpayment of Rent

If rent is late, the landlord can provide a 3-day notice to pay or quit. If the tenant pays within those 3 days, the tenancy continues.

Lease Violations

General Violations: 14-day notice to "cure" (fix) the issue. If it is fixed within 14 days, the lease continues.Repeat Violations: If the same violation occurs within 6 months, the landlord can give a 5-day notice without the option to fix it.

Illegal Activity

For issues involving drugs, gang activity, or serious threats to safety, the landlord can issue a 3-day notice to vacate.

Month-to-Month Termination

Either the landlord or the tenant can end a month-to-month lease by providing at least 30 days' written notice (MCA 70-24-441).

NOTICE

Landlord Entry Requirements

Montana law balances a landlord’s right to inspect their property with a tenant’s right to privacy (MCA 70-24-312).

Notice Period

A landlord must give at least 24 hours' notice before entering the dwelling.

Reasonable Time

Entry must be at reasonable times (usually business hours).

Emergency Exceptions

A landlord may enter without notice in cases of emergency (e.g., a bursting pipe or fire).

Tenant Absence

If the tenant is gone for more than 7 days, the landlord may enter during that time if reasonably necessary.

Abuse of Access

If a landlord enters illegally or uses the right of access to harass the tenant, the tenant can seek an injunction or terminate the lease.

MONEY

Rent Control and Increases

Rent Control Status

Montana prohibits local governments (like Missoula or Bozemann) from enacting rent control. Under MCA 7-1-111, the state preempts local authority over private rent regulation.

Rent Increases

For a month-to-month lease, the landlord must provide 15 days' notice before increasing the rent. For a fixed-term lease, the rent cannot be increased until the lease expires unless the lease specifically allows it.

SAFETY

Habitability and Repairs

Landlords are required to provide a safe and livable home (MCA 70-24-303).

Warranty of Habitability

Landlords must comply with building/housing codes, maintain common areas, keep electrical/plumbing/heating in good working order, and provide running water.

Repair and Deduct (MCA 70-24-406)

If a landlord fails to make major repairs (like heat or water), the tenant can: - Notify the landlord in writing of the intent to repair and deduct.If the repair costs less than one month's rent, the tenant can have the work done and deduct the cost from the next month's rent. Note: This process is strict; tenants should always seek legal advice before withholding rent.

Constructive Eviction

If the unit is so damaged it is "unfavorable" to live in, the tenant may terminate the lease immediately with written notice.

SAFETY

Retaliation Protections

Montana provides strong protections against landlords who try to "get back" at tenants for exercising their rights (MCA 70-24-431).

Protected Activities

A landlord cannot evict, decrease services, or increase rent because a tenant complained to a government agency, joined a tenant union, or complained about habitability.

Presumption Period

If a landlord takes negative action against a tenant within 6 months of the tenant making a formal complaint, the court presumes the landlord is retaliating. The landlord would then have to prove in court that they had a legitimate, non-retaliatory reason for their action.

LEASE

Lease Requirements and Disclosures

Montana has specific requirements for what must (and must not) be in a lease.

Writing Requirement

While oral leases are technically legal for terms under one year, Montana law assumes a month-to-month tenancy if there is no written agreement.

Prohibited Terms

A lease cannot force a tenant to waive their rights under the MRLTA, pay the landlord’s attorney fees (unless a court orders it), or limit the landlord's liability for negligence (MCA 70-24-202).

Mold Disclosure

Under MCA 70-16-703, landlords must provide a "Mold Disclosure" statement. If they have knowledge of mold in the building, they must disclose it. If they have no knowledge, they provide a statement saying so.

Meth Lab Disclosure

Landlords must disclose if a property has been used as a clandestine methamphetamine laboratory unless it has been certified as "decontaminated" by the Department of Environmental Quality (MCA 75-10-1305).

Summary

Quick reference table.

Topic	Rule/Requirement	Statute (MCA)
Security Deposit Return	10 days (no damage) / 30 days (with damage)	70-25-202
Notice to Enter	24 Hours	70-24-312
Eviction (Nonpayment)	3-Day Notice to Pay or Quit	70-24-422
Repair and Deduct	Up to one month's rent	70-24-406
Rent Control	Prohibited by state law	7-1-111
Cleaning Notice	Must give tenant 24 hours to clean	70-25-201

Cities with local protections

These Montana cities layer extra tenant protections on top of state law: Billings, Bozeman, Helena, Missoula.

Common Questions

Frequently Asked

Security deposit limits in Montana are set by state law and typically apply per lease, not per tenant. The exact cap, allowed deductions, and the deadline for returning the deposit are defined in the Montana statutes section above; deadlines vary by state, so check that section for the specific rule that applies to your lease. Always document the unit's condition with photos at move-in and move-out so you can dispute improper deductions.

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