Montana Landlord-Tenant Law 2026: The Complete Handbook

Tenby is an AI-powered property management platform for independent landlords managing 1-50 rental units. Tenby's compliance engine is loaded with Montana-specific rules — security deposit deadlines, required disclosures, late fee limits, and eviction notice requirements — automatically enforced for every Montana property.

Montana's landlord-tenant relationship is governed by the state's residential landlord-tenant statutes (Mont. Code Title 70, chapters 24 and 25). Montana is a landlord-friendly state on deposits and late fees, but it pairs that flexibility with strict documentation requirements — miss the move-in condition statement and you lose the right to deduct for damage. Here's everything you need to know.

Security deposits in Montana

Key details:

• Montana places no cap on the amount of a security deposit (Mont. Code § 70-25-201)
• The deposit — or an itemized list of deductions — must be returned within 30 days after the tenancy ends; that shortens to 10 days when the tenant gives proper notice (Mont. Code § 70-25-202)
• A written statement of the premises' condition, signed by the landlord, is required at move-in if you ever want to deduct for damage. No move-in condition statement, no damage deduction (Mont. Code § 70-25-206)
• Deductions must be itemized in writing — keep photos and receipts

> Run the numbers: Use the Montana security deposit calculator to check your deposit amount and return deadline against Montana law.

Eviction process in Montana

Self-help evictions (changing locks, removing belongings, shutting off utilities) are illegal. Follow the statutory process.

Step 1: Serve proper notice

Montana's nonpayment notice carries a right to cure: if the tenant pays the rent due within the 3-day window, the tenancy continues (Mont. Code § 70-24-422).

Step 2: File the eviction action

If the tenant neither pays nor vacates, file an eviction action with the appropriate local court.

Step 3: Court hearing

Both parties present their case. Bring the lease, the served notice, the ledger, and your documentation.

Step 4: Writ of possession

If the court rules in your favor, law enforcement executes the writ. Timelines vary by county court schedules.

Late fees in Montana

Montana has no statutory grace period and no statutory cap on late fees. The fee must be provided for in the lease, and courts can strike an excessive fee as an unenforceable penalty. Best practice: keep late fees in a modest percentage range of monthly rent and spell them out clearly in the lease.

> Check your fee: The Montana late fee calculator tells you whether your proposed fee holds up under Montana's reasonableness standard. Also try our prorated rent calculator for move-in/move-out calculations.

Landlord entry in Montana

Give at least 24 hours' notice before non-emergency entry, and enter at reasonable times. Put the entry procedure in the lease so both parties know what to expect.

Required disclosures in Montana

Montana landlords must provide the following:

1. Landlord/agent identity — written disclosure, at or before commencement, of the person authorized to manage the premises and the owner (or the owner's agent) for service of process and notices. Must be kept current and binds successors (Mont. Code § 70-24-301)
2. Mold disclosure — a landlord who knows the building has mold must disclose its presence before or at lease signing. Providing the statutory mold disclosure statement is optional — but doing so, together with disclosing known mold, grants the landlord immunity from mold-related liability (Mont. Code § 70-16-703)
3. Move-in condition statement — a written statement of the premises' condition, signed by the landlord, is required at move-in to claim any deposit deduction for damage (Mont. Code § 70-25-206)
4. Lead paint disclosure — for properties built before 1978, disclose known lead-based paint hazards and provide the EPA's "Protect Your Family From Lead in Your Home" pamphlet (federal requirement)

Rent increase rules in Montana

• No rent control — Montana has no rent control
• No cap on the amount of an increase
• Cannot raise rent during a fixed-term lease unless the lease includes a rent increase clause
• Cannot raise rent in retaliation for a tenant exercising legal rights
• Month-to-month tenancies can be terminated on 30 days' notice (Mont. Code § 70-24-441) — give at least that much runway when changing terms

Maintenance obligations

Landlord must:

• Maintain the property in habitable condition and comply with building and housing codes
• Keep plumbing, heating, electrical, and supplied appliances in good working order
• Maintain common areas
• Make repairs within a reasonable time after notice — Tenby's compliance engine tracks a 14-day repair window for Montana properties

Tenant must:

• Keep the unit clean and sanitary
• Use systems, fixtures, and appliances reasonably
• Not willfully or negligently damage the premises
• Dispose of garbage properly and not disturb neighbors
• Notify the landlord of needed repairs promptly

Tenant rights in Montana

Tenants in Montana have the right to:

• Habitable housing — the landlord must maintain the premises
• Cure nonpayment — paying the rent due within the 3-day notice window ends the eviction (Mont. Code § 70-24-422)
• Withhold rent — Montana law permits rent withholding remedies when the landlord fails to maintain the premises (Mont. Code § 70-24-421)
• Repair and deduct — not provided as a general statutory remedy in Montana; tenants pursue the statutory withholding and court remedies instead
• Deposit protections — itemized deductions, the 30-day (or 10-day) return deadline, and the move-in condition statement requirement
• Privacy — 24 hours' notice before non-emergency entry (Mont. Code § 70-24-312)
• Domestic violence protections — under federal VAWA, tenants in certain federally subsidized housing have additional protections

How Tenby helps Montana landlords

Tenby's compliance engine handles Montana-specific requirements automatically:

• 30-day deposit return tracking with countdown alerts (and the 10-day fast path when the tenant gives proper notice)
• Move-in condition statement workflow with photo documentation — so damage deductions actually hold up under § 70-25-206
• Required disclosure checklist at lease creation (agent identity, mold, lead paint)
• 3-day pay-or-quit notice timeline guidance with notice generation
• 24-hour entry notice tracking
• Late fee reasonableness guidance for a state with no statutory cap

The bottom line

Montana gives landlords wide latitude — no deposit cap, no late fee cap, no rent control — but it ties your deduction rights to paperwork. The key requirements to remember: a signed move-in condition statement before you can deduct for damage, a 30-day deposit return deadline (10 days when the tenant gives proper notice), a 3-day pay-or-quit notice with a right to cure, 24-hour entry notice, and the identity and mold disclosures. Document everything and the statutes work in your favor.