Montana · Renters' rights · Updated Oct 2026
Montana tenant rights
Security deposits, repairs, landlord entry, notices and evictions in Montana, in plain English from official sources, with free tools to get your deposit back and ask for repairs.
Guides for Montana renters
Security deposit
Limit, deadline, deductions, penalty and the calculator.
Repairs
The landlord's duty, repair and deduct, withholding rent and a repair letter.
Eviction
Notice periods, court deadlines, illegal lockouts and a timeline tool.
Security deposit in Montana
- Limit
- no statewide limit
- Deadline to return it
- Within 30 days after the tenancy ends or you hand back the unit (whichever comes first), the landlord must give you a written list of rent due and damage and cleaning charges, together with the rest of the deposit. If there is no damage, no cleaning needed, no unpaid rent, and you can show no unpaid utilities, the deposit must be returned within 10 days. The landlord may mail it to the new address you give, or your last known address.
- Itemized list
- Yes, a written list of rent due and damage and cleaning charges, delivered with any refund. Before deducting cleaning charges, the landlord must give you written notice of the cleaning not done, and you get 24 hours to do it (unless you left without notice).
- What may be deducted
- Damage caused by you, your family or guests; unpaid rent, late charges, utilities, lease penalties and other money owed; and actual cleaning costs (including reasonable landlord labor) to bring the unit back to its move-in condition. Not for normal wear or routine cyclical maintenance. Either side may ask for an inspection in the last week of the tenancy.
- Interest
- no
- Move-in checklist
- Yes. A landlord who takes a deposit must give you a separate signed written statement of the unit's condition at move-in, and on your written request a copy of the prior tenant's damage and cleaning list. If not, the landlord cannot charge for damage or cleaning unless it proves by clear and convincing evidence you caused it (MCA 70-25-206).
- If the landlord keeps it wrongly
- The landlord owes you the amount wrongfully withheld; the court may award attorney's fees to the winner. The landlord has the burden to prove damage. You can sue only after the 30-day (or 10-day) period passes or the landlord denies your claim in writing.
How to get your deposit back
- Before you move out, clean, take dated photos and video of every room, and return all keys.
- Give your landlord your new address in writing. In Montana: The landlord may mail it to the new address you give, or your last known address.
- Wait for the deadline: Within 30 days after the tenancy ends or you hand back the unit (whichever comes first), the landlord must give you a written list of rent due and damage and cleaning charges, together with the rest of the deposit.
- If the money or an itemized list doesn't come, or the deductions are wrong, send a demand letter (below). Keep proof of mailing.
- If that doesn't work, sue in small claims court. Limit: $7,000. Small claims court in Montana on Small Claims Map
Repairs in Montana
- The landlord's duty
- The landlord must keep the unit fit and habitable, follow building and housing codes affecting health and safety, keep common areas clean and safe, keep electrical, plumbing, heating, air-conditioning and supplied appliances working, provide trash receptacles, supply running and hot water and reasonable heat from October 1 to May 1, and install working smoke and carbon monoxide detectors (MCA 70-24-303).
- How to ask for repairs
- Give the landlord written notice of the problem. To end the lease: notice that it will end at least 30 days later if not fixed within 14 days; in an emergency, you may end the lease if the landlord does not fix it within 3 working days after written notice (MCA 70-24-406).
- Repair and deduct
- Allowed for problems affecting health and safety: after you notify the landlord (do it in writing), if the landlord does not repair within a reasonable time, you may make repairs costing no more than one month's rent and deduct the cost from rent. Emergency repairs must be done by a qualified person (MCA 70-24-406(1)(b)).
- Withholding rent
- not allowed (no rent escrow statute).
- Law
- MCA 70-24-303, 70-24-406
Landlord entry in Montana
At least 24 hours' notice, at reasonable times, except in an emergency or if impracticable. Posting the notice on your main entry door counts. The landlord may not use entry to harass you (MCA 70-24-312).
Eviction in Montana
- Notice for unpaid rent
- Written 3-day notice to pay rent or the lease will end (MCA 70-24-422(2)). If the notice is mailed with a certificate of mailing or by certified mail, it counts as served 3 days after mailing (MCA 70-24-108).
- Notice for a lease violation
- Written 14-day notice for most lease violations; you can avoid termination by fixing the problem before the date. 3 days for an unauthorized pet or unauthorized occupants (you can still fix it in time), and 3 days for verbal abuse of the landlord (ends only if not remedied). 3 days with no cure for damaging the property or creating a danger to the property or neighbors. A repeat of the same violation within 6 months: 5 days, no chance to cure (MCA 70-24-422).
- Ending a month-to-month tenancy
- At least 30 days' written notice from either side; week-to-week, 7 days (MCA 70-24-441).
- Lockouts and utility shutoffs
- Yes. If the landlord unlawfully removes or locks you out, or purposely cuts heat, water, hot water, electricity, gas or other essential services, you can get back in or end the lease and recover up to 3 months' rent or treble damages, whichever is greater (MCA 70-24-411).
- Court self-help
- The court's eviction self-help page
- Law
- MCA 70-24-411, 70-24-422, 70-24-441
Rent increases and rent control in Montana
- Notice of a rent increase
- no statute setting a rent-increase notice; for month-to-month, the landlord can change terms by giving 30 days' written notice to end the tenancy. A rent increase in retaliation is banned (MCA 70-24-431).
- Rent control
- No statewide rent control or rent cap.
Late fees in Montana
no statute
Retaliation in Montana
A landlord may not raise rent, cut services, or file or threaten eviction because you complained to a code agency, complained to the landlord in writing about repairs, or joined a tenants' union. A complaint within 6 months before the landlord's action creates a presumption of retaliation (not if you complained after notice of a rent increase). Remedies: as for lockouts, up to 3 months' rent or treble damages, and a defense to eviction (MCA 70-24-431).
Small claims court in Montana
Deposit disputes usually go to small claims court, where you don't need a lawyer.
Limit: $7,000.
Where to get free help in Montana
Good to know in Montana
- Ask for the written move-in condition statement; without it the landlord has a hard time charging you for damage or cleaning.
- Before cleaning charges come out of your deposit, the landlord must tell you in writing what needs cleaning and give you 24 hours to do it, unless you moved out without notice.
- Several lease violations (pets, unauthorized occupants, verbal abuse) allow only a 3-day notice.
Recent law changes
2025 Mont. Laws ch. 656 amended MCA 70-25-201 and 70-25-202: deposit refunds may be paid by electronic transfer, cash, check or other forms, or mailed to your new (or last known) address; if you move out without notice, the landlord may leave the cleaning notice in the unit and tell you by e-mail, phone or text. No other 2024-2026 changes were checked.
Free tools for Montana renters
Pre-set for Montana. They run in your browser and send nothing.
Deposit return calculator for Montana
Find your state's deadline for returning a security deposit, whether your landlord is late and what you may be owed. Nothing you type here is sent anywhere.
Security deposit demand letter for Montana
A short, firm and polite letter asking your landlord to return your deposit by a date. It cites your state's deposit law. Many landlords pay at this step, and the letter is proof that you asked. Fill this in, download the letter as PDF or Word (or copy it), sign it, keep a copy and send it in a way you can prove, such as certified mail with a return receipt.
Repair request letter for Montana
Ask your landlord in writing to fix the problem by a date. A written, dated request is the first step in almost every state, and it is proof that the landlord knew. Check the problems, add dates, then download the letter as PDF or Word (or copy it). Sign it, keep a copy and photos, and send it in a way you can prove.
Eviction notice timeline for Montana
Got a notice from your landlord? Enter the kind of notice and the day you got it to see the dates that follow from your state's rule, what your landlord may not do, and where to get free help fast.
This is not legal advice. Eviction deadlines are short and missing one can cost you your home. Read your notice carefully and contact legal aid or your court's self-help center right away.
Questions about renters' rights in Montana
How much can a landlord charge for a security deposit in Montana?
no statewide limit
How long does a landlord have to return a security deposit in Montana?
Within 30 days after the tenancy ends or you hand back the unit (whichever comes first), the landlord must give you a written list of rent due and damage and cleaning charges, together with the rest of the deposit. If there is no damage, no cleaning needed, no unpaid rent, and you can show no unpaid utilities, the deposit must be returned within 10 days. The landlord may mail it to the new address you give, or your last known address.
What can I do if my landlord won't return my deposit in Montana?
The landlord owes you the amount wrongfully withheld; the court may award attorney's fees to the winner. The landlord has the burden to prove damage. You can sue only after the 30-day (or 10-day) period passes or the landlord denies your claim in writing.
What can a landlord deduct from a security deposit in Montana?
Damage caused by you, your family or guests; unpaid rent, late charges, utilities, lease penalties and other money owed; and actual cleaning costs (including reasonable landlord labor) to bring the unit back to its move-in condition. Not for normal wear or routine cyclical maintenance. Either side may ask for an inspection in the last week of the tenancy.
Does a landlord have to pay interest on a security deposit in Montana?
no
How do I ask my landlord for repairs in Montana?
Give the landlord written notice of the problem. To end the lease: notice that it will end at least 30 days later if not fixed within 14 days; in an emergency, you may end the lease if the landlord does not fix it within 3 working days after written notice (MCA 70-24-406).
Can I repair and deduct the cost from rent in Montana?
Allowed for problems affecting health and safety: after you notify the landlord (do it in writing), if the landlord does not repair within a reasonable time, you may make repairs costing no more than one month's rent and deduct the cost from rent. Emergency repairs must be done by a qualified person (MCA 70-24-406(1)(b)).
Can I withhold rent for repairs in Montana?
not allowed (no rent escrow statute).
How much notice does a landlord need to enter in Montana?
At least 24 hours' notice, at reasonable times, except in an emergency or if impracticable. Posting the notice on your main entry door counts. The landlord may not use entry to harass you (MCA 70-24-312).
How much notice does a landlord have to give for unpaid rent in Montana?
Written 3-day notice to pay rent or the lease will end (MCA 70-24-422(2)). If the notice is mailed with a certificate of mailing or by certified mail, it counts as served 3 days after mailing (MCA 70-24-108).
How much notice for a lease violation in Montana?
Written 14-day notice for most lease violations; you can avoid termination by fixing the problem before the date. 3 days for an unauthorized pet or unauthorized occupants (you can still fix it in time), and 3 days for verbal abuse of the landlord (ends only if not remedied). 3 days with no cure for damaging the property or creating a danger to the property or neighbors. A repeat of the same violation within 6 months: 5 days, no chance to cure (MCA 70-24-422).
How much notice is needed to end a month-to-month lease in Montana?
At least 30 days' written notice from either side; week-to-week, 7 days (MCA 70-24-441).
Can my landlord lock me out or shut off utilities in Montana?
Yes. If the landlord unlawfully removes or locks you out, or purposely cuts heat, water, hot water, electricity, gas or other essential services, you can get back in or end the lease and recover up to 3 months' rent or treble damages, whichever is greater (MCA 70-24-411).
How much notice is needed for a rent increase in Montana?
no statute setting a rent-increase notice; for month-to-month, the landlord can change terms by giving 30 days' written notice to end the tenancy. A rent increase in retaliation is banned (MCA 70-24-431).
Is there rent control in Montana?
No statewide rent control or rent cap.
Is there a limit on late fees in Montana?
no statute
Can my landlord retaliate if I complain in Montana?
A landlord may not raise rent, cut services, or file or threaten eviction because you complained to a code agency, complained to the landlord in writing about repairs, or joined a tenants' union. A complaint within 6 months before the landlord's action creates a presumption of retaliation (not if you complained after notice of a rent increase). Remedies: as for lockouts, up to 3 months' rent or treble damages, and a defense to eviction (MCA 70-24-431).
What is the small claims limit in Montana?
$7,000.