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Tenant Rights in Montana

A comprehensive guide to your rights as a renter in Montana. Covers security deposits, eviction procedures, rent control, repair obligations, and when to get legal help.

Data last updated: Apr 16, 2026

Key Takeaways

  • Security deposit max: No statutory limit. However, case law and custom typically keep deposits at 1 to 2 months' rent..
  • Return deadline: 30 days after the tenancy ends (10 days if the landlord claims no deductions)..
  • Rent control: No.
  • Repair and deduct: Not allowed.
No statutory limit. However, case law and custom typically keep deposits at 1 to 2 months' rent. Security deposit maximum
30 days after the tenancy ends (10 days if the landlord claims no deductions). Deposit return deadline
No Statewide rent control
Required Judicial eviction

Security Deposits

  • Maximum amountNo statutory limit. However, case law and custom typically keep deposits at 1 to 2 months' rent.
  • Return deadline30 days after the tenancy ends (10 days if the landlord claims no deductions).

Landlord may deduct for unpaid rent, damages beyond normal wear and tear, and costs to clean the unit to its original condition. Must provide an itemized statement.

Eviction Process

  • Notice requirements3-day notice for nonpayment of rent. 14-day notice for lease violations (with 14-day cure period). 30-day notice for termination of month-to-month tenancy.
  • Judicial eviction requiredYes
  • Estimated timeline2 to 4 weeks for uncontested cases.

Rent Control

Montana has no rent control laws. State law does not preempt local rent control, but no jurisdiction has enacted it.

Repair and Habitability

  • Repair and deductNot allowed
  • Rent withholdingNot allowed
  • Retaliation protectionYes

Lease Termination

  • Month-to-month notice30 days' written notice by either party.

Tenant may be liable for remaining rent. Landlord must make reasonable efforts to re-rent. Military members may terminate under the SCRA.

Key Statutes

  • Montana Residential Landlord and Tenant Act: Mont. Code Ann. §§ 70-24-101 to 70-26-110
  • Security Deposits: Mont. Code Ann. § 70-25-201 to 70-25-206
  • Landlord Obligations: Mont. Code Ann. § 70-24-303
  • Retaliation: Mont. Code Ann. § 70-24-431

When to Get Legal Help

  • You're facing eviction, especially with short notice
  • Your landlord is withholding a large security deposit
  • You believe you're being discriminated against
  • Your unit has serious habitability issues the landlord refuses to fix

Find free legal aid in Montana

Frequently Asked Questions

  • Is there a security deposit limit in Montana?

    Montana does not set a statutory cap on security deposits, though custom and case law generally keep them at 1 to 2 months' rent. The deposit must be returned within 30 days (or 10 days if no deductions) after the tenancy ends.

  • Can a Montana tenant withhold rent for repairs?

    Montana does not provide a statutory repair-and-deduct or rent withholding remedy. Tenants must pursue other remedies such as contacting local code enforcement or filing a lawsuit.

  • How much notice is required for eviction for nonpayment in Montana?

    A landlord must give a 3-day notice for nonpayment of rent. After the notice period expires, the landlord can file for eviction in court.

  • Does Montana protect tenants from retaliation?

    Yes. Montana law prohibits landlord retaliation against tenants who exercise their legal rights, complain about housing conditions, or join a tenant organization.

Legal Disclaimer: FreeNetLaw provides general legal information, not legal advice. The information on this site is not a substitute for consultation with a licensed attorney. Laws vary by jurisdiction and change frequently. Always verify information with official sources and consult a qualified attorney for advice about your specific situation.

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