Montana Tenant Rights
Montana's Residential Landlord and Tenant Act (Mont.
Last reviewed:
Key Laws by Topic
Eviction Laws
- Notice Period:
- 30 days for month-to-month tenancy
- Just Cause Required:
- No statewide just-cause requirement
- Cure Or Quit Period:
- 14 days to cure lease violations; 3 days for nonpayment of rent
- Eviction Process:
- Unlawful detainer action filed in district court or justice court
Security Deposit Laws
- Limit:
- No statutory cap
- Return Deadline:
- 10 days (no damage) or 30 days (damage claimed)
- Interest Required:
- No
- Itemization Required:
- Yes — written itemized statement required
- Penalty For Wrongful Withholding:
- Landlord liable for actual damages caused by wrongful withholding
Repair & Habitability Laws
- Repair And Deduct:
- Yes — up to one month's rent after 14 days written notice to landlord
- Rent Withholding:
- Tenant may terminate agreement for material failure to maintain habitable conditions
- Habitability Standard:
- Housing code compliance; working heating, plumbing, and electrical; running water
- Notice Required:
- 14 days written notice to landlord before invoking repair-and-deduct remedy
Tenant Harassment Laws
- Anti Harassment:
- Anti-retaliation statute; general tort law covers broader harassment
- Penalties:
- Tenant may recover actual damages and attorney fees for retaliatory conduct
- Retaliation Prohibited:
- Yes — retaliation within a reasonable period of protected activity is prohibited
Notice & Entry Laws
- Notice Required:
- 24 hours advance notice for non-emergency entry
- Emergency Entry:
- Permitted without prior notice in emergency situations
- Permissible Reasons:
- Repairs, inspections, showing unit to prospective tenants or buyers
- Time Of Entry:
- Must be at a reasonable time
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