Montana Landlord-Tenant Law

Maximum deposit

Montana law does not cap the amount of a security deposit (MCA Title 70, ch. 25 sets no limit). (MCA Title 70, ch. 25 (no cap), MCA § 70-25-101(4))

Return deadline

Landlords must return the full deposit within 10 days if there is no damage, cleaning, unpaid rent or unpaid utilities, and otherwise must deliver the refund with a written list of charges within 30 days after the tenancy ends or the unit is surrendered (MCA § 70-25-202). (MCA § 70-25-202(1)(a), (b))

Itemized deductions

Landlords must give the departing tenant a written list of rent due and damage and cleaning charges within 30 days, or they forfeit the right to withhold for damage or cleaning (MCA §§ 70-25-202, 70-25-203). (MCA § 70-25-202(1)(a), MCA § 70-25-203)

Interest on deposits

Montana law does not require landlords to pay interest on security deposits (MCA Title 70, ch. 25 is silent). (MCA Title 70, ch. 25 (silent))

Penalty for wrongful withholding

A landlord who wrongfully withholds a deposit owes the tenant the amount wrongfully withheld plus possible attorney fees, and a landlord who skips the written list forfeits all damage and cleaning deductions (MCA §§ 70-25-203, 70-25-204). (MCA § 70-25-204(1), MCA § 70-25-203)

Late-fee limit

Montana has no statute capping residential late fees, but a court may refuse to enforce an unconscionable lease term (MCA § 70-24-404). (MCA Title 70, ch. 24 (no late-fee limit), MCA § 70-24-404)

Grace period

Montana law does not require a grace period before a late fee may be charged, so any grace period comes from the lease (MCA Title 70, ch. 24 is silent). (MCA Title 70, ch. 24 (silent))

Montana landlords must give at least 24 hours' notice before entering and may come only at reasonable times, except in an emergency or when notice is impracticable (MCA § 70-24-312(3)). (MCA § 70-24-312)

Either party may end a Montana month-to-month tenancy by written notice given at any time at least 30 days before the termination date it names (MCA § 70-24-441(2)-(3)). (MCA § 70-24-441)

Montana has no rent-increase notice statute, so a fixed-term lease controls and a month-to-month increase is in practice made on at least 30 days' written notice, the period needed to end the tenancy (MCA §§ 70-24-201, 70-24-441). (MCA § 70-24-201, MCA § 70-24-441)

Montana has no rent control law; the Residential Landlord and Tenant Act of 1977 (Title 70, ch. 24, MCA) governs lease terms and notices but does not limit rent amounts. (Title 70, ch. 24, MCA (parts index))

At or before the start of the tenancy, give the tenant in writing the manager's and owner's (or agent's) names and addresses, give a signed condition statement if you take a deposit, and give the federal lead-paint disclosure for pre-1978 housing (MCA 70-24-301, 70-25-206). (MCA 70-24-301, MCA 70-25-206)

• Name and address of the manager and of the owner or the owner's agent for service of process and notices (In writing at or before the start of the tenancy, kept current) — MCA 70-24-301
• Separate signed written statement of the present condition of the premises (or that they were never rented before); on written request, the prior tenant's damage and cleaning charges (With the lease, when a security deposit is required) — MCA 70-25-206
• Lead-based paint disclosure and EPA pamphlet (Housing built before 1978) — 42 U.S.C. § 4852d; 40 CFR Part 745 Subpart F

Unpaid rent

For unpaid rent, give written notice of nonpayment and that the agreement will end unless rent is paid within 3 days after the notice; if it isn't, you may terminate (MCA 70-24-422(2)). (MCA 70-24-422(2))

Lease violations

For most lease violations, give written notice of the breach and a move-out date at least 14 days after receipt; the agreement does not end if the tenant fixes a remediable breach before then, while unauthorized pets or occupants, verbal abuse and damage to the premises need only 3 days and a repeat within 6 months 5 days (MCA 70-24-422(1), (3)-(4)). (MCA 70-24-422)