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Montana landlord-tenant law.

Updated August 2026. No state or local rent control in Montana; the Residential Landlord and Tenant Act does not authorize municipalities to cap rent.

Deposit limit

No statutory maximum; the landlord may set any deposit amount (MCA 70-25-201).

Deposit return

10 days after move out if there is no rent owed, damage, or cleaning needed; 30 days if the landlord is making deductions, with a written itemized list of the deductions (MCA 70-25-202).

Notice to pay

3 days to pay after written notice of nonpayment and the landlord's intent to terminate, before the landlord may end the tenancy (MCA 70-24-422(2)).

Landlord entry

At least 24 hours' notice of intent to enter, except in an emergency, and entry only at reasonable times (MCA 70-24-312(3)(a)).

Security deposits

Deposit limit. No statutory maximum; the landlord may set any deposit amount (MCA 70-25-201).

Getting it back. 10 days after move out if there is no rent owed, damage, or cleaning needed; 30 days if the landlord is making deductions, with a written itemized list of the deductions (MCA 70-25-202).

Late fees and rent

No statutory cap on rent late fees; only bounced check fees are capped, at $30 (MCA 27-1-717(2)).

Ending a tenancy

Nonpayment of rent. 3 days to pay after written notice of nonpayment and the landlord's intent to terminate, before the landlord may end the tenancy (MCA 70-24-422(2)).

Month-to-month termination. 30 days' written notice by either party, given at any time during the tenancy (MCA 70-24-441(2)).

Landlord entry

At least 24 hours' notice of intent to enter, except in an emergency, and entry only at reasonable times (MCA 70-24-312(3)(a)).

Required disclosures

  • Federal lead based paint disclosure and EPA pamphlet for units built before 1978 (42 U.S.C. 4852d, 24 CFR Part 35)
  • Name and address of the person authorized to manage the premises and of the owner or the owner's agent for service of process, disclosed in writing at or before the start of the tenancy (MCA 70-24-301)
  • Known history of methamphetamine production on the property (MCA 75-10-1305, per secondary sources; not independently confirmed against the primary statute text)

Lease clauses that do not hold up

  • Lease clauses that waive or shift a landlord's statutory duties under the Residential Landlord and Tenant Act onto the tenant, or that waive a tenant's rights under the Act, are generally unenforceable (MCA Title 70, chapter 24); the exact 'prohibited provisions' subsection number could not be pinned down with the sources available in this pass, so treat this as an Act wide principle rather than one statute citation
  • Confession of judgment and landlord liability waiver clauses are disfavored as against public policy under Montana contract law

Notes for landlords

Montana has no cap on deposit size, unusual among nearby states, but pairs it with a fast 10 day return window when there are no deductions. The 3 day pay or quit period is shorter than most states, so automated notices should default to that timeline unless the lease specifies longer.

Sources

This guide is general legal information for landlords, not legal advice. Statutes change and local ordinances can add stricter rules on top of state law. Confirm any requirement with the current statute or a licensed attorney in your state before acting on it.

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