Montana Rent Increase Notice
In Montana there is no statute setting a day-count only for a rent increase. A landlord raises rent on a month-to-month tenancy by ending it with at least 30 days written notice and re-opening the tenancy at the lifted rent. Montana has no statewide rent cap and local rent control is barred. Attorney review available.
Introduction
Montana closed the door on local rent control in 2023, and it never had a statewide cap, so a Montana rent increase turns almost entirely on notice. The state sets no separate rent-increase clock; a landlord raises the rent on a month-to-month tenant by ending the current tenancy and re-opening it at the lifted rent. A rent increase notice is the written notice a Montana landlord gives for that step, stating the new monthly rent and its start date. Ending a month-to-month tenancy takes at least 30 days written notice before the termination date set in the notice (Mont. Code Ann. 70-24-441); the tenancy then ends on that designated date without regard to the end of the paid-for period, and rent is apportioned day to day up to it. Because Senate Bill 105 added Mont. Code Ann. 7-1-111 in 2023, a local government unit may not exercise any power to control the amount of rent for private residential property, so no Montana city ordinance limits the figure. The landlord may set the new amount once the tenancy is properly ended and the raise is not retaliatory or discriminatory. Rent under a fixed-term lease cannot move mid-term unless the lease allows it. DocDraft prepares your Montana rent increase notice from your entries, with attorney review available before you serve it.
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Key Things to Know
- 1
A rent increase notice is the written notice a Montana landlord gives a tenant to raise the rent on a home, stating the new monthly rent and the day the higher rent begins.
- 2
Montana runs no rent-increase-only clock; the landlord reaches a higher rent by winding up the month-to-month tenancy and re-opening it at the lifted rent.
- 3
Ending a month-to-month tenancy takes at least 30 days written notice before the termination date set in the notice (Mont. Code Ann. 70-24-441), so the tenant has at least that long before the new rent applies.
- 4
The tenancy ends on that designated date without regard to the close of the paid-for period, and unless the parties agree otherwise rent is apportioned day to day up to it (Mont. Code Ann. 70-24-441).
- 5
Montana has no statewide cap and no statewide percentage limit, so the landlord chooses the new figure once the tenancy is properly ended.
- 6
Senate Bill 105 added Mont. Code Ann. 7-1-111 in 2023, barring a local government unit from any power to control the amount of rent for private residential property.
- 7
Rent under a fixed-term lease cannot move mid-term unless the lease allows it; a raise reaches a month-to-month tenant only after the current tenancy is properly wound up.
Key decisions before you file
Before you file a Rent Increase Notice in Montana, a few decisions shape the document: which option to choose and what each one means. The Rent Increase Notice guide walks through them.
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Montana Requirements for Rent Increase Notice
30-Day Notice on a Month-to-Month
Montana has no statute setting a day-count only for a rent increase. A landlord raises rent by winding up the month-to-month tenancy with at least 30 days written notice before the termination date designated in the notice (Mont. Code Ann. 70-24-441), and re-opening the tenancy at the lifted rent. The tenant gets at least that notice before the new rent applies.
Tenancy Ends on the Designated Date
The tenancy ends on the date designated in the notice, without regard to the end of the period for which rent is paid, and unless otherwise agreed rent is apportioned day to day up to that date (Mont. Code Ann. 70-24-441). The new tenancy and the new rent begin on that date.
No Statewide Rent Cap
Montana has no statewide rent cap and no statewide percentage limit. A landlord may set the new amount, as long as the tenancy is properly ended and the increase is not for a retaliatory or discriminatory reason.
Local Rent Control Is Preempted
Local rent control is preempted: a local government unit is prohibited from exercising any power to control the amount of rent charged for private residential or commercial property (Mont. Code Ann. 7-1-111, added by Senate Bill 105 in 2023). Cities such as Billings, Missoula, and Bozeman cannot cap private rent increases, so the statewide notice rule governs.
No Mid-Lease Increase on a Fixed Term
Rent on a fixed-term lease cannot be raised during the term unless the lease specifically allows it, because the rent is a fixed term of the contract. A rent increase reaches a month-to-month tenant only after the existing tenancy is ended by at least 30 days written notice, or it takes effect when a fixed-term lease renews.
Delivery of the Notice
The landlord should serve the notice winding up the month-to-month tenancy and the notice of the new rent in writing, in a way that reliably reaches the tenant, such as personal delivery or mail, at least 30 days before the termination date designated in the notice (Mont. Code Ann. 70-24-441). Keeping proof of how and when the notice was served helps if the increase is later disputed.
What the Notice Must State
The notice should identify the landlord and tenant, give the rental address, state the current monthly rent and the new monthly rent, and state the effective date, give at least the 30 days Mont. Code Ann. 70-24-441 requires, and offer a new tenancy at the higher rent. It should also state how rent is to be paid.
Short Notice Is Not Yet Effective
A rent increase served without properly winding up the month-to-month tenancy, or with less than the 30 days Mont. Code Ann. 70-24-441 requires, does not take effect on the stated date. A tenant may continue paying the prior rent until a valid notice ending the tenancy and offer of a new tenancy have run. An increase for a retaliatory or discriminatory reason cannot be enforced.