Landlord Rules in Montana: Renting Out Property (2026)

Reviewed by DocDraft Legal Team · Montana · Last updated 2026-05-18

Owning rental property in Montana is governed end-to-end by Montana law. The state sets a deposit refund clock (30 days), an entry-notice minimum (24 hours), and a month-to-month termination notice (30 days) that all sit on top of federal fair-housing rules. This guide walks the Montana-specific obligations in order.

Key Considerations

Two compliance levers shape the front end of any Montana tenancy. Registration or rental-license requirements come first. No state-level statute. Governed by common law / municipal ordinance / case law as applicable. Security-deposit caps and refund timing come second. No state-level statute. Governed by common law / municipal ordinance / case law as applicable. On returns, 30 days

Montana requires a specific pre-suit notice and then a court action to remove a tenant. If rent is unpaid when due and the tenant fails to pay rent within 3 days after written notice by the landlord of nonpayment and the landlord's intention to terminate the rental agreement if the rent is not paid within that period, the landlord may terminate the rental agreement. Fair-housing exposure is a separate, parallel risk. Complaints are filed with

Two notice obligations bind a Montana landlord during the tenancy itself. Non-emergency entry is gated by a minimum notice. 24 hours Month-to-month termination is gated by a separate, longer notice. 30 days

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Residential Lease Agreement Rental Application Form Move-In/Move-Out Inspection Checklist

Relevant Documents

The Montana landlord toolkit centers on a state-specific lease (with statutory disclosures), a compliant entry-notice template, a deposit-itemization form keyed to the state's return deadline, and the pre-suit eviction notice format the state requires before filing.

Landlord's Rules and Regulations

A supplementary document to the lease that outlines specific rules for the property, such as quiet hours, guest policies, and maintenance responsibilities.

Move-In/Move-Out Inspection Checklist

A document that records the condition of the rental property before the tenant moves in and after they move out, which helps determine if any damage occurred during the tenancy.

Notice of Entry Form

A document used by landlords to notify tenants of their intent to enter the rental property, typically required by state law with specific advance notice periods.

Rental Application Form

A form used to collect information about potential tenants, including employment history, income, references, and authorization for background and credit checks.

Residential Lease Agreement

A legally binding contract between a landlord and tenant that outlines the terms and conditions of the rental arrangement, including rent amount, security deposit, lease duration, and other important provisions.

Security Deposit Receipt

A document acknowledging the landlord's receipt of the security deposit, including the amount, date received, and where the deposit will be held.

Relevant Laws

Montana Residential Landlord and Tenant Act

This is the primary law governing landlord-tenant relationships in Montana. It outlines the rights and responsibilities of both landlords and tenants, including requirements for security deposits, lease agreements, maintenance responsibilities, and eviction procedures.

Montana Security Deposit Law

Montana law limits security deposits to the equivalent of one month's rent for leases under one year. Landlords must return deposits within 30 days after the tenant vacates the property, with an itemized list of any deductions. Failure to comply can result in the landlord forfeiting the right to withhold any portion of the deposit.

Montana Fair Housing Act

This law prohibits discrimination in housing based on race, color, national origin, religion, sex, familial status, or disability. Landlords must ensure their rental practices comply with these anti-discrimination provisions when advertising, screening tenants, and throughout the tenancy.

Montana Landlord's Disclosure Requirements

Montana law requires landlords to disclose certain information to tenants, including the identity of anyone authorized to manage the property, known hazards like lead-based paint (for properties built before 1978), and the presence of mold or other environmental hazards.

Montana Landlord Entry Laws

Landlords must provide at least 24 hours' notice before entering a rental property except in emergencies. This law balances the landlord's right to access their property with the tenant's right to privacy and quiet enjoyment.

Montana Eviction Laws

Montana has specific procedures landlords must follow for evictions. For non-payment of rent, landlords must provide a 3-day notice before filing for eviction. For lease violations, a 14-day notice is required. Self-help evictions (changing locks, removing belongings, etc.) are illegal.

Montana Rental Property Habitability Requirements

Landlords must maintain rental properties in a habitable condition, including functioning plumbing, heating, electrical systems, and weatherproofing. Tenants have remedies if landlords fail to make necessary repairs, including the right to withhold rent in certain circumstances.

Regional Variances

Western Montana

Missoula has additional tenant protections including a requirement that landlords provide 24-hour written notice before entering a rental property (compared to the state minimum of 'reasonable notice'). The city also has specific regulations regarding security deposit handling, requiring deposits to be returned within 10 days of lease termination rather than the state standard of 30 days.

Bozeman has implemented stricter rental inspection requirements due to its growing housing market. Landlords must register rental properties with the city and may be subject to periodic inspections. Additionally, Bozeman has enacted some rent stabilization measures for affordable housing units that limit annual rent increases.

Eastern Montana

Billings follows state landlord-tenant laws closely but has additional local ordinances regarding rental property maintenance standards. The city has specific requirements for smoke detectors, carbon monoxide detectors, and heating systems that may exceed state minimums.

University Towns

Areas near Montana State University have specific regulations addressing student housing. These include stricter occupancy limits (no more than 4 unrelated individuals per dwelling) and noise ordinances with enhanced enforcement during academic terms.

Areas surrounding the University of Montana have special zoning regulations that affect rental properties. Landlords renting in these areas may need to obtain additional permits and comply with occupancy restrictions designed to prevent overcrowding in student neighborhoods.

Tribal Lands

Rental properties on the Blackfeet Reservation are subject to tribal housing authority regulations in addition to or instead of state laws. Landlords may need to obtain permits from the tribal housing authority and follow specific leasing procedures.

The Confederated Salish and Kootenai Tribes have their own housing authority with distinct regulations for rental properties on reservation land. Non-tribal members seeking to rent property on tribal lands may face additional requirements and should consult with the tribal housing authority.

Suggested Compliance Checklist

Check rental-registration and licensing obligations

Before listing days after starting

No state-level statute. Governed by common law / municipal ordinance / case law as applicable.

Cap the security deposit at the statutory limit and document how it is held

Before signing days after starting

No state-level statute. Governed by common law / municipal ordinance / case law as applicable.

Issue the required disclosures and keep a signed acknowledgment

At lease signing days after starting

70-24-301

Route any eviction through the required pre-suit notice and court filing

Ongoing days after starting

If rent is unpaid when due and the tenant fails to pay rent within 3 days after written notice by the landlord of nonpayment and the landlord's intention to terminate the rental agreement if the rent is not paid within that period, the landlord may terminate the rental agreement.

Issue the itemized deposit accounting on or before the deadline

As needed days after starting

30 days

Give the legally required notice before ending a month-to-month

At move-out days after starting