Montana landlord-tenant law at a glance
Montana gives landlords and tenants fixed, short deadlines and leaves deposit amounts to the lease. The table lists the rules apartment owners ask about most, with the Montana Code section for each.
| Topic | Montana rule | Where it comes from |
|---|---|---|
| Ending a month-to-month tenancy | At least 30 days’ written notice by either side | MCA 70-24-441 |
| Ending a week-to-week tenancy | At least 7 days’ written notice | MCA 70-24-441 |
| Nonpayment of rent | 3 days after written notice of nonpayment | MCA 70-24-422 |
| Other lease violations | 14 days’ notice; 3 days for unauthorized pets or occupants, damage or risk of injury; 5 days for a repeat within 6 months | MCA 70-24-422 |
| Security deposit cap | None in the deposit statute | MCA 70-25-201 |
| Deposit return, no deductions | Within 10 days | MCA 70-25-202 |
| Deposit return, with deductions | Written list and any refund within 30 days | MCA 70-25-202 |
| Landlord entry | At least 24 hours’ notice, at reasonable times, except emergencies | MCA 70-24-312 |
| Rent control | Barred for self-governing local governments | MCA 7-1-111(26) |
How much notice does a landlord have to give in Montana?
A Montana landlord must give at least 30 days’ written notice to end a month-to-month tenancy, and either side can give that notice at any time during the month. Section 70-24-441 says the tenancy ends on the date named in the notice, regardless of when the rent period ends, and rent is split day by day unless the parties agreed otherwise.
For problems during a tenancy, the notice depends on the reason. Unpaid rent allows termination if the tenant does not pay within 3 days after written notice. Most other lease violations get 14 days. Shorter 3-day notices apply to unauthorized pets or occupants, verbal abuse of the landlord, unauthorized damage or alterations, and conduct that creates a reasonable risk of damage or injury. A tenant who repeats a violation within six months can be given 5 days’ written notice.
Count the days carefully and keep proof of delivery. Every later step in the court schedule depends on a correct notice, so check the count, the ground and the delivery method before you file anything with the court.
Security deposit rules in Montana
Montana does not cap security deposits, but it has two return deadlines. If there is no damage, no cleaning needed and no unpaid rent or utilities, the deposit must be returned within 10 days. If you deduct anything, you have 30 days after the tenancy ends, or after the tenant surrenders the unit, whichever comes first, to deliver a written list of charges with any refund.
You can deduct only for the items section 70-25-201 allows, such as damage and unpaid amounts. Cleaning charges cannot cover cyclical maintenance you would do anyway, and before charging for cleaning you must give the tenant 24 hours to do it. Either party can ask for an inspection in the week before the tenancy ends.
A landlord who wrongfully withholds a deposit owes the tenant the amount wrongfully kept, and the court can award attorney fees to the winning side under section 70-25-204. Section 70-25-206 also requires the landlord to give a statement of the unit’s condition at the start of the lease, which is the best evidence you will have in a dispute.
Can a Montana landlord enter without notice?
Only in an emergency, or where giving notice is impracticable. Otherwise section 70-24-312 requires at least 24 hours’ notice of the intent to enter, and entry only at reasonable times. Posting the notice conspicuously on the main entry door of the unit counts as notice.
The landlord has no other right of entry except by court order, under the abandonment rules, or when the tenant has surrendered the unit. Build the 24-hour notice into your schedule for buyer tours, appraiser visits and lender inspections during a sale.
The Montana eviction process and timeline
Montana calls an eviction an action for possession, and section 70-24-427 keeps the schedule tight once a case is filed. The court must hold the hearing within 10 business days after the tenant appears or the answer date in the summons, and within 5 business days when the termination is for conduct that risks damage to the premises or injury to others under section 70-24-321(3). The court then rules within 5 days after the hearing.
If the landlord wins, the sheriff carries out the writ of assistance within 5 business days of receiving it. A claim for damages beyond possession and rent must be heard within 45 days after possession and rent are decided, and an appeal to district court must be heard within 10 business days after the case reaches that court.
- Step 1: serve the correct written notice, for example a 3-day notice for unpaid rent.
- Step 2: if the tenant neither pays nor leaves, file an action for possession.
- Step 3: hearing within 10 business days of the appearance or answer date.
- Step 4: ruling within 5 days of the hearing.
- Step 5: the sheriff executes the writ of assistance within 5 business days.
Does Montana have rent control?
No. Section 7-1-111(26) of the Montana Code bars local governments with self-government powers from exercising any power to control the amount of rent charged for private residential or commercial property. Property in which the local government holds an interest, directly or through a housing authority, is excluded from that limit.
Montana has no statewide rent cap either, so rent on market-rate apartments is set by the lease. For a month-to-month tenant, a landlord who wants a new rent can end the tenancy on 30 days’ written notice and offer new terms, subject to the terms of the lease.
Montana landlord-tenant changes in 2025 and 2026
The biggest 2025 change for rental owners came from the tax side. Senate Bill 542 and House Bill 231 created a long-term rental property tax rate from tax year 2026: rental multifamily units leased for 28 days or more at a time for at least seven months a year are taxed at a 1.1% class rate instead of 1.9%, if the owner enrolls them with the Department of Revenue.
That ties lease terms to taxes in a new way. Short-term or vacation use of a unit can cost the lower rate, and the owner must report the prior year’s rent and expenses to qualify. The window for tax year 2027 closes March 1, 2027.
The Legislature also amended both main security deposit sections, 70-25-201 and 70-25-202, in 2025 (Chapter 656, Laws of 2025), and section 7-1-111 in 2025 (Chapter 537). Check the current text of those sections with your attorney before you update deposit forms or move-out letters.
What happens to leases and deposits when you sell in Montana
Leases stay in place when you sell, so the buyer takes the building subject to the tenants’ rental agreements. Section 70-24-304 releases a seller who conveys in good faith to a bona fide purchaser from the rental agreements and the Act, but only for events after the tenants receive written notice of the sale.
The deposits do not leave with the building automatically. Under the same section, the seller stays liable to tenants for all security deposits and all prepaid rent unless the parties agree otherwise. In practice, a Montana purchase agreement should credit the buyer for deposits and prepaid rent at closing, and the buyer should agree in writing to take over the return obligation.
The amounts add up quickly. A 24-unit building holding a $1,200 deposit on every unit carries $28,800 of tenant money, and a tenant who moves out the month after closing will look to the original landlord if the new owner does not refund on time. A written assumption by the buyer, plus the notice to tenants, is how a Montana seller limits that exposure.
- Send every tenant written notice of the sale and the new owner’s name and address right after closing.
- Hand over the deposit ledger, the move-in condition statements and copies of every lease.
- Credit deposits and prepaid rent to the buyer on the settlement statement.
- Tell the buyer which units are enrolled at the long-term rental tax rate so they can re-enroll on time.
Practical steps for Montana apartment owners
Most disputes in Montana turn on dates and paperwork, and the statutes give short windows.
- Use written notices for every termination and keep proof of delivery.
- Calendar the 10-day and 30-day deposit deadlines the day each tenant moves out.
- Complete a move-in condition statement for every unit.
- Give at least 24 hours’ notice before any non-emergency entry.
- Keep leases at 28 days or longer if you want the 1.1% tax rate.
Selling a Montana apartment building with tenants in place
Skyline buys apartment buildings with five or more units in Montana, with tenants in place and leases as they stand. We buy directly, close on your timeline, and can work inside 1031 deadlines. We take over the leases and deposits at closing and handle tenant notices with you.
For the tax side of a sale, see Montana capital gains tax on real estate and the 1031 exchange in Montana. For the carrying cost a buyer will underwrite, see the property tax rate in Montana.
