Montana Tenant Law: Security Deposits, Late Fees & Landlord Entry (2026)

What Montana law says about the clauses that matter most in a residential lease. Data as of 2026-10-21.

Main statute: Montana Code Annotated, Title 70, chapter 24 (Residential Landlord and Tenant Act of 1977) and chapter 25 (Residential Tenants' Security Deposits) (MCA Title 70, chs. 24 and 25)

Security deposits

Max: No statutory cap found in chapter 70-25. Any deposit the lease requires counts as a security deposit, and a fee or charge for cleaning and damages, however labelled, is presumed to be one (§ 70-25-101(4)). Any lease term contrary to chapter 70-25, and any tenant waiver of it, is invalid (§ 70-25-103).
Return deadline days: 30 days
Itemization required: Yes
Interest required: No interest requirement in chapter 70-25.

Source: MCA §§ 70-25-101, 70-25-103, 70-25-201, 70-25-202, 70-25-203, 70-25-204

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Late fees

We haven't verified a statewide rule for this yet. Check your lease, your city's rules, or a local tenant organization.

Source: MCA chs. 70-24 and 70-25 (no late-fee cap or grace period found; § 70-25-201(1) lets a landlord deduct 'late charges' and 'penalties due under lease provisions' from the deposit, and § 70-24-201(4) bars an additional fee based on rent payment type except to recoup an electronic bank fee for electronic payment; other titles were not searched)

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Landlord entry

Notice: Except in an emergency or where it is impracticable, the landlord must give at least 24 hours' notice of intent to enter and may enter only at reasonable times; the landlord may not abuse the right of access or use it to harass the tenant. The tenant may not unreasonably withhold consent to entry for inspection, repairs, services or showings. The notice can be given as provided in § 70-24-108 or by conspicuously posting it on the main entry door. Emergency entry needs no consent. If the landlord enters unlawfully or unreasonably, or makes repeated harassing demands, the tenant may get an injunction or terminate the lease, and recover actual damages (§ 70-24-410).

Source: MCA §§ 70-24-312, 70-24-410

Ending a month-to-month tenancy

Tenant: At least 30 days' written notice before the termination date given in the notice (month-to-month); at least 7 days' written notice for week-to-week.
Landlord: Same: at least 30 days' written notice for month-to-month; 7 days for week-to-week. For nonpayment, the landlord may terminate if the tenant fails to pay within 3 days after written notice of nonpayment and intent to terminate (§ 70-24-422(2)). For other lease breaches the notice period is 14 days (3 days for an unauthorized pet, unauthorized occupants or verbal abuse of the landlord) (§ 70-24-422(1)). A landlord is not bound by § 70-24-422 if it elects to use the 30-day notice (§ 70-24-422(7)). A fixed-term lease that runs out with no agreed extension and no 30-day notice from either side continues month-to-month (§ 70-24-205).

Source: MCA §§ 70-24-441, 70-24-422, 70-24-205, 70-24-108

Rent increases

Statewide rent control: No rent-increase notice requirement and no rent control provision found in chapter 70-24 (other titles not searched). A landlord may adopt a new rule that substantially modifies the tenant's bargain only on 30 days' written notice for month-to-month tenancies (§ 70-24-311(3)). Increasing rent in retaliation for a protected complaint is barred (§ 70-24-431).

Source: MCA chs. 70-24 (no rent-increase provision found), § 70-24-311(3), § 70-24-431

Repairs & habitability

Rule: The landlord must comply with building and housing codes materially affecting health and safety in effect at original construction (units built after July 1, 1977), make repairs and do whatever is necessary to keep the premises fit and habitable, keep common areas clean and safe, maintain electrical, plumbing, sanitary, heating, ventilating, air-conditioning and other supplied facilities in good and safe working order, provide waste receptacles and removal, supply running water, reasonable hot water at all times and reasonable heat between October 1 and May 1, and install carbon monoxide and smoke detectors and verify they work at move-in (§ 70-24-303). The parties may agree in writing that the tenant does specified repairs only if done in good faith and not to evade the landlord's duties (§ 70-24-303(3)-(4)). Remedies if the landlord does not comply on a health or safety matter: written notice that the lease will end no sooner than 30 days after receipt if the breach is not fixed within 14 days (3 working days after notice in an emergency); or make repairs costing no more than 1 month's rent and deduct the cost from rent after notice and a reasonable time (repair-and-deduct) (§ 70-24-406). If the landlord purposefully or negligently fails to supply heat, water, electricity, gas or other essential services, the tenant may, after notice, buy the service and deduct its cost, recover diminished rental value, or get substitute housing and owe no rent for that period (§ 70-24-408). Deliberate lockout or interruption of essential services lets the tenant recover possession or terminate and recover up to 3 months' rent or treble damages, whichever is greater (§ 70-24-411).

Source: MCA §§ 70-24-303, 70-24-406, 70-24-408, 70-24-411

Retaliation

Rule: A landlord may not retaliate by increasing rent, decreasing services, or bringing or threatening an action for possession after the tenant (a) complained of a health-and-safety code violation to a government agency, (b) complained in writing to the landlord of a violation of § 70-24-303 (habitability), or (c) organized or joined a tenants' union. A complaint within 6 months before the alleged retaliation creates a rebuttable presumption of retaliation (not if the tenant complained after notice of a proposed rent increase or reduced services). The tenant gets the remedies of § 70-24-411 and a defense to a possession action. The landlord may still seek possession if the tenant caused the violation, is in default in rent, or compliance requires work that would deprive the tenant of the unit.

Source: MCA § 70-24-431

Clauses often unenforceable in Montana

Waiving or giving up rights or remedies under the Residential Landlord and Tenant Act (§ 70-24-202(1))
Authorizing anyone to confess judgment on a claim arising from the lease (§ 70-24-202(2))
Excusing a party from liability for its own purposeful misconduct or negligence, or making the other party indemnify it or pay its costs or attorney fees for that liability (§ 70-24-202(3))
Requiring the tenant to provide an e-mail address as a condition of renting (§ 70-24-202(4))
Any lease term contrary to the security deposit chapter, or a tenant waiver of it (§ 70-25-103)
Early-termination or liquidated-damages amount above 1 month's rent: a lease may set an agreed amount for terminating without cause, but it may not exceed 1 month's rent (§ 70-24-201(2)(f))
Extra fee for paying rent a particular way, beyond recouping an electronic bank fee for electronic payment (§ 70-24-201(4))

Notes

Deposit: no cap found in chapter 70-25. Return rule, quoted from § 70-25-202(1)(a)(i): "Each landlord, within 30 days subsequent to the termination of a tenancy or within 30 days subsequent to a surrender and acceptance of the leasehold premises, whichever occurs first, shall provide the departing tenant with a written list of any rent due and any damage and cleaning charges, brought after the provisions of 70-25-201 have been followed, with regard to the leasehold premises that the landlord alleges are the responsibility of the tenant. Delivery of the list must be accompanied by payment of the difference, if any, between the security deposit and the permitted charges set forth in 70-25-201." The 30 days is the outer limit; the faster 10-day track applies when after inspection there are no damages, no cleaning required and no unpaid rent and the tenant can demonstrate that no utilities are unpaid: "the landlord shall return the security deposit within 10 days" (§ 70-25-202(1)(b)(i)). Refund may be made by electronic transfer, cash, check or other forms, or by mailing it to the tenant's new address or, if none was given, the last-known address; the list is delivered by notice under § 70-24-108 (§ 70-25-202(1)(a)(ii)). The section does not apply if the lease ended through an eviction under § 70-24-427 and the landlord has a pending court claim (§ 70-25-202(2)). Deductions are limited to damage, unpaid rent, late charges, utilities, penalties due under lease provisions, other money owed, and actual cleaning expenses; cleaning charges need prior written notice and the tenant gets 24 hours to clean, and normal cyclical maintenance cannot be charged (§ 70-25-201). Either party may request an inspection within 1 week before the tenancy ends. A landlord who fails to give the list forfeits the right to withhold for damage or cleaning (§ 70-25-203). A wrongful withholder is liable for the amount wrongfully withheld, the landlord bears the burden of proving damage, and the court may award attorney fees to the prevailing party; the tenant cannot sue before receiving a written denial or before 30 days after termination (10 days after the landlord states nothing is owed) (§ 70-25-204). RECENT CHANGES: HB 444 (2025, Ch. 656) amended §§ 70-25-201 and 70-25-202 (e-mail notice, how refunds may be delivered) and HB 810 (2025, Ch. 768) amended § 70-24-201 (acceptable payment forms, no extra fee by rent payment type); both took effect on passage and approval. Other rules: early termination of a fixed term without cause entitles the other party to monetary damages up to 1 month's rent or an agreed amount not exceeding 1 month's rent, subject to the landlord's duty to mitigate (§§ 70-24-201(2)(f), 70-24-426(3)); a landlord must disclose in writing the name and address of the manager and of the owner or agent for service (§ 70-24-301); abandoned property may be disposed of only after notice and storage rules (§ 70-24-430). Note: § 70-24-303 is published in a temporary form that ends January 1, 2031 and is replaced by an otherwise identical version without the cross-reference 'Subject to 27-1-1603' effective January 2, 2031. Not found (left blank): late-fee cap, rent-increase notice requirement, deposit cap, statewide rent control.

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