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Contents
This article provides general information and is not legal advice. For accuracy and specific guidance on landlord-tenant laws, consult an attorney before making any decisions or taking action.
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Both landlords and tenants in Montana have specific rights and responsibilities under the Residential Landlord and Tenant Act of 1977 (Mont. Code Ann. Title 70, Chapter 24). This law aims to clarify and modernize the rental of dwelling units, as well as encourage landlords and tenants to maintain and improve housing quality.
Below is an overview highlighting the key aspects of landlord-tenant rights and responsibilities in Montana.
Sources: The Residential Landlord and Tenant Act of 1977.
In Montana, landlords are permitted to enter rental units for specific reasons, including maintenance, inspections, and property showings.
According to Montana law, landlords must provide tenants with at least 24 hours’ notice before entering the property, unless there is an emergency situation that necessitates immediate access. This notice can be delivered verbally or in writing, ensuring that tenants are informed of the landlord's intentions to enter their unit. (Mont. Ann. Code §70-24-312)
Landlords are allowed to impose late fees for rent in Montana. Any late fee that is imposed must be reasonable and clearly stated in the lease agreement.
In Montana late fee of $20 or 20% of the monthly rent, whichever amount is greater is deemed ‘reasonable’. As well as this, any expense incurred as a result of the late rent or rent collection process can be charged to the tenant in addition to the late fee.
There is no mandatory grace period for paying rent in Montana.
In 2023 Montana legislators signed the House Bill 483 which effectively bans rent control in the state of Montana. This legislation prevents the cities, counties, and other local governments in Montana from creating or enacting rent control ordinances or laws that would limit how much landlords can raise the rent in any given year.
That being said, there are still laws regarding when and how much notice a landlord needs to give when raising the rent.
In Montana, the general practice is that landlords must provide 30 days' notice for rent increases in a month-to-month tenancy, though this is not codified in a specific statute for rent increases. Instead, this practice is derived from the notice required to modify the terms of a rental agreement, much like the notice required for termination.
Mont. Ann. Code. § 70-24-201 allows landlords and tenants to set rental terms within their agreement, meaning the notice period for rent increases could be stipulated directly in the lease. If the lease does not specify, a 30-day notice is typically required.
For tenants on a week-to-week basis, a minimum of 7 days' notice is generally required.
These notice requirements ensure that tenants have time to prepare for the financial impact of a rent hike or to seek alternative housing if necessary.
While landlords have the right to increase rent at any time and by any amount, certain restrictions apply:
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Montana's rental application laws are designed to protect both landlords and tenants, ensuring a fair and transparent rental process. Understanding these regulations is crucial for both parties to avoid legal complications.
Montana's tenant screening laws differ significantly from those of neighboring states. It's crucial for landlords to understand the specifics to ensure compliance and protect their real estate business.
Here are a few key points about Montana’s tenant screening laws:
Failing to follow Montana’s regulations can result in wasted time, lost income, and added stress for landlords.
There is no cap on how much landlords can charge as a rental application fee in Montana.
However, it is advisable to set the fee at a level that covers the costs associated with processing the application, such as background checks.
Any application fee that is collected is non-refundable, which means tenants should be aware that they will not receive this fee back, regardless of whether their application is successful or not.
While Montana does not have specific laws limiting housing discrimination, it adheres to the federal Fair Housing Act (FHA), which prohibits discrimination based on race, color, national origin, religion, sex, familial status, disability, and, in some cases, criminal history.
Landlords must ensure that their screening practices comply with these laws, treating all applicants equally and avoiding discriminatory practices.
Landlords must inform tenants about the specific criteria used for screening applications, including the reasons for potential approval or denial. To document this communication, landlords should obtain a signature from the tenant acknowledging their understanding of these criteria.
Under the Federal Credit Reporting Act (FCRA), landlords in Montana must obtain written consent from applicants before conducting credit checks. This consent should be clearly stated on the rental application form to ensure compliance with the law.
A well-structured rental application in Montana should include the following elements:
Landlords are also required to provide essential disclosures to tenants, which may include:
Source: Free Montana Rental Application Form | LawDistrict
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Montana's security deposit laws aim to create a fair and transparent rental environment for both landlords and tenants. These laws, outlined in the Montana Code Annotated (MCA) Title 70, Chapter 25, establish guidelines for collecting, holding, and returning security deposits.
Unlike many other states that cap security deposits at one month's rent, Montana law does not limit the amount a landlord can collect as a security deposit. However, it's important to note that the deposit amount must be clearly stated in the rental agreement.
Landlords in Montana can require a pet deposit, and they are typically treated as part of the security deposit. There is no specific statute setting limits for pet deposits, so they would fall under the general security deposit rules.
Landlords cannot, however, charge a deposit or fee for service dogs and emotional support animals, which are protected under the Fair Housing Act.
Landlords can only make deductions from the security deposit for specific reasons, such as:
Importantly, landlords cannot deduct cleaning charges from the security deposit unless written notice is given to the tenant. This notice must outline what cleaning was not done by the tenant and provide a 24-hour window for the tenant to complete the required cleaning. This is specified in MCA § 70-25-201(3). If a tenant vacates without notice, this requirement is waived.
If a landlord wrongfully withholds any part of the security deposit, they may be liable for damages equal to the amount wrongfully withheld. Tenants can pursue legal action, and MCA § 70-25-204 allows for the possibility of recovering attorney's fees if they prevail in court. The burden of proof is on the landlord to justify any deductions.
Yes, landlords must provide an itemized list of damages and cleaning charges within 30 days of the tenant vacating the property. This list must be sent to the tenant along with the remaining balance of the security deposit. (MCA § 70-25-202(1))
If a landlord fails to provide the tenant with a written list of damages or cleaning charges within the specified timeframe (30 days), they forfeit the right to deduct from the security deposit. This is established in MCA § 70-25-203. The landlord must also return the entire deposit if they miss this deadline.
Montana law does not require landlords to hold security deposits in a separate account. Landlords can combine security deposits with other funds.
Landlords have 30 days to return the security deposit or provide an itemized statement of deductions after the tenant vacates the premises, as per (MCA § 70-25-202(1)). If no damages or unpaid rent are found, the landlord must return the security deposit within 10 days. (MCA § 70-25-202(1)(b))
Tenants are required to provide the landlord with a new address upon vacating the premises. Failure to do so does not bar the tenant from recovering the security deposit, but it may delay the landlord's ability to return the funds. (MCA § 70-25-205)
Montana landlords are not required to pay interest on held security deposits.
At the beginning of the tenancy, Landlords must furnish a written statement detailing the condition of the property. (MCA § 70-25-206) If the landlord fails to provide this statement, they may be barred from claiming deductions for damages unless they can prove the damage was caused by the tenanancy the landlord or tenant can request an inspection of the rental property within one week prior to the termination
At the end of the tenancy. This gives both parties the opportunity to assess any potential damages and discuss cleaning responsibilities, helping prevent disputes over the security deposit. (MCA § 70-25-201(2))
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A rental agreement, or lease, in Montana is a legally binding document between a landlord and a tenant, outlining the terms for renting a property. Montana law mandates that all leases be in writing to ensure clarity and enforceability.
Yes, oral lease agreements are allowed in Montana, but they come with limitations. Oral rental agreements are legally valid for lease terms less than one year. Any lease agreement for a term of one year or more must be in writing to be enforceable under the Statute of Frauds. (MCA § 28-2-903),
While oral agreements are legal, it is strongly recommended that landlords and tenants enter into a written lease agreement to avoid any misunderstandings or legal issues that could arise from miscommunication. Written agreements provide clear documentation of both parties' responsibilities and rights.
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In Montana, both landlords and tenants must understand their rights and responsibilities regarding lease termination, as outlined in the Residential Landlord and Tenant Act of 1977. This act governs the legal framework for rental agreements, ensuring compliance with specified notice requirements and valid grounds for lease termination.
To terminate a rental agreement, either party must provide adequate written notice.
Tenants with fixed-term leases cannot terminate early unless the landlord agrees or specific exceptions apply, such as military service or domestic violence situations.
Landlords must adhere to longer notice periods, for tenants aged 62 or older or those with disabilities.
Tenants may terminate their lease without penalty under certain conditions:
Montana's eviction process is governed by the Montana Residential Landlord and Tenant Act, which outlines the rights and responsibilities of both landlords and tenants. This law ensures that evictions are conducted legally and fairly, preventing landlords from forcibly removing tenants without a court order.
Landlords in Montana can evict tenants for specific reasons, including:
Landlords must provide written notice to tenants before initiating an eviction. The type of notice and duration varies based on the grounds for eviction:
The eviction process typically follows these steps:
Homeowners associations (HOAs) in Montana operate under a framework of laws that govern their formation, management, and activities. Understanding these regulations is crucial for both landlords and tenants to ensure compliance and protect their rights.
Below are some of the laws and regulations that a homeowners association must comply with.
Most HOAs in Montana are organized as nonprofit corporations, governed by the Montana Nonprofit Corporation Act (Mont. Code Ann. § 35-2-113 et seq.). This act outlines the structure, governance, and operational procedures for these associations.
To verify an HOA's corporate status, you can contact the Montana Secretary of State.
This act (Mont. Code Ann. § 70-23-101 et seq.) regulates condominium associations that choose to adhere to it by filing a declaration with the local county recorder. It establishes guidelines for the creation, governance, and authority of these associations.
The Montana Property Code (Mont. Code Ann. § 70-17-101 et seq.) addresses property rights, including easements and servitudes. It also includes regulations on homeowners' association restrictions, such as solar energy rights and the management of common areas.
Similar to the federal Fair Housing Act, this act (Mont. Code Ann. § 49-2-101 et seq.) prohibits discrimination in housing based on various factors, including race, gender, and disability. It ensures equal housing opportunities for all residents in Montana.
In 2019, Senate Bill 300 was enacted, limiting HOAs from imposing more stringent restrictions than those in place at the time of property purchase. Homeowners can request exemptions from new regulations, which must be recorded with the county clerk.
HOAs are tasked with maintaining community standards and property values, collecting dues for maintenance, and enforcing community rules. They must also keep accurate records and hold annual meetings to discuss proposed changes and elect board members. Homeowners have the right to vote on significant issues and propose amendments to governing documents, which require a two-thirds majority for approval.
In Montana, the legal doctrine of adverse possession allows individuals to potentially gain ownership of a property they do not legally own, under certain conditions. This can have significant implications for both landlords and tenants.
Below is an overview of the key requirements and considerations around adverse possession in Montana.
To successfully claim adverse possession in Montana, the following criteria must be met:
Additionally, the individual must pay property taxes for the land they are occupying for at least 5 consecutive years.
Below, you’ll find some helpful Montana landlord–tenant law resources:
