Montana Landlord-Tenant Laws

• 10 days if no deductions
• 30 days if making deductions
• Yes, written itemized list required

• 10-day deadline: If NO damages or cleaning charges
• 30-day deadline: If deducting for damages or cleaning
• Must provide written itemized list of all deductions
• List must be delivered with remaining deposit balance
• Tenant should provide forwarding address (but not required for recovery)
• +3 more requirements

After termination of rental agreement

• May deduct for: damage caused by tenant
• May deduct for: unpaid rent
• May deduct for: late charges (if in lease)
• May deduct for: utilities owed
• May deduct for: penalties due under lease
• +6 more requirements

As specified in rental agreement

• NO statutory limit on late fee amount
• Must be clearly disclosed in rental agreement
• No mandatory grace period
• Rent considered late the day after due date (unless grace period in lease)
• Late fees must be reasonable (excessive fees may be challenged)
• +2 more requirements

• 30 days' written notice
• 7 days' written notice
• Cannot increase during lease term unless lease allows

• No rent control in Montana - no limit on increase amount
• Month-to-month: 30 days' written notice required
• Week-to-week: 7 days' written notice required
• Notice must be given before effective date of change
• Fixed-term leases: Cannot increase during lease term
• +3 more requirements

• 3 days to pay or quit
• 3 days to pay full rent
• Can file eviction lawsuit after 3 days if not paid

• Landlord must serve written 3-day notice
• Notice must state amount of rent owed
• Notice must state intention to terminate if not paid within 3 days
• Tenant has 3 days to pay FULL amount owed
• If rent paid within 3 days, tenancy continues
• +3 more requirements

• 3 days to cure or quit
• 3 days to cure or quit
• 3 days to cure or quit
• 14 days to cure or quit
• 5 days to quit (unconditional)

• 3-day notice: Unauthorized pets in rental
• 3-day notice: Unauthorized persons residing in rental
• 3-day notice: Verbal abuse of landlord
• 14-day notice: All other curable lease violations
• Notice must specify the exact violation
• +4 more requirements

• 30 days' written notice
• 7 days' written notice

• Either landlord OR tenant can terminate
• Month-to-month: Minimum 30 days' written notice
• Week-to-week: Minimum 7 days' written notice
• No reason required (no-cause termination allowed)
• Notice must specify exact termination date
• +3 more requirements

Before commencement of tenancy

• Name and address of property manager (if applicable)
• Name and address of owner OR authorized agent
• Property condition statement (written description of premises condition)
• Statement whether property previously leased (if true)
• Terms and conditions for security deposit deductions
• +3 more requirements

• Written notice to landlord
• Landlord has reasonable time to fix
• Cannot exceed 1 month's rent

• Applies when: landlord fails to maintain health/safety requirements
• Applies when: landlord fails to supply essential services
• Tenant must notify landlord in writing of intent to repair or vacate
• Must give landlord reasonable time to remedy
• If not fixed, tenant can hire someone to do work
• +4 more requirements

Protection continues for 6 months after protected activity

• Landlord cannot retaliate against tenant for exercising legal rights
• Protected activities: complaints to government, complaints to landlord, tenant organizing
• Prohibited retaliation: rent increases, service decreases, eviction threats, filing eviction
• Presumption of retaliation if action taken within 6 months
• Landlord can rebut presumption with evidence of non-retaliatory reason
• +2 more requirements

Before or at commencement of tenancy

• Can be oral or written (written strongly recommended)
• Oral leases valid for terms under 1 year
• Leases 1 year or more must be in writing (Statute of Frauds)
• CANNOT waive tenant's or landlord's rights under Montana law
• CANNOT permit landlord to get confession of judgment
• +5 more requirements