Montana landlord and tenant rules

Seayora publishes 8 Montana rules, covering security deposits, notice periods, rent regulation, tenant protections, repairs, contractor sales tax. Every one is composed from the statute it cites and links to that statute on the state’s own code site.

Montana at a glance

RuleMontana
How long does a landlord have to return a security deposit in Montana?30 days
How many days does a tenant get to pay late rent in Montana?3 days to pay
How much notice does a landlord have to give before entering in Montana?24 hours
How much notice must a landlord give to end a tenancy in Montana?30 days
Is there rent control in Montana?Prohibited by state law
Can a landlord retaliate against a tenant for complaining in Montana?Presumed within 6 months
Can a tenant repair and deduct from rent in Montana?Up to one month’s rent
Do contractors charge sales tax in Montana?No sales tax

Security deposits in Montana

How long does a landlord have to return a security deposit in Montana?

In Montana, a landlord has 30 days after the tenancy ends to return the security deposit, together with an itemised statement of any deductions. 10 days when no deductions are taken; 30 days with an itemized list. This is Mont. Code § 70-25-202.

Full answer and the checkable figures.

Notice periods in Montana

How many days does a tenant get to pay late rent in Montana?

In Montana, before starting a nonpayment case a landlord must serve a written notice giving the tenant 3 days to pay the rent due. This is Mont. Code §§ 70-24-441(2), 70-24-312(3), 70-24-422(2).

Either party may end a month-to-month tenancy with at least 30 days' written notice. Entry: at least 24 hours' notice, at reasonable times, except in an emergency or where notice is impracticable. Nonpayment: three days after written notice to pay before the landlord may terminate. No rent-increase notice period is published here.

Full answer and the checkable figures.

How much notice does a landlord have to give before entering in Montana?

In Montana, a landlord must give 24 hours notice before entering an occupied rental, other than in an emergency. This is Mont. Code §§ 70-24-441(2), 70-24-312(3), 70-24-422(2).

Either party may end a month-to-month tenancy with at least 30 days' written notice. Entry: at least 24 hours' notice, at reasonable times, except in an emergency or where notice is impracticable. Nonpayment: three days after written notice to pay before the landlord may terminate. No rent-increase notice period is published here.

Full answer and the checkable figures.

How much notice must a landlord give to end a tenancy in Montana?

In Montana, a landlord must give 30 days written notice to end a tenancy or decline to renew it. This is Mont. Code §§ 70-24-441(2), 70-24-312(3), 70-24-422(2).

Either party may end a month-to-month tenancy with at least 30 days' written notice. Entry: at least 24 hours' notice, at reasonable times, except in an emergency or where notice is impracticable. Nonpayment: three days after written notice to pay before the landlord may terminate. No rent-increase notice period is published here.

Full answer and the checkable figures.

Rent regulation in Montana

Is there rent control in Montana?

No. Montana has no statewide rent control, and its cities and counties cannot simply adopt their own: a local government with self-government powers may not exercise any power to control the amount of rent charged for private residential or commercial property. This is Mont. Code § 7-1-111(26).

Full answer and the checkable figures.

Tenant protections in Montana

Can a landlord retaliate against a tenant for complaining in Montana?

No. In Montana, a landlord may not retaliate by raising the rent, cutting services, or bringing or threatening an eviction after a tenant complains to a code agency, complains to the landlord in writing about a required repair, or joins a tenants’ union, and a complaint within six months creates a rebuttable presumption of retaliation. Separately, the federal Fair Housing Act makes it unlawful to threaten or interfere with anyone for exercising fair housing rights. This is Mont. Code § 70-24-431.

Full answer and the checkable figures.

Repairs in Montana

Can a tenant repair and deduct from rent in Montana?

Yes, within limits. In Montana, if a landlord does not make repairs within a reasonable time after notice, the tenant may make repairs that cost no more than one month’s rent and deduct the cost from the rent. In an emergency the repair may be made only by a person qualified to make it. Each step has to be followed as the statute sets it out, including the written notice and the waiting period, or the deduction can be treated as unpaid rent. This is Mont. Code § 70-24-406.

Full answer and the checkable figures.

Contractor sales tax in Montana

Do contractors charge sales tax in Montana?

Montana imposes no state sales tax, so there is no state sales tax to add to a contractor's invoice. Source: Montana imposes no general sales tax (limited resort and local option taxes exist in a few communities).

Full answer and the checkable figures.

Sources

  • Mont. Code § 7-1-111(26)
  • Mont. Code § 70-24-406
  • Mont. Code § 70-24-431
  • Mont. Code § 70-25-202
  • Mont. Code §§ 70-24-441(2), 70-24-312(3), 70-24-422(2)
  • Montana imposes no general sales tax (limited resort and local option taxes exist in a few communities).

This is a summary of a published statute, not legal advice. Rules change, local ordinances can add to them, and the terms of a specific lease may differ. Check the citation and speak to a lawyer before acting.

This is a summary of a state’s published guidance, not tax or legal advice. Rates and rules change, local jurisdictions add their own, and the treatment of a specific job depends on the contract and the work. Check the citation and speak to a CPA or a state tax adviser before relying on it.

How Seayora uses these rules

Security deposits. Seayora computes the deadline this rule sets from the tenancy’s own dates, shows it on the deposit statement, and reminds the landlord before it falls due — so the answer above is not reference material sitting beside the product, it is the rule the product enforces.

Notice periods. Seayora computes the notice this rule requires from the tenancy’s own dates — for a renewal offer, a rent increase or a served notice — and will not serve one that is short unless the owner records a reason. The answer above is the rule the product enforces.

Rent regulation. This page states whether the state lets its cities control rent, and any statewide limit on an increase, so a renewal can be checked before it is offered. In New York City, Seayora’s rent-increase advisor goes further: it computes the highest increase the Rent Guidelines Board order and the Good Cause standard allow for each apartment, with the law cited, and gives no number where the law is not verified.

Tenant protections. When an owner prepares an eviction in Seayora, it lists any repair request opened on the unit in the last 180 days that is still open, not to stop the case but because the tenant will raise retaliation and the owner should have an answer. Every repair request keeps the date it was filed.

Repairs. Every deadline on this page runs from the tenant’s notice. A repair request filed in Seayora keeps the date it was made and every update after it, on the website and both phone apps, so owner and tenant are working from the same date.

Contractor sales tax. Seayora resolves this rule on every invoice a contractor raises — per line, from the job site’s own address — and prints the rate, the jurisdiction and this citation on the document itself, so the estimate a customer accepts is the invoice they are billed. Where the rule is more nuanced than a single answer, Seayora refuses to guess a total rather than quoting a confident wrong one.

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