How much can a landlord charge for a security deposit in Montana?

Montana sets no statutory cap on the security deposit amount. The deposit must be accounted for within 30 days after the tenancy ends (Mont. Code § 70-25-202).

Is there a limit on late fees in Montana?

Montana sets no statutory late-fee cap; the fee must be stated in the lease.

How much notice must a landlord give before entering a rental in Montana?

Landlord must give at least 24 hours' notice before entering, except in an emergency. (Mont. Code § 70-24-312)

How do you end a month-to-month tenancy in Montana?

Either party must give at least 30 days' written notice to end a month-to-month tenancy. (Mont. Code § 70-24-441)

What happens if a tenant does not pay rent in Montana?

Tenant has 3 days to pay rent or vacate before the landlord may file for possession. (Mont. Code § 70-24-422) The case is filed as an unlawful detainer in Justice or District Court. A landlord may never change the locks or remove a tenant's belongings without a court order.

Does a residential lease have to be in writing in Montana?

A written lease is not always legally required, but it is what makes the terms enforceable and provable. Montana tenancies are governed by the Montana Residential Landlord and Tenant Act, and a written lease is the practical way to document rent, deposits, and each party's obligations. Landy builds a lease specific to Montana with the statutory citations printed in it.

Montana Residential Lease Agreement

A lease that works in the State of Montana has to respect the Montana Residential Landlord and Tenant Act: no statutory ceiling on the security deposit, accounted for within 30 days of move-out, and no statutory ceiling on late fees. Below is every number that governs a Montana tenancy, with the statute it comes from.

Read the whole lease before you pay. $14.99 to download, or three for $29.

Montana rental law at a glance

Each row is the rule Landy applies when it builds a Montana lease. The citation is printed in the finished document too, so a tenant can check it.

Montana landlord-tenant rules with statutory citations
Rule	Montana	Citation
Security deposit limit	No statutory limitMontana sets no statutory cap on the security deposit amount.	No statute on point
Deposit return deadline	30 daysLandlord must return the deposit within 30 days, or 10 days if no deductions are claimed.	Mont. Code § 70-25-202
Interest on deposits	Not requiredMontana does not require interest on security deposits.	Mont. Code § 70-25-202
Late fee limit	No statutory limitMontana sets no statutory late-fee cap; the fee must be stated in the lease.	No statute on point
Grace period before rent is late	No statutory grace periodMontana sets no statutory grace period for rent.	No statute on point
Notice to pay or quit	3 daysTenant has 3 days to pay rent or vacate before the landlord may file for possession.	Mont. Code § 70-24-422
Time to cure a lease violation	14 daysTenant generally has 14 days to remedy a curable lease violation.	Mont. Code § 70-24-422
Ending a month-to-month tenancy	30 days' noticeEither party must give at least 30 days' written notice to end a month-to-month tenancy.	Mont. Code § 70-24-441
Notice before landlord entry	24 hoursLandlord must give at least 24 hours' notice before entering, except in an emergency.	Mont. Code § 70-24-312

Disclosures a Montana lease must carry

Missing a required disclosure is the most common way an otherwise fine lease creates a problem. Landy adds these automatically, plus any that apply only to your specific property.

Lead-Based Paint Disclosure
Housing built before 1978 may contain lead-based paint. Lead from paint, paint chips, and dust can pose health hazards if not managed properly. Lead exposure is especially harmful to young children and pregnant women. Before renting pre-1978 housing, landlords must disclose the presence of known lead-based paint and lead-based paint hazards in the dwelling, provide any available records and reports to the tenant, and give the tenant the EPA-approved pamphlet "Protect Your Family From Lead In Your Home." Tenant acknowledges receipt of this information by signing below.
42 U.S.C. § 4852d; 24 C.F.R. Part 35; 40 C.F.R. Part 745 · applies to housing built before 1978
Mold Disclosure
Landlord discloses any knowledge of mold contamination in the dwelling.
Mont. Code § 70-16-703

If things go wrong in Montana

Where eviction is filed

Justice or District Court, as an unlawful detainer.

Governing law

Montana Residential Landlord and Tenant Act, cited from the Montana Code Annotated.

Never self-help

Changing locks, removing belongings, or shutting off utilities to force a tenant out is unlawful. A court order is the only route.

Montana lease questions, answered

How much can a landlord charge for a security deposit in Montana?: Montana sets no statutory cap on the security deposit amount. The deposit must be accounted for within 30 days after the tenancy ends (Mont. Code § 70-25-202).
Is there a limit on late fees in Montana?: Montana sets no statutory late-fee cap; the fee must be stated in the lease.
How much notice must a landlord give before entering a rental in Montana?: Landlord must give at least 24 hours' notice before entering, except in an emergency. (Mont. Code § 70-24-312)
How do you end a month-to-month tenancy in Montana?: Either party must give at least 30 days' written notice to end a month-to-month tenancy. (Mont. Code § 70-24-441)
What happens if a tenant does not pay rent in Montana?: Tenant has 3 days to pay rent or vacate before the landlord may file for possession. (Mont. Code § 70-24-422) The case is filed as an unlawful detainer in Justice or District Court. A landlord may never change the locks or remove a tenant's belongings without a court order.
Does a residential lease have to be in writing in Montana?: A written lease is not always legally required, but it is what makes the terms enforceable and provable. Montana tenancies are governed by the Montana Residential Landlord and Tenant Act, and a written lease is the practical way to document rent, deposits, and each party's obligations. Landy builds a lease specific to Montana with the statutory citations printed in it.

Build a Montana lease with these rules already in it.

Answer questions in plain English. Landy writes the Montana lease around your answers, applies every limit above, and shows you the finished document before you decide to pay.

Lease laws in other states

This page summarizes Montana law for general information and is not legal advice. Landy is a self-help document service, not a law firm. Cities and counties may impose additional requirements, and statutes change. Have a licensed Montana attorney review your lease before you rely on it.