Renting in Montana
Your rights as a tenant in Montana
In Montana, if you fall behind on rent, the notice is 3 days. What state law says about your deposit, the notices you must get, repairs and eviction. Every rule comes with its citation and the text of the law.
Key numbers in Montana
- Notice for late rent
- 3 days
- Mont. Code Ann. §70-24-422(2)
- Notice of a rent increase
- 15 days
- Mont. Code Ann. §70-26-109
What the law says
The rules, one by one
The basic rules for renting in Montana, answered with state law and its citation.
Tap “What the law says” to read the exact text and see where it comes from.
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If I fall behind on rent, what notice must I get?
3 days
If you do not pay rent when it is due, the landlord can give you a written notice. The notice says you have not paid and that the rental agreement will end if you do not pay in time. If you do not pay within 3 days after the notice, the landlord can end the rental agreement.
What the law says · Mont. Code Ann. §70-24-422(2)
“If rent is unpaid when due and the tenant fails to pay rent within 3 days after written notice by the landlord of nonpayment and the landlord's intention to terminate the rental agreement if the rent is not paid within that period, the landlord may terminate the rental agreement, and the tenant shall vacate the premises if the landlord terminates the rental agreement.”
Source: Montana Legislature – Montana Code Annotated 2025 (MCA) · Verified on October 24, 2026
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How much notice before a rent increase?
15 days
If you rent month to month, the landlord can change the terms of the lease, the rent included, with written notice at least 15 days before the end of the month. The change starts when that month ends, if you stay.
What the law says · Mont. Code Ann. §70-26-109
“In all leases of lands or tenements or of any interest therein from month to month, the landlord may, upon giving notice in writing at least 15 days before the expiration of the month, change the terms of the lease to take effect at the expiration of the month. The notice, when served upon the tenant, shall of itself operate and be effectual to create and establish as a part of the lease the terms, rent, and conditions specified in the notice if the tenant shall continue to hold the premises after the expiration of the month.”
Source: Montana Legislature – Montana Code Annotated 2025 · Verified on November 6, 2026
Protections
Protections the law gives you
We show only what state law says, with its citation. Your city may give you more protections.
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Only a court order can remove you
Yes: state law says so
Unless you abandon or surrender the home, the landlord can take it back only as the landlord-tenant law allows. The landlord cannot do it by purposely cutting off heat, running water, hot water, electricity, gas, or other essential services.
What the law says · Mont. Code Ann. §70-24-428
“Except in the case of abandonment, surrender, or as permitted in this chapter, a landlord may not recover or take possession of the dwelling unit by action or otherwise, including purposeful diminution of services to the tenant by interrupting or causing the interruption of heat, running water, hot water, electricity, gas, or other essential services.”
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Protection from retaliation
Yes: state law says so
The landlord may not raise your rent, cut services, or sue or threaten to sue for possession to punish you because you complained to the government agency that enforces the housing code about a problem affecting health and safety, complained in writing to the landlord that they are not keeping up the home, or organized or joined a tenants' union or similar group. The law has some exceptions.
What the law says · Mont. Code Ann. §70-24-431(1)
“Except as provided in this section, a landlord may not retaliate by increasing rent, by decreasing services, or by bringing or threatening to bring an action for possession after the tenant: (a) has complained of a violation applicable to the premises materially affecting health and safety to a governmental agency charged with responsibility for enforcement of a building or housing code; (b) has complained to the landlord in writing of a violation under 70-24-303; or (c) has organized or become a member of a tenant's union or similar organization.”
Eviction
How an eviction works in Montana
Step by step, with the time periods the law sets. No landlord can skip the court.
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Written 3-day notice to pay rent
at least 3 days
What the law says · Mont. Code Ann. §70-24-422(2)
“If rent is unpaid when due and the tenant fails to pay rent within 3 days after written notice by the landlord of nonpayment and the landlord's intention to terminate the rental agreement if the rent is not paid within that period, the landlord may terminate the rental agreement”
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Landlord files an action for possession
What the law says · Mont. Code Ann. §70-24-429(1)
“If the tenant remains in possession without the landlord's consent after expiration of the term of the rental agreement or its termination, the landlord may bring an action for possession.”
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Written answer: 5 business days after service
up to 5 business days
What the law says · Mont. Code Ann. §70-24-429(4)
“In an action for possession or unlawful holdover, the provisions of the Montana Justice and City Court Rules of Civil Procedure, Title 25, chapter 23, apply, except that the time for filing an answer under Rule 4C(2)(b) is 5 business days after service of summons and complaint, exclusive of the date of service.”
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Hearing within 10 business days
up to 10 business days
What the law says · Mont. Code Ann. §70-24-427(2)(a)
“an action filed pursuant to subsection (1) in a court must be heard within 10 business days after the tenant's appearance or the answer date stated in the summons”
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Ruling within 5 days; if the landlord wins, the writs issue immediately
up to 5 days
What the law says · Mont. Code Ann. §70-24-427(4)
“In a landlord's action for possession filed pursuant to subsection (1), the court shall rule on the action within 5 days after the hearing. If a landlord's claim for possession is granted, the court shall issue a writ of possession and a writ of assistance immediately.”
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Sheriff executes the writ of assistance
up to 5 business days
What the law says · Mont. Code Ann. §70-24-427(4)(a)
“The writ of assistance must be executed by the sheriff: (a) within 5 business days of the sheriff receiving the writ of assistance, excluding of the date of receipt by the sheriff”
Free or low-cost legal help
If you get a notice or a court case, look for help early: the deadlines are short. These are official pages or pages the state courts link to.
Where to file a housing discrimination complaint
The Montana Human Rights Bureau, part of the Department of Labor & Industry, enforces certain state and federal laws that prohibit unlawful discrimination. When someone files a complaint, the Bureau investigates informally. It also offers education and training to employers, employees, housing providers, tenants and all Montana residents. A written complaint must be filed with the Bureau within 180 days of when the adverse act happened (or when it was discovered). This time may be extended, but only in limited circumstances.
Montana Human Rights Bureau (Department of Labor & Industry)- Montana Legal Services Association (MLSA) – free civil legal aidmtlsa.org
- MontanaLawHelp.org – Housing (information and forms; maintained by MLSA)montanalawhelp.org
- Montana Judicial Branch – Landlord Tenant Law: Evictions (forms and guides)courts.mt.gov
- Court packet: Answering Your Landlord's Complaint to Evict You (PDF)courts.mt.gov
- Court Help Program (Montana Supreme Court)courts.mt.gov
- Montana State Law Librarycourts.mt.gov
Frequently asked questions
What notice is required for late rent in Montana?
If you do not pay rent when it is due, the landlord can give you a written notice. The notice says you have not paid and that the rental agreement will end if you do not pay in time. If you do not pay within 3 days after the notice, the landlord can end the rental agreement. (Mont. Code Ann. §70-24-422(2))
How much notice before a rent increase in Montana?
If you rent month to month, the landlord can change the terms of the lease, the rent included, with written notice at least 15 days before the end of the month. The change starts when that month ends, if you stay. (Mont. Code Ann. §70-26-109)
A summary of state law, not legal advice. Cities may have additional rules.
Pending
What is left to verify
We have not yet verified these Montana rules in the law with their citation, so we do not show them. If you need them today, ask for free legal aid.
- How much can they charge for a deposit? Not verified yet
- When must they return my deposit? Not verified yet
- How much notice ends a month-to-month rental? Not verified yet
- Are there limits on late fees? Not verified yet
- Protection related to immigration status Not verified yet
- Repair and deduct from the rent Not verified yet