10 of the 10 rules below carry a statute citation that was read at the official source (most recently October 2026), with the controlling text quoted. The rest are conservative reference values from Aptoria's compliance data and are labeled unverified.
Security deposit size: No statewide statutory cap on security deposit amount; Title 70 ch. 25 defines and regulates deposits but sets no maximum (any cleaning/damage fee is presumed a security deposit). (Mont. Code Ann. § 70-25-101(4), confirmed 2026-10). Returning the deposit: Within 30 days after termination (or surrender/abandonment, whichever first) provide a written itemized list of deductions and refund the balance; if there are no damages, no cleaning required and no unpaid rent/utilities, return the full deposit within 10 days. Wrongful withholding: damages equal to the amount wrongfully withheld; attorney fees at court's discretion. (Mont. Code Ann. § 70-25-202(1); § 70-25-204, confirmed 2026-10).
How Montana treats the landlord's core obligations
Late fees: No statewide cap on residential late fees and no mandatory grace period. Rent is payable without demand or notice at the agreed time; a late charge must be in the rental agreement, may not be a surcharge based on payment type (other than recouping an electronic bank fee), and is subject to the court's unconscionability power under § 70-24-404. (Mont. Code Ann. § 70-24-201(3)-(4); § 70-24-404, confirmed 2026-10). Application fees: No dollar cap. Effective 2025 (HB 311), a property manager of four or more dwelling units that charges an application fee must refund it within a reasonable time if the applicant does not sign a rental agreement, retaining only out-of-pocket costs (e.g. a credit check) itemized in a written notice given when the fee was collected and actually performed. Landlords of fewer than four units are not covered. (MCA § 37-56-109, confirmed 2026-10).
Nonpayment notice: 3 days after written notice of nonpayment and intent to terminate; if unpaid, landlord may terminate and tenant must vacate. (Mont. Code Ann. § 70-24-422(2), confirmed 2026-10). Rent increases: For a month-to-month tenancy the landlord may change terms (including rent) by written notice given at least 15 days before the end of the month, effective at month end (§ 70-26-109). Separately, a rule change that substantially modifies the tenant's bargain requires 30 days' written notice (§ 70-24-311(3)). No statewide rent cap. (Mont. Code Ann. § 70-26-109; § 70-24-311(3), confirmed 2026-10). Ending a month-to-month tenancy: At least 30 days' written notice (either party) for month-to-month; 7 days for week-to-week. (Mont. Code Ann. § 70-24-441(1)-(2), confirmed 2026-10). Entry: At least 24 hours' notice of intent to enter, except in an emergency or where impracticable; notice may be posted on the main entry door. (Mont. Code Ann. § 70-24-312(3), confirmed 2026-10).
Montana has no statewide rent regulation on file, so any cap on increases would come from a local ordinance. Source-of-income protection is not on file statewide, although cities and counties can add it. Card surcharges on rent: allowed within card-network limits. Managing property for others for compensation generally requires a state license: State real estate broker license required for property management for others — confirm with state commission.
Security deposits
What Montana allows a landlord to collect up front, how it must be held, and the deadline and paperwork for returning it.
Security deposit limit
Source-confirmed 2026-10
No statewide statutory cap on security deposit amount; Title 70 ch. 25 defines and regulates deposits but sets no maximum (any cleaning/damage fee is presumed a security deposit).
“"Security deposit" means value given, in money or its equivalent, to secure the payment of rent by the tenant under a leasehold agreement or to secure payment for damage to and cleaning of the leasehold premises.”
Excerpt from the cited source as read on the date shown.
Absence of a cap confirmed from the definitions section and ch. 25 part 2; no section imposes a maximum.
Reference value in Aptoria's compliance data: “No statewide cap”. Where it differs from the statute above, the statute controls; differences found in review are logged for an engine update.
The maximum a landlord may collect up front as security against unpaid rent or damage, usually expressed as a multiple of one month's rent. Separate pet, key or cleaning deposits often count toward the same limit.
Deposit return deadline
Source-confirmed 2026-10
Within 30 days after termination (or surrender/abandonment, whichever first) provide a written itemized list of deductions and refund the balance; if there are no damages, no cleaning required and no unpaid rent/utilities, return the full deposit within 10 days. Wrongful withholding: damages equal to the amount wrongfully withheld; attorney fees at court's discretion.
“Each landlord, within 30 days subsequent to the termination of a tenancy ... shall provide the departing tenant with a written list ... the landlord shall return the security deposit within 10 days.”
Excerpt from the cited source as read on the date shown.
the general itemization deadline is 30 days.
Reference value in Aptoria's compliance data: “10 days after move-out”. Where it differs from the statute above, the statute controls; differences found in review are logged for an engine update.
The window after the tenant vacates in which the landlord must refund the deposit or deliver an itemized statement of deductions. Missing the deadline is the most common way a landlord forfeits the right to keep any part of the deposit.
Separate pet deposit
Source-confirmed 2026-10
Not separately addressed. Any deposit a tenant must provide is presumed to be a 'security deposit' under Title 70, ch. 25, so a pet deposit is governed by the same accounting, return (10/30 days) and damages rules; Montana has no statutory cap on security deposits, so there is no cap on the combined amount.
“If a leasehold agreement or an agreement incident to a leasehold agreement requires the tenant or prospective tenant to provide or maintain in effect any deposit to the landlord for part or all of the term of the leasehold agreement, the deposit must be presumed to be a security deposit.”
Excerpt from the cited source as read on the date shown.
Reference value in Aptoria's compliance data: “Permitted”. Where it differs from the statute above, the statute controls; differences found in review are logged for an engine update.
Whether a refundable pet deposit can be collected on top of the security deposit. Even where it is permitted, the combined amount usually has to stay inside the overall deposit limit.
In practice
• Hold the deposit the way the statute requires (separate or escrow account where applicable) and record the account in the file.
• Document move-in condition with a dated, photographed inventory the tenant can sign; it is the only evidence that supports a later deduction.
• Send the itemized statement and any refund by a trackable method, and keep the receipts or estimates behind every deduction.
Rent, late fees and application fees
The fees a Montana lease can charge, the statutory ceilings that override the lease, and whether rent increases are regulated statewide.
Late fees
Source-confirmed 2026-10
No statewide cap on residential late fees and no mandatory grace period. Rent is payable without demand or notice at the agreed time; a late charge must be in the rental agreement, may not be a surcharge based on payment type (other than recouping an electronic bank fee), and is subject to the court's unconscionability power under § 70-24-404.
“(3) Rent is payable without demand or notice at the time and place agreed upon by the parties or provided for by subsection (2). (4) A landlord may not charge an additional fee based on rent payment type except to recoup an electronic bank fee incurred for electronic payment.”
Excerpt from the cited source as read on the date shown.
§ 70-24-201 as amended by Ch. 768, L. 2025. The $20/20% figure some sites quote is § 70-6-606 (self-storage), not residential.
Reference value in Aptoria's compliance data: “No statewide cap (reasonableness standard)”. Where it differs from the statute above, the statute controls; differences found in review are logged for an engine update.
Any statutory ceiling on the fee for late rent and any mandatory grace period before it can be charged. Where there is no statutory cap, courts still strike fees they find punitive rather than a reasonable estimate of the landlord's cost.
Application fee limit
Source-confirmed 2026-10
No dollar cap. Effective 2025 (HB 311), a property manager of four or more dwelling units that charges an application fee must refund it within a reasonable time if the applicant does not sign a rental agreement, retaining only out-of-pocket costs (e.g. a credit check) itemized in a written notice given when the fee was collected and actually performed. Landlords of fewer than four units are not covered.
Wrongful withholding is actionable for the amount withheld plus discretionary attorney fees; the manager bears the burden of proving the services were performed.
Reference value in Aptoria's compliance data: “No statewide cap”. Where it differs from the statute above, the statute controls; differences found in review are logged for an engine update.
A cap on what an applicant can be charged to apply, sometimes limited to the actual cost of screening and sometimes prohibited outright. Fee receipts and refund rules usually travel with the cap.
Statewide rent regulation
Source-confirmed 2026-10
(d)/(b): No statewide rent cap or rent-increase cap. Local governments with self-government powers are denied any power to regulate landlords' activities toward tenants beyond Title 70 chs. 24/25/33 or to deviate from or add to the Residential Landlord and Tenant Act, which forecloses local rent-regulation ordinances. Rent-increase notice is governed by § 70-24-311 / § 70-26-109.
“any power that applies to or affects landlords, as defined in 70-24-103 and 70-33-103, when that power is intended to license landlords or to regulate their activities with regard to tenants beyond what is provided in Title 70, chapters 24, 25, and 33; or (b) any power to deviate from or add to the exclusive application of the provisions of”
Excerpt from the cited source as read on the date shown.
No express 'rent control' statute exists in MCA; § 7-1-111 lists powers denied to self-governing local governments.
Reference value in Aptoria's compliance data: “No statewide rent regulation (check local ordinances)”. Where it differs from the statute above, the statute controls; differences found in review are logged for an engine update.
Whether a statewide law caps annual rent increases or whether rent control exists for covered units. Local ordinances can add limits even where the state has none.
In practice
• State the late fee, the grace period and the application fee in the lease in dollars or a clear percentage; a fee that is not in the lease is rarely enforceable.
• Never charge above the statutory cap even when the lease says more; the excess is unenforceable and can expose the landlord to penalties.
• Keep fee calculations in the ledger so a tenant, a court or an auditor can reproduce them from the rent roll.
Notices, rent increases and termination
How much written notice Montana requires before a rent increase, before ending a month-to-month tenancy, and before filing for nonpayment.
Rent-increase notice
Source-confirmed 2026-10
For a month-to-month tenancy the landlord may change terms (including rent) by written notice given at least 15 days before the end of the month, effective at month end (§ 70-26-109). Separately, a rule change that substantially modifies the tenant's bargain requires 30 days' written notice (§ 70-24-311(3)). No statewide rent cap.
“the landlord may, upon giving notice in writing at least 15 days before the expiration of the month ... if the tenant shall continue to hold the premises after the expiration of the month”
Excerpt from the cited source as read on the date shown.
Reference value in Aptoria's compliance data: “30 days”. Where it differs from the statute above, the statute controls; differences found in review are logged for an engine update.
The written notice a landlord must give before a rent increase takes effect on a periodic (month-to-month) tenancy. Fixed-term leases generally cannot be changed mid-term.
Month-to-month termination notice
Source-confirmed 2026-10
At least 30 days' written notice (either party) for month-to-month; 7 days for week-to-week.
“The landlord or the tenant may terminate a month-to-month tenancy by giving to the other at any time during the tenancy at least 30 days' notice in writing prior to the date designated in the notice for the termination of the tenancy.”
Excerpt from the cited source as read on the date shown.
Reference value in Aptoria's compliance data: “30 days”. Where it differs from the statute above, the statute controls; differences found in review are logged for an engine update.
The notice a landlord must give to end a periodic tenancy without cause. Some jurisdictions require longer notice for long-term tenants or require a stated cause.
Pay-or-quit notice
Source-confirmed 2026-10
3 days after written notice of nonpayment and intent to terminate; if unpaid, landlord may terminate and tenant must vacate.
“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”
Excerpt from the cited source as read on the date shown.
Reference value in Aptoria's compliance data: “3 days”. Where it differs from the statute above, the statute controls; differences found in review are logged for an engine update.
The notice a tenant must receive for nonpayment before the landlord can file for possession, and the time the tenant has to pay in full and cure. This is the step most often done wrong in an eviction.
In practice
• Serve notices in the form and by the method the statute names, and keep proof of service with the dated notice.
• Count notice periods the way the statute counts them (calendar days, business days, or "before the next rent due date") and build in a margin.
• Treat a notice to a possibly rent-regulated or subsidized unit as a legal check, because longer periods and extra content requirements usually apply.
Landlord entry
When a Montana landlord may enter an occupied unit and how much notice the tenant must receive.
Non-emergency entry notice
Source-confirmed 2026-10
At least 24 hours' notice of intent to enter, except in an emergency or where impracticable; notice may be posted on the main entry door.
“Except in the case of an emergency or unless it is impracticable to do so, the landlord shall give the tenant at least 24 hours' notice of the intent to enter”
Excerpt from the cited source as read on the date shown.
Reference value in Aptoria's compliance data: “24 hours”. Where it differs from the statute above, the statute controls; differences found in review are logged for an engine update.
The advance notice required before a landlord enters an occupied unit for repairs, inspections or showings. Emergencies are the usual exception.
In practice
• Give written notice with the date, a reasonable time window and the purpose, and log the entry afterwards.
• Emergencies are the only common exception; document what made the entry urgent.
• A pattern of unannounced entries is a common basis for tenant complaints and counterclaims.
Payments, fair housing and licensing
Operational rules that sit outside the landlord-tenant act but decide how rent can be collected, who can be screened out, and who may manage for others.
Card surcharges on rent
Allowed within card-network limits
Returned-payment (NSF) fee
No statewide statutory cap on file
Source-of-income protection
No statewide protection on file
Local ordinances can extend protection beyond the statewide rule.
Property-management licensing
License generally required to manage for others
State real estate broker license required for property management for others — confirm with state commission.
Compliance posture values are reference data compiled from public statutes and are not source-confirmed line by line. Confirm with the state agency before relying on them.
Montana next to its neighbors
Own units on both sides of a state line? These are the reference values for every bordering jurisdiction. Open a state to see which values carry a citation.
Federal and state disclosures Aptoria's lease workflow surfaces for Montana. This is a working checklist from public sources, not a complete legal inventory for a specific property.
• Lead-based paint hazards (pre-1978 housing) — EPA Pamphlet "Protect Your Family from Lead in Your Home"
• Mold (if known)
Official sources
Primary sources a Montana landlord should bookmark. Each link was fetched and read during the October 2026 review; the binding text is always the current official version.
How much can a landlord charge for a security deposit in Montana?
No statewide statutory cap on security deposit amount; Title 70 ch. 25 defines and regulates deposits but sets no maximum (any cleaning/damage fee is presumed a security deposit). (Mont. Code Ann. § 70-25-101(4), confirmed 2026-10).
How long does a Montana landlord have to return the security deposit?
Within 30 days after termination (or surrender/abandonment, whichever first) provide a written itemized list of deductions and refund the balance; if there are no damages, no cleaning required and no unpaid rent/utilities, return the full deposit within 10 days. Wrongful withholding: damages equal to the amount wrongfully withheld; attorney fees at court's discretion. (Mont. Code Ann. § 70-25-202(1); § 70-25-204, confirmed 2026-10).
What is the maximum late fee in Montana?
No statewide cap on residential late fees and no mandatory grace period. Rent is payable without demand or notice at the agreed time; a late charge must be in the rental agreement, may not be a surcharge based on payment type (other than recouping an electronic bank fee), and is subject to the court's unconscionability power under § 70-24-404. (Mont. Code Ann. § 70-24-201(3)-(4); § 70-24-404, confirmed 2026-10).
How many days does a Montana pay-or-quit notice give the tenant?
3 days after written notice of nonpayment and intent to terminate; if unpaid, landlord may terminate and tenant must vacate. (Mont. Code Ann. § 70-24-422(2), confirmed 2026-10).
How much notice must a Montana landlord give before entering?
At least 24 hours' notice of intent to enter, except in an emergency or where impracticable; notice may be posted on the main entry door. (Mont. Code Ann. § 70-24-312(3), confirmed 2026-10).
How much notice is required to raise rent in Montana?
For a month-to-month tenancy the landlord may change terms (including rent) by written notice given at least 15 days before the end of the month, effective at month end (§ 70-26-109). Separately, a rule change that substantially modifies the tenant's bargain requires 30 days' written notice (§ 70-24-311(3)). No statewide rent cap. (Mont. Code Ann. § 70-26-109; § 70-24-311(3), confirmed 2026-10).
How much notice is required to end a month-to-month tenancy in Montana?
At least 30 days' written notice (either party) for month-to-month; 7 days for week-to-week. (Mont. Code Ann. § 70-24-441(1)-(2), confirmed 2026-10).
Does Montana have statewide rent control?
No statewide rent regulation is on file for Montana. Local ordinances can still limit increases, so check the city or county where the unit sits before setting a renewal rent.
Is source of income a protected class in Montana?
No statewide source-of-income protection is on file for Montana, but cities and counties can adopt it. Check local law before refusing a voucher or benefit income, and apply any screening criteria consistently.
Can a Montana landlord add a surcharge for paying rent by card?
Allowed within card-network limits. Where a surcharge is allowed, it must still follow card-network rules and be disclosed before payment.
How this page was verified
Every rule is shown in one of two states. “Source-confirmed” means an editor opened the official statute page named next to the rule on the date shown, read the controlling text, and recorded the excerpt you see; the excerpt is quoted verbatim so you can check it. “Reference value” means Aptoria's compliance engine applies a conservative number for this rule, but nobody has yet tied it to a specific statute section on this page, so it must be checked before you rely on it.
This page meets Aptoria's evidence floor for publication (10 source-confirmed rules and 4 fetched official sources). Statutes change; local ordinances can be stricter; the facts of a tenancy change the result.