Laws by state / Montana

Montana landlord and tenant rules

The figures that decide most disputes between Montana landlords and tenants, each with a calculator and the statute behind it.

Verified against the statutes 2026-10-22By RentByState Research

Rule	Montana	Statute	Tool
Maximum security deposit	No statutory limit	MCA § 70-25-202; § 70-25-201	Deposit rules
Deposit return deadline	Within 10 days after termination of the tenancy if no deductions for damage, cleaning or unpaid rent/utilities; within 30 days after termination if deductions are taken, together with a written itemized list of damages and charges	MCA § 70-25-202; § 70-25-201	Deposit rules
Interest on the deposit	Not required	MCA § 70-25-202; § 70-25-201
Maximum late fee	No statutory cap	No statute (MCA Title 70, ch. 24 contains no late-fee limit)	Late fee calculator
Landlord notice, month-to-month	30 days	MCA § 70-24-441; § 70-24-422(2)	Notice calculator
Tenant notice, month-to-month	30 days	MCA § 70-24-441; § 70-24-422(2)	Notice calculator
Rent increase notice	No statute	MCA § 70-24-441; § 70-24-422(2)	Notice calculator
Pay-or-quit notice	3 days	MCA § 70-24-441; § 70-24-422(2)	Notice calculator
Rent increase cap	None statewide

Security deposits in Montana

Montana sets no statutory limit on the size of a security deposit. The deposit must be returned within 10 days after termination of the tenancy if no deductions for damage, cleaning or unpaid rent/utilities; within 30 days after termination if deductions are taken, together with a written itemized list of damages and charges. No interest is owed on the deposit under state law. MCA 70-25-201 lists permitted deductions (damage, unpaid rent, late charges, utilities, actual cleaning) and sets no maximum deposit. 2025 change: HB 444 (Ch. 656, L. 2025, signed 12 May 2025) amended 70-25-201 and 70-25-202 to allow cleaning/deduction notices by e-mail, phone or text and to allow return of the deposit by electronic funds transfer, cash, check or mail to the tenant's new or last-known address. Prior amendments 2021 (Ch. 536) and 2023 (Ch. 383). Full deposit rules and move-out checklist.

Late fees in Montana

Montana sets no statutory cap on late fees. The amount is whatever the lease says, subject to the general rule that it must not be an unconscionable penalty. There is no statutory grace period, so the lease controls when the fee starts. Calculate the maximum fee.

Notice periods in Montana

A Montana landlord must give 30 days’ written notice to end a month-to-month tenancy, and the tenant must give the same. There is no separate statutory notice period for rent increases; the month-to-month termination notice is the practical minimum. For nonpayment, the landlord must serve a 3-day notice to pay or quit before filing for eviction. Calculate the effective date of a notice.

Sources

Frequently asked questions

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

There is no statutory cap in Montana; the market and the lease decide. MCA 70-25-201 lists permitted deductions (damage, unpaid rent, late charges, utilities, actual cleaning) and sets no maximum deposit. 2025 change: HB 444 (Ch. 656, L. 2025, signed 12 May 2025) amended 70-25-201 and 70-25-202 to allow cleaning/deduction notices by e-mail, phone or text and to allow return of the deposit by electronic funds transfer, cash, check or mail to the tenant's new or last-known address. Prior amendments 2021 (Ch. 536) and 2023 (Ch. 383).

What is the maximum late fee for rent in Montana?

There is no statutory maximum in Montana. No statutory cap or grace period; late charges are permitted if set in the rental agreement (MCA 70-25-201 expressly allows deducting 'late charges' from the deposit) and are subject only to general reasonableness/penalty principles. The most common lease figure nationally is 5% of monthly rent, and courts in no-cap states generally accept fees in that range while rejecting ones that look like penalties.

How much notice does a landlord have to give a tenant to move out in Montana?

30 days’ written notice for a month-to-month tenancy. At least 30 days' written notice by either party, given at any time during the tenancy, for month-to-month tenancies; 7 days for week-to-week (MCA 70-24-441)

How long is a pay-or-quit notice in Montana?

3 days. The tenant can stop the eviction by paying the full amount within that time.