Know Your Rights: Montana Tenants
Based on Montana landlord‑tenant law (Title 70, Chapter 24). Missoula does not have local code enforcement for private rentals – these rights are enforced by you, with legal help if needed.
1. Security Deposits
- Cannot exceed one month’s rent (unless additional for pets).
- Must be returned within 10 days of move‑out, or 30 days if you dispute deductions.
- Landlord must provide an itemized list of any deductions.
- If wrongfully withheld, you can sue in small claims court.
2. Repairs & Habitability
- Landlord must keep the unit fit for human habitation (heat, running water, electricity, structural safety).
- Notify the landlord in writing (use our repair request template).
- If repairs aren’t made within a reasonable time (usually 14 days), you may have options: withhold rent (with legal advice), break the lease, or sue for damages.
- Keep records: photos, emails, certified mail receipts.
3. Entry by Landlord
- Landlord must give at least 24 hours’ notice before entering (except emergencies).
4. Evictions
- Landlord must provide a written notice stating the reason and the time to fix it (usually 3 days for non‑payment, 14 days for other lease violations).
- Only a court can order an eviction – self‑help evictions (locking out, shutting off utilities) are illegal.
- If you receive a court summons, do not ignore it. Contact Montana Legal Services immediately.
5. Retaliation
- It is illegal for a landlord to evict or raise rent in retaliation for you exercising your legal rights (e.g., requesting repairs, joining a tenant union).
Need more detail? Download the full Montana Tenant Rights Handbook (PDF).
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