Montana Lease Agreement Review
Montana rentals run on the Residential Landlord and Tenant Act in Title 70, chapters 24 and 25 of the Montana Code Annotated. The state has no statewide deposit cap, but it moves faster than most on refunds, splitting the deadline in two depending on whether the landlord claims anything. Montana also gives renters a statutory repair-and-deduct right tied to one month's rent, which is worth knowing before you accept a lease that makes you responsible for every fix.
Security deposit
No statewide cap
Entry notice
24 hours
Security deposits in Montana
Montana sets no statutory deposit cap but requires 24 hours’ notice before entry. A deposit with no deductions is due back within 10 days, or within 30 days with an itemized list of charges.
Montana lease law sets the limit above. Before you sign, check the deposit against it, get the amount and the return terms in writing, and watch for a deposit that exceeds what the state allows, a common and negotiable red flag.
Landlord entry and your privacy in Montana
Montana generally requires 24 hours of advance notice before a landlord enters for non-emergency reasons. A lease clause letting the landlord enter “at any time” conflicts with that and should be brought in line.
Habitability and repairs in Montana
Like nearly every state, Montana recognizes an implied warranty of habitability, the landlord’s duty to keep the home livable. A clause making you accept the unit “as is” or waive that warranty is generally void, and a clause shifting all repairs (including major systems) onto you is a red flag worth negotiating.
When does a Montana landlord have to return the deposit?
MCA 70-25-202 sets two clocks. If the move-out inspection shows no damage, no cleaning is needed, no rent is owed and you show your utilities are paid, the full deposit is due within 10 days. If the landlord is keeping anything, you must get a written list of the charges for rent, damage and cleaning, together with any balance, within 30 days after the tenancy ends.
Refunds can go by check, cash or electronic transfer, and they can be mailed to your new address, so leave one in writing when you hand back the keys.
Can a Montana tenant repair and deduct?
Yes, within limits. Under MCA 70-24-406, after written notice and a reasonable time for the landlord to act, you may have a repair done and deduct the cost from rent, as long as it does not exceed one month's rent. For a health or safety breach you can instead serve notice that the lease ends in at least 30 days unless the problem is fixed within 14 days; emergencies left unfixed for 3 working days after written notice allow termination too.
If heat, running water, hot water, electricity or gas are cut off through the landlord's fault, MCA 70-24-408 lets you buy substitute service and deduct it, claim reduced rental value, or move to substitute housing and stop paying rent for that period.
What notice ends a month-to-month tenancy?
Either side may end a month-to-month tenancy with at least 30 days' written notice under MCA 70-24-441. Montana has no statewide late fee cap, so the late fee written into your lease is the figure to negotiate.
Montana sources checked 2026-10-09: MCA 70-25-202, return of security deposit · MCA 70-24-406, tenant remedies for failure to maintain · MCA 70-24-408, failure to provide essential services · MCA 70-24-441, termination of periodic tenancies. Laws change; confirm the current rule before relying on it.
What ClauseAudit checks in a Montana lease
- Security deposit vs the Montana limit, and the return terms
- Landlord entry notice against Montana requirements
- Waiver of the warranty of habitability (generally void)
- Who is responsible for repairs and maintenance
- Late fees, grace periods, and any state caps
- Early-termination penalties and the duty to mitigate
Montana lease FAQ
How much can a landlord charge for a security deposit in Montana?
As of October 2026, the security-deposit rule in Montana is: No statewide cap. Montana sets no statutory deposit cap but requires 24 hours’ notice before entry. A deposit with no deductions is due back within 10 days, or within 30 days with an itemized list of charges. Deposit caps change, so confirm the current figure, ClauseAudit checks it against Montana law when you run your lease.
How much notice must a landlord give before entering in Montana?
In Montana, a landlord generally must give 24 hours before entering for non-emergency reasons. Emergencies are an exception. Check that your lease’s entry clause matches or improves on that.
Can a Montana lease make me waive my right to a habitable home?
In nearly every state, the implied warranty of habitability, the landlord’s duty to keep the unit livable, cannot be waived, and a clause trying to make you accept the home “as is” is generally void. Flag any such clause in a Montana lease; it does not override your rights.
How much can a landlord charge as a security deposit in Montana?
Montana caps it: No statewide cap. Montana sets no statutory deposit cap but requires 24 hours’ notice before entry. A deposit with no deductions is due back within 10 days, or within 30 days with an itemized list of charges. 21 jurisdictions use the same limit. A lease asking for more than the statutory maximum is asking for something the law does not allow.
Do the states next to Montana treat deposits the same way?
No, and the gap can be large: North Dakota (1 month (more for pets or certain tenants)), South Dakota (1 month). Deposit rules are set state by state, so a landlord operating across a state line may be working from the wrong rulebook, and a lease template borrowed from a neighbouring state may carry that state's figure rather than Montana's.
Is there anything specific to Montana tenants should know?
Montana sets no statutory deposit cap but requires 24 hours’ notice before entry. A deposit with no deductions is due back within 10 days, or within 30 days with an itemized list of charges. Both the deposit ceiling and the entry-notice period come from statute here, so a lease that contradicts either is worth questioning.
Does a Montana lease have to let me fix urgent problems myself?
The right comes from statute, not the lease. MCA 70-24-406 allows a tenant, after notice, to have repairs done and deduct the cost up to one month's rent, and for emergency repairs you may only hire someone qualified to do the work. A clause saying you can never repair and deduct does not cancel that statutory remedy.
What if my Montana landlord mails the refund and I never get it?
MCA 70-25-202 says that if you gave no new address and a deposit mailed to your last-known address never reaches you, that is not wrongful withholding, although the landlord still owes the money. Giving the landlord a forwarding address in writing at move-out is the simplest way to avoid that gap.
Have a Montana lease to sign?
Upload it and get every clause checked against Montana law in about a minute, with a fix for each problem.
Deposit rules in neighbouring states
Deposit limits are set state by state, and 2 of the 4 states bordering Montana use a different one. A lease template borrowed from next door may carry the wrong figure.
Nationally: 0 of 51 jurisdictions set no statutory deposit cap, and 16 set no statutory entry-notice period.
Montana landlord-tenant figures summarized as of October 2026; deposit caps and entry rules change, and localities may add their own. This is automated educational information, not legal advice. ClauseAudit verifies the current rule against Montana law when you run your lease, and you should confirm anything critical with a qualified Montana attorney.