Frequently Asked Questions
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Montana law does not place any restrictions or ceilings on how much a landlord can charge for rent, nor are there any restrictions placed on how much a landlord can raise rent with proper notice. Before looking for a place to live, a tenant should carefully consider their budget and what they need. They must decide how much they are willing to pay for rent and utilities, and what amenities they want or need. These may include, for example, nearby laundry facilities, location in relation to work or school, safety, parking availability, access to public transportation, pet policies, and more. When a tenant is considering a specific unit, they should find out what utilities the tenant is responsible for paying and how much those utilities will cost. This can be accomplished by asking previous tenants and the landlord what utilities have cost in the past. The tenant may ask the landlord to request the information from the utility service provider, which should have records of the previous year’s bills.
Staying in touch with the rental market is a good idea. This may be done by talking to neighbors and fellow tenants or tenant’s unions, and by staying up-to-date with housing market reports and data trends. Keep in mind that negotiation of rental costs is allowed prior to signing, and there is no restriction on discussing rental costs with fellow tenants.
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Montana does not have a statewide nondiscrimination housing law in regard to sexual orientation or gender identity, but some municipalities do.
Check out the status of local NDOs here.
While screening tenants is important for landlords to ensure that their property will be cared for and that rent will be paid, landlords may not use the screening process to discriminate against prospective tenants. Unless a landlord is renting a room in the house that they reside in, landlords are forbidden from discriminating against a potential tenant on the basis of the individual’s race, color, creed, religion, sex, age, marital status, familial status, national origin, or mental or physical disability.
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Tenants are allowed to negotiate the terms of their lease, but any proposed changes to the rental agreement must be approved by the landlord. For example, a landlord might be willing to lower rent, spread the security deposit over several monthly payments, or alter pet policies. Too often, tenants mistakenly assume that bargaining is unacceptable; however, many landlords are willing to bargain for a good renter. Prospective tenants and landlords should each vocalize what they want and negotiate for a rental agreement that works for both parties. If special arrangements are made, both parties should remember to add them to a written rental agreement and sign.
Choosing a Rental Unit
Pets
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If a tenant has a pet which is not allowed by the rental agreement, the landlord may give the tenant a 3-day notice specifying that the tenant must either get rid of the pet or vacate the premises. For the tenant, temporarily removing or "hiding" the pet is not a good solution. Following the initial notice, if the landlord discovers any unauthorized pet in the rental within the next 6 months, they can give the tenant a 5-day notice to move out, with no opportunity to remedy the situation. If an unauthorized pet causes damage, the landlord may give the tenant a 3-day notice of termination for destruction of property, in which case removing the pet would do no good and the tenant should find another place to live.
Source: 70-24-422
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The tenant is responsible for the behavior of their guests. If a guest violates the lease agreement, it counts as a violation on the tenant’s behalf, even if they are just visiting for a short time period. A landlord may issue a written warning the tenant to remove the pet in 3 days or face lease termination. Even if the situation is remedied and the pet is removed in fewer than 3 days, this first written warning will make any future offenses count as repeat violations.
Source: 70-24-422
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A very common requirement in the lease is that every tenant shares liability for rent, utilities and damages. If one member of the lease gets a pet, all tenants might be held liable if they don’t inform the landlord or if the lease forbids it.
Source: 70-24-422
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Landlords are allowed to limit any kind of animal that is not a service animal recognized under Montana Code, which only lists dogs and miniature horses. Because pet deposits are legally considered a security deposit, there is no limit to how much money a landlord is allowed to charge.
Repairs and Maintenance
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Montana law specifies that landlords have 14 days after receiving notice to repair problems that materially affect health and safety on the premises. In the initial notification letter, the tenant should state that if the repair is not completed within 14 days, the rental agreement will terminate in 30 days. If the problem creates an emergency situation, the problem must be fixed in 3 days. In the case of an emergency, the notification letter should specify that the rental agreement will terminate immediately if the repair is not completed in 3 days.
Source: 70-24-406
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The tenant may not remove, replace, or add a lock to the premises without the written permission of the landlord. If the tenant adds or replaces a lock not supplied by the landlord, then the tenant must provide a key to ensure that the landlord will continue to have the right of access. If the tenant fails to supply a key, then the landlord may either obtain an order of injunctive relief from the court or terminate the rental agreement.
Source: 70-24-312
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The landlord must keep the premises in fit and habitable condition. As such, the landlord may need to fix anything that affects the livable condition of the unit. Occasionally, repairs will be necessary through no fault of the tenant. Before asking the landlord to do repairs, tenants should make sure that: (1) The repairs are not for damages that are the tenant’s fault (2) The damages affect the fitness and habitability of the rental unit. If something needs repaired, the tenant should send the landlord a certified letter and refer to the timeline question above.
Source: 70-24-303
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Attempting major fixes without professional assistance is not recommended. It is a landlord's duty to maintain the facilities and appliances in their rental in good working order. However, if the damage was done by the tenants or a guest invited onto the premises, it is the tenant’s duty to fix. Major repairs should be done by someone qualified, as a poorly done repair could be considered further damage done by the tenant. In other words, don’t risk it. Tenants in this situation should notify their landlord, hire a licensed and insured professional, and keep receipts.
Source: 70-24-321
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If a repair needs to be made and it is the landlord's responsibility to make the repair (i.e. the tenant did not cause the damage and the repair is necessary to keep the premises in a habitable condition or to maintain appliances provided by the landlord), the tenant’s first step is always to inform the landlord of the problem. The tenant should notify their landlord through certified mail and make sure to make a copy for their records. If the landlord fails to make the needed repairs within the necessary time frame, Montana law offers remedies such as hiring a professional to repair and deducting that cost from next month’s rent (if the cost is less than 1 month’s rent), obtaining replacement services (such as a space heater) and deducting that cost from next month’s rent (if the cost is less than 1 month’s rent), procuring substitute housing, during which time the tenant should not be responsible for paying rent, or seeking injunctive relief from the court system.
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If a landlord thinks a deduction is improper, the conflict will probably end up in small claims court. Tenants should make sure to review the section of Montana Code detailing the repair and deduct procedure (70-24-406, MCA) so that they can make an informed case to the judge. Note that for tenants to use this particular remedy, they must notify their landlord in writing and give them 14 days to remedy the situation, unless it’s an emergency, in which case repairs must be made within 3 days.
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Tenants may never withhold rent to induce the landlord to perform repairs. Montana law recognizes that tenants need effective processes to ensure prompt repairs, but it draws a sharp distinction between these processes and prompt rent payment. Withholding rent in order to force repairs is improper. In response, the landlord can terminate the rental agreement with 3 days prior notice and sue the tenant for up to 3 times the amount of lost rental income.
Source: 70-24-422
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The landlord is not obligated to look for or identify mold in a building they own, However, if the landlord is aware of mold prior to a new tenant moving in, they must attach a mold disclosure statement to the lease, and they are required to furnish any prior testing results from that property. Otherwise, all testing for mold is left up to potential tenants. 70-16-703, MCA states that “It is the buyer's or tenant's obligation to determine whether a mold problem is present. To do so, the buyer or tenant should hire a qualified inspector and make any contract to purchase, rent, or lease contingent upon the results of that inspection.”
Source: 70-16-703
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The rental agreement should specify which utilities the landlord provides and which the tenant is responsible for. Unless otherwise specified in the rental agreement, the landlord must provide garbage cans, but the tenant may be required to pay for garbage pick-up. Landlords are typically willing and able to disclose the average cost of utilities like water or electricity. If they are unable to provide that information, a tenant may reach out to the utility provider, and they may provide an estimated cost or previous month’s costs.
Source: 70-24-303
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Montana landlords have to maintain essential services to their rental, including running hot water, gas, heat, electricity, and plumbing. Failure to do so is a breach of Montana law! In the event that one of these essential services gets cut off because of the landlord’s failure to pay or maintain these services, the tenant needs to write them a letter that notifies them of the breach of Montana Code. This letter must additionally notify the landlord that, if adequate repairs are not made, the lease agreement will terminate after 30 days. After notifying the landlord, they have 14 days to make the necessary repairs, or 3 days if the situation constitutes an emergency. If the damages are not remedied within the necessary time frame, the tenant may acquire repairs or substitute services out of pocket and deduct that cost from the next month’s rent. The tenant is only allowed to do this if the cost of the repair or the substitute service is less than the cost of one month’s rent, and the tenant must submit a receipt from a qualified repair professional to their landlord.
Source: 70-24-408
Utilities
Roommates
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First of all, talk to your roommate. Many problems stem from a lack of communications and different expectations. If that doesn’t work, fall back on a roommate agreement between the two of you. If you don’t have an agreement, talk to your landlord to see if you can’t work something out. If all else fails, you’ll need to contact a lawyer.
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In Montana, there is nothing in code that limits what a landlord can charge for security deposits. That said, negotiation of lease terms and rental cost is well within the tenant’s rights. If the security deposit amount seems unreasonable or is prohibitive to affordability, a tenant should not hesitate to raise this with their landlord.
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If, after the final inspection, there is no further cleaning to be completed, no damages to the property for which the tenant is liable, no unpaid rent, and the tenant can prove to the landlord that there are no outstanding utility bills for which the tenant is responsible, the landlord must return the full amount of the security deposit to the tenant within 10 days.
Source: 70-25-202
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Any level of wear and tear caused by the tenant either through malice or negligence is able to be charged to the tenant, and is specified as the following:
"Damage" means any and all tangible loss, injury, or deterioration of a leasehold premises caused by the willful or accidental acts of the tenant occupying the leasehold premises or by the tenant's family, licensees, or invitees, as well as any and all tangible loss, injury, or deterioration resulting from the tenant's omissions or failure to perform any duty imposed upon the tenant by law with respect to the leasehold.
Other issues such as worn carpet, fading paint or stained grout are firmly within the landlord’s responsibility.
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Yes, landlords may deduct cleaning charges from the security deposit. However, departing tenants must be provided with a written list of all additional repair or cleaning tasks and be allowed 24 hours to complete those remaining tasks.
After the tenant has had the opportunity to complete any required cleaning and has returned the keys to the landlord, the landlord must deliver to the tenant, within 30 days, an itemized list of deductions from the security deposit along with any portion of the security deposit remaining.
Other issues such as worn carpet, fading paint or stained grout are firmly within the landlord’s responsibility.
Security Deposits
Right to Privacy
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In Montana, landlords must provide 24 hours notice unless it is a case of emergency.
Source: 70-24-312
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Anyone intentionally opening your mail is a Federal crime. However, your landlord opening your mail on accident is not a crime. If they open it up once, you don’t have much standing. If they do it repeatedly, it’s probably worth reporting. As always, talk to your landlord and document all communication before pursuing legal action.
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No. The tenant cannot unreasonably deny access to the landlord in order to inspect the premises, make repairs or improvements, supply services, or show the dwelling to prospective tenants, purchasers, workers, contractors, etc.
However, the landlord cannot abuse the right of access to harass the tenant. Except in emergencies or unless it is impracticable to do so, the landlord must give the tenant 24 hours notice (verbal or written) of their intent to enter the premises. The landlord can enter only at reasonable times. Notice may be considered impractical if the tenant is absent from the dwelling for an extended period.
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If a rule is adopted that creates a substantial modification of the tenant's rental terms after a tenant enters into a rental agreement, it is not valid until seven days after written notice to the tenant in the case of a week-to-week tenancy, or thirty days' written notice in the case of month-to-month tenancies. In the case of a termed lease agreement, the landlord may not alter the terms of the rental agreement until the end of the term. If a landlord wishes to alter the terms of a lease agreement upon expiration of that agreement, they must provide the tenant notice of their intent to change the terms of the agreement 30 days before the lease expires.
Source: 70-24-311
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A year lease may only be terminated prior to its end date with the landlord’s agreement, or with cause related to a violation of Montana law. If a lease is broken early without permission granted by the landlord, the departing tenant can be held responsible for paying rent until the end of the established rental term or until a new tenant is found, whichever occurs first. If a tenant wants to avoid the additional costs associated with early lease termination, they should work with their landlord to make the transition between tenants as fast and easy as possible.
Source: 70-24-441
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If the rental term is up or the tenant has been provided with proper 7 or 30 day notice, there is no limit on what a landlord can charge for rent or how much they may raise the rental rate by.
Source: 70-24-311
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You may, but only with written permission from your landlord. Tenants normally sublet in order to hold a rental unit for a period in which they will be gone (as in the case of a tenant who leaves for the summer but wants to keep their apartment), or in order to complete the time remaining on a term agreement or lease. If a tenant decides to sublet, they retain all their rights and responsibilities as a tenant, but they also take on all the rights and responsibilities of a landlord - the tenant becomes a landlord to the new tenant. Thus, the tenant is still responsible for the timely payment of rent, and for any damages caused by the person subletting from them. However, as a landlord they also take on significant new obligations to, for example, keep the rental unit fit and habitable and to give adequate notice for terminating or changing the rental agreement.
Source: 70-24-305