State law guide · Checked November 14, 2026

Montana landlord rules: late fees, deposits and rent increases

Montana does not put a number on late fees or security deposits. It does set a deadline for returning a deposit and requires a written list of deductions. Here is what Title 70 of the Montana Code says, with the section for each rule.

Late fees in Montana

Limit

The statute sets no limit. The statute treats late fees as part of rent "as agreed on in the rental agreement" and sets no dollar or percent cap. Mont. Code Ann. § 70-24-103(14)

Grace period

None in the statute. Mont. Code Ann. tit. 70, ch. 24

Other conditions

A late fee must come from the rental agreement. A landlord may not charge an additional fee based on rent payment type, except to recoup an electronic bank fee incurred for electronic payment. Mont. Code Ann. §§ 70-24-103(14), 70-24-201(4)

Security deposits in Montana

Maximum deposit

The statute sets no limit. Mont. Code Ann. tit. 70, ch. 25

Return deadline

30 days after the tenancy ends or the tenant surrenders and the landlord accepts. The deadline is 10 days if there is no damage, cleaning, unpaid rent or unpaid utilities. Mont. Code Ann. § 70-25-202(1)(a)

Itemized deductions

Required, as a written list of rent due and damage and cleaning charges. The list goes to the tenant within the same 30 days. A landlord who doesn't provide it forfeits the right to withhold for damage or cleaning charges (§ 70-25-203). Mont. Code Ann. § 70-25-202(1)(a)

Interest

The statute doesn't require it. Mont. Code Ann. tit. 70, ch. 25

How it's held

The statute doesn't require a special account or bond. Mont. Code Ann. tit. 70, ch. 25

Penalty

The landlord is liable for the amount wrongfully withheld. The statute sets no multiplier. The court may award attorney fees to the prevailing party. Before suing, the tenant must get a written denial and wait out the 30-day or 10-day period. Mont. Code Ann. § 70-25-204(1)

Rent increases in Montana

Notice to raise rent

15 days' written notice before the end of the month, for a month-to-month tenancy. This rule is in the general landlord-tenant chapter, not the Residential Landlord and Tenant Act. Ending a month-to-month tenancy takes 30 days' written notice (§ 70-24-441(2)). Check your lease for its own notice term. Mont. Code Ann. § 70-26-109

Statewide cap

None in the statute. Mont. Code Ann. tit. 70, chs. 24, 26

City rent control

Not allowed for local governments with self-government powers. These governments may not exercise any power to control the amount of rent charged for private residential or commercial property. Mont. Code Ann. § 7-1-111(26)

This page covers Montana state law for ordinary residential rentals. Cities and counties can add their own rules, and subsidized housing and mobile home lots follow different ones.

Questions landlords ask

Free templates you can use in Montana

These are plain templates that aren’t tied to one state. Fill in the numbers your statute and lease call for.

• Rent increase letter kit: increase notice, renewal offer, pricing worksheet and delivery log.
• Late rent notice kit: friendly reminder, past-due notice, payment plan and delivery log.
• Security deposit return kit: itemized return letter, wear-and-tear guide and move-out checklist.
• Move-in kit: inspection checklist and deposit receipt, signed by the tenant.
• Rent ledger: running tenant balances and printable statements.

This guide is general information, not legal advice. It summarizes state statutes as read on November 14, 2026; laws change and courts interpret them. Check the current statute (Montana Code Annotated, title 70, chapter 25) or talk to a local attorney before you act.