What do Montana landlord tenant laws say about repairs, entry and deposits?

Montana landlord tenant day counts and hours, with sources

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What repairs is a landlord responsible for in Montana?

MCA 70-24-303(1), read 2026-10-29 on mca.legmt.gov, lists what a landlord shall do, item by item, including to make repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition: “(1) Subject to 27-1-1603 , a landlord: (a) shall comply with the requirements of applicable building and housing codes materially affecting health and safety in effect at the time of original construction in all dwelling units where construction is completed after July 1, 1977; (b) shall make repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition, except when it is the tenant's responsibility to maintain the dwelling unit pursuant to 70-24-321 ;” (Montana Code Annotated 70-24-303)

Item (d) of 70-24-303(1) covers what the landlord supplies: “(d) shall maintain in good and safe working order and condition all electrical, plumbing, sanitary, heating, ventilating, air-conditioning, and other facilities and appliances, including elevators, supplied or required to be supplied by the landlord;” (Montana Code Annotated 70-24-303)

The landlord's duty to make repairs stops where it is the tenant's responsibility to maintain the dwelling unit pursuant to 70-24-321. Under 70-24-303(4), a landlord and tenant may agree that the tenant is to perform specified repairs only if the agreement is in good faith and set forth in a separate writing signed by the parties, among the other conditions that subsection lists.

When a heating, plumbing or electrical repair at a Montana rental needs a contractor, a property manager can post the job on InstaBids and get written bids.

How long does a landlord have to make repairs in Montana?

MCA 70-24-406(1), read 2026-10-29, says that for a noncompliance with 70-24-303 affecting health and safety the tenant may deliver a written notice, and the rental agreement will terminate if the breach is not remedied in 14 days: “(1) Except as provided in this chapter, if there is a noncompliance with 70-24-303 affecting health and safety, the tenant may: (a) deliver a written notice to the landlord specifying the acts and omissions constituting the breach and that the rental agreement will terminate upon a date not less than 30 days after receipt of the notice if the breach is not remedied in 14 days.” (Montana Code Annotated 70-24-406)

For a noncompliance affecting health and safety that results in a case of emergency, the same item (a) of 70-24-406(1) counts working days: “If the noncompliance results in a case of emergency and the landlord fails to remedy the situation within 3 working days after written notice by the tenant of the situation and the tenant's intention to terminate the rental agreement, the tenant may terminate the rental agreement.” (Montana Code Annotated 70-24-406)

On a noncompliance affecting health and safety, the rental agreement will terminate only if the breach is not remedied in 14 days (70-24-406(1)). If the landlord adequately remedies the breach before the date specified in the notice, the rental agreement does not terminate by reason of the breach (70-24-406(1)(a)(i)).

After a tenant's written notice about a health or safety problem, a property manager can post that repair on InstaBids and compare written bids side by side.

How much notice does a landlord have to give before entering in Montana?

MCA 70-24-312(3)(a), read 2026-10-29, sets the landlord's notice: “Except in the case of an emergency or unless it is impracticable to do so, the landlord shall give the tenant at least 24 hours' notice of the intent to enter and may enter only at reasonable times.” (Montana Code Annotated 70-24-312)

The 24 hours' notice yields in an emergency or where it is impracticable: 70-24-312(2) lets a landlord enter without consent of the tenant in the case of an emergency. Under 70-24-312(3)(b), a tenant has notice of the intent to enter if the landlord conspicuously posts it on the main entry door of the dwelling unit.

For a repair inside an occupied Montana unit, a property manager can describe the job on InstaBids, add photos and choose a contractor before setting up entry.

How long does a landlord have to return a security deposit in Montana?

MCA 70-25-202(1)(a)(i), read 2026-10-29, sets 30 days from the termination of a tenancy or a surrender and acceptance, whichever occurs first: “Each landlord, within 30 days subsequent to the termination of a tenancy or within 30 days subsequent to a surrender and acceptance of the leasehold premises, whichever occurs first, shall provide the departing tenant with a written list of any rent due and any damage and cleaning charges, brought after the provisions of 70-25-201 have been followed, with regard to the leasehold premises that the landlord alleges are the responsibility of the tenant.” (Montana Code Annotated 70-25-202)

When nothing is owed, the period is 10 days: “(b) (i) If after inspection there are no damages to the premises, no cleaning required, and no rent unpaid and if the tenant can demonstrate that no utilities are unpaid by the tenant, the landlord shall return the security deposit within 10 days.” (Montana Code Annotated 70-25-202)

Under 70-25-202(2), neither the landlord's duty to provide the departing tenant with a written list of any rent due and any damage and cleaning charges within 30 days of termination or surrender, whichever occurs first, nor the duty to return the security deposit within 10 days when there are no damages, no cleaning required, no rent unpaid and no utilities unpaid applies if a rental agreement is terminated pursuant to 70-24-427 or 70-33-427 and the landlord has a pending claim filed in court.

At move-in, 70-25-206(1) reads: “(1) Any person engaged in the rental of property for residential purposes who requires a security deposit shall furnish to each tenant, in conjunction with execution of a lease or creation of a tenancy, a separate written statement as to the present condition of the premises intended to be let.” (Montana Code Annotated 70-25-206)

For move-out cleaning and repairs at a Montana rental, a property manager can post the turnover job on InstaBids and get written bids on the same scope.

When can a tenant end a lease over repairs in Montana?

Under MCA 70-24-406(1), read 2026-10-29 on mca.legmt.gov, for a noncompliance with 70-24-303 affecting health and safety, the tenant may deliver a written notice that the rental agreement will terminate upon a date not less than 30 days after receipt if the breach is not remedied in 14 days. If the same act or omission of a noncompliance affecting health and safety recurs within 6 months: “(ii) if substantially the same act or omission which constituted a prior noncompliance of which notice was given recurs within 6 months, the tenant may terminate the rental agreement upon at least 14 days' written notice specifying the breach and the date of termination of the rental agreement;” (Montana Code Annotated 70-24-406)

The notice for a noncompliance affecting health and safety lets the rental agreement terminate if the breach is not remedied in 14 days (70-24-406(1)). The tenant may not terminate for a condition caused by the tenant, a member of the tenant's family, or other persons on the premises with the tenant's consent (70-24-406(1)(a)(iii)).

When a leak or a furnace problem keeps coming back, a property manager can post the fix on InstaBids and compare written bids from several contractors.

When can a tenant withhold rent over repairs in Montana?

MCA 70-24-406(1), read 2026-10-29, gives the tenant remedies for a noncompliance with 70-24-303 affecting health and safety; its item (b) lets the tenant deduct the cost from the rent after notice and a reasonable time: “(b) make repairs that do not cost more than 1 month's rent and deduct the cost from the rent if the tenant has given the landlord notice and the landlord has not made the repairs within a reasonable time.” (Montana Code Annotated 70-24-406)

To get a habitability repair such as a broken water heater bid out, a property manager can describe it once on InstaBids and compare the written bids.

Who does Montana landlord tenant law cover?

MCA 70-24-104(4)-(6), read 2026-10-29, say that, unless created to avoid the application of this chapter, transient occupancy in a hotel or motel, occupancy by an owner of a condominium unit or a holder of a proprietary lease in a cooperative, and occupancy of premises used by the occupant primarily for commercial or agricultural purposes are not governed by the Montana Residential Landlord and Tenant Act.

The other items of 70-24-104, unless created to avoid the chapter, are residence at an institution incidental to detention or a medical, educational or similar service, occupancy by a purchaser under a contract of sale, a member of a fraternal or social organization, an employee of a landlord whose occupancy is conditional upon employment, and occupancy outside a municipality that includes hunting, fishing, or agricultural privileges.

Whether the home is a long-term rental or an owner-occupied condo, a repair there can be posted on InstaBids to get written bids from contractors.

Montana Code rules a property manager works to

What to put in a written repair scope for a Montana rental

• The repair in plain words, with photos, tied to the 70-24-303(1) item the landlord must meet, such as to maintain in good and safe working order the electrical, plumbing, heating and other facilities supplied or required to be supplied by the landlord (70-24-303(1)(d)).
• The date the tenant's written notice was received, for a noncompliance with 70-24-303 affecting health and safety: the rental agreement will terminate upon a date not less than 30 days after receipt if the breach is not remedied in 14 days (70-24-406(1)).
• For a noncompliance affecting health and safety (70-24-406(1)) that results in a case of emergency, the hour the tenant's written notice arrived, since the tenant may terminate the rental agreement if the landlord fails to remedy the situation within 3 working days (70-24-406(1)(a)).
• The access window for the crew, with the landlord's at least 24 hours' notice of the intent to enter, except in an emergency or where impracticable (70-24-312(3)(a)).
• At move-out, the termination or surrender date, whichever occurs first, and the written list of any rent due and any damage and cleaning charges within 30 days (70-25-202(1)(a)(i)), with cleaning work listed apart from damage.

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Calling contractors one by one, or one written scope?

Calling contractors one by one gets as many ideas of the repair as calls. With one written scope that names the 70-24-303(1) item behind the landlord's duty, such as to maintain in good and safe working order the plumbing or heating facilities supplied by the landlord, you describe it once, contractors bid in writing on that scope, and you choose who gets your number.

Property managers can post a rental job on InstaBids today.

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Sources

• Montana Code Annotated 70-25-206, read 2026-10-29: mca.legmt.gov
• Montana Code Annotated 70-24-406, read 2026-10-29: mca.legmt.gov
• Montana Code Annotated 70-25-202, read 2026-10-29: mca.legmt.gov
• Montana Code Annotated 70-24-312, read 2026-10-29: mca.legmt.gov
• Montana Code Annotated 70-24-104, read 2026-10-29: mca.legmt.gov
• Montana Code Annotated 70-24-441, read 2026-10-29: mca.legmt.gov
• Montana Code Annotated 70-24-303, read 2026-10-29: mca.legmt.gov