Montana’s landlord-tenant rules come from the Residential Landlord and Tenant Act of 1977 (Montana Code Title 70, Chapters 24–25). Montana is unusual: the state itself — Montana Housing, in the Department of Commerce — is the statewide Section 8 authority (HUD code MT901), and its statewide Housing Choice Voucher waiting list reopened on July 1, 2025. There is no rent control (local rent control was preempted by 2023’s SB 105) and no statewide source-of-income protection, so notice periods and deposit rights matter. Nonpayment starts with a 3-day notice, and your deposit comes back within 10 to 30 days. Below are the authorities to apply to, the statewide legal framework, the eviction timeline, and where to get help.

Quick numbers to write down:

Major Montana public housing authorities

Montana runs Section 8 differently from most states. Montana Housing (Department of Commerce, HUD code MT901) is the statewide voucher administrator and delivers vouchers through contracted nonprofit “field agencies” — often a local Human Resource Development Council (HRDC) — across the state’s rural geography. Its statewide Housing Choice Voucher waiting list reopened July 1, 2025; check your status at waitlistcheck.com. Several cities also run their own authorities, each with its own list, so apply to more than one:

To confirm who serves your county, use HUD’s PHA directory or read how to find your PHA. For income-restricted apartments, search HUD’s LIHTC database or read how to find LIHTC housing.

Emergency rent & heating help in Montana

Federal pandemic rental assistance has ended, and Montana has no standing statewide rent fund, so ongoing help is the voucher program plus one-time aid through local agencies:

Montana tenant law: key protections at a glance

Quick reference: Montana

Security deposits

Montana sets no cap on the deposit, but the return rules are firm. After you move out the landlord must return it within 30 days, or within 10 days if no deductions are taken, with an itemized list of any charges for unpaid rent, cleaning, or damage beyond normal wear (MCA § 70-25-202). Failing to send that list forfeits the landlord’s right to keep any of it (MCA § 70-25-203). A 2025 amendment also allows refunds by electronic transfer. Photograph the unit at move-in and move-out, and read how to recover your security deposit.

Eviction process & how long it takes

Self-help eviction is illegal — a landlord cannot change the locks or shut off utilities and must go through Justice or District Court. The sequence is: a 3-day notice to pay or quit for nonpayment (14 days to cure many lease violations, 3 days for damage or unauthorized occupants); a complaint filed and served with a hearing date; a hearing where you can raise defenses such as payment, improper notice, bad conditions, or retaliation; and, if the landlord wins, a writ of possession carried out by the sheriff. From notice to removal a Montana eviction commonly runs about three to five weeks. Get help early from Montana Legal Services Association (1-800-666-6899) and read how to avoid eviction.

Source of income & recent law changes

Montana has no statewide source-of-income protection, so outside a local ordinance a landlord may legally decline a Housing Choice Voucher. Montana’s Human Rights Act does add marital status, creed, and age to the federal protected classes (race, color, national origin, religion, sex, disability, and familial status), but not source of income. On rents, SB 105 (2023) preempted any local rent control, so there is no cap on increases; a month-to-month landlord must still give 30 days’ written notice before raising rent. See our source-of-income protections guide.

Tribal & veteran housing in Montana

Nearby states

Moving across state lines, or comparing rules? These neighbors have their own deposit caps, notice periods, and voucher agencies:

Where to get help in Montana

Tenant help & legal aid: Montana Legal Services Association (1-800-666-6899) handles eviction and housing cases for income-eligible tenants; self-help guides are at montanalawhelp.org.

Discrimination complaints: the Montana Human Rights Bureau (406-444-2884 or 1-800-542-0807) is HUD’s partner agency for fair-housing complaints in the state.

Vouchers & local PHAs: start with Montana Housing (406-841-2840) or HUD’s PHA directory.

211 helpline: dial 2-1-1 for rent, shelter, and utility help statewide.

Next Steps

Not sure where to start? Our Where to Start tool routes you to the right mix of Montana programs in about two minutes.

If you get a 3-day notice, call Montana Legal Services Association (1-800-666-6899) right away and read eviction prevention for your next moves.