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.
- 211 Montana — free, 24/7 — dial 2-1-1 (or 406-268-1337) for rent, deposit, and utility help
- Montana Housing (statewide Section 8): 406-841-2840 · housing.mt.gov · waitlist status at waitlistcheck.com
- Montana Legal Services Association: 1-800-666-6899 · mtlsa.org
- Montana Human Rights Bureau (fair housing): 406-444-2884 · 1-800-542-0807
- LIEAP heating help: apply through your regional HRDC (Oct 1–Apr 30)
- HUD fair housing: 1-800-669-9777
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:
- HomeFront (formerly the Housing Authority of Billings), Billings — PHA MT001, (406) 245-6391; six waitlists (vouchers, project-based, and public housing) have been open in 2025–2026
- Missoula Housing Authority, Missoula — PHA MT033, (406) 549-4113; about 1,000 assisted households
- Great Falls Housing Authority, Great Falls — PHA MT002, (406) 453-4311
- Helena Housing Authority, Helena — PHA MT004, (406) 442-7970
- Bozeman has no local housing authority — despite being the state’s most expensive market, Gallatin, Park, and Meagher county vouchers are run by HRDC District IX as a Montana Housing field agency
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:
- Human Resource Development Councils (HRDCs) — Montana’s roughly 10 regional Community Action agencies administer emergency rent, deposit, and utility help; District 7 (Billings) and District IX (Bozeman) are two of the largest
- LIEAP (Low Income Energy Assistance Program) — run by DPHHS through the HRDCs, it helps with heating from October 1 to April 30, which matters in a state where winter bills are punishing; see utility assistance programs
- Dial 211 or visit montana211.org for the current list of funds near you, plus emergency rental assistance
Montana tenant law: key protections at a glance
Quick reference: Montana
- Voucher administrator: Montana Housing statewide (MT901) plus city authorities in Billings, Missoula, Great Falls, and Helena
- Source-of-income protection: none statewide — a landlord may decline a voucher unless a local ordinance says otherwise
- Rent control: none — local rent control is preempted by SB 105 (2023)
- Nonpayment notice: 3 days to pay or quit (MCA § 70-24-422)
- Lease-violation notice: generally 14 days to cure (3 days for damage or unauthorized pets/occupants)
- Month-to-month termination: 30 days’ written notice (MCA § 70-24-441)
- Security deposit: no statutory cap; returned within 30 days (or 10 days with no deductions) with an itemized statement (MCA § 70-25-202)
- Self-help eviction: illegal (MCA § 70-24-411) — a locked-out tenant can recover the greater of 3 months’ rent or triple damages, plus attorney fees
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
- Tribal housing — Montana has seven reservations, each with a tribal housing authority funded by HUD Indian Housing Block Grants (NAHASDA), including Blackfeet Housing, Fort Peck Housing Authority, and the Apsáalooke (Crow) Nation Housing Authority; on-reservation these authorities are often the main landlord amid a chronic shortage
- HUD-VASH (veterans) — a voucher paired with VA case management; see how to apply for HUD-VASH
- Coordinated Entry — permanent supportive housing and rapid re-housing are reached by calling 211; our eviction prevention hub covers what to do before a court date
Nearby states
Moving across state lines, or comparing rules? These neighbors have their own deposit caps, notice periods, and voucher agencies:
- Idaho tenant rights & Section 8 — the Idaho Housing and Finance Association runs vouchers in most counties
- Wyoming tenant rights — fast evictions and no state fair-housing agency
- South Dakota tenant rights — a one-month deposit cap and, since 2024, no notice-to-quit rule
- North Dakota tenant rights
- Alaska tenant rights
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.
Frequently Asked Questions
Who runs Section 8 in Montana and how do I apply?
Montana is unusual: the state agency Montana Housing (HUD code MT901) administers Housing Choice Vouchers statewide through local field agencies, and its statewide waiting list reopened July 1, 2025. Larger cities also run their own authorities — HomeFront in Billings, plus Missoula, Great Falls, and Helena — each with its own list. Apply to more than one and check your status at waitlistcheck.com.
How much notice does my landlord give for nonpayment in Montana?
Three days. Under the Residential Landlord and Tenant Act (MCA § 70-24-422), a landlord must serve a 3-day notice to pay or quit before filing for eviction. Many other lease violations get a 14-day notice to cure, but damage or unauthorized occupants get only 3 days.
When does my landlord have to return my security deposit in Montana?
Within 30 days after you move out, or within 10 days if no deductions are taken, along with an itemized statement of any charges (MCA § 70-25-202). If the landlord fails to send that list, they forfeit the right to keep any of the deposit (MCA § 70-25-203). Montana sets no cap on the deposit amount.
Can a landlord refuse my voucher in Montana?
In most of Montana, yes. There is no statewide source-of-income protection, so unless a local ordinance says otherwise a landlord may decline a Housing Choice Voucher. Federal fair-housing protections against discrimination by race, disability, family status, and other classes still apply.
Is there rent control in Montana?
No. Montana has no rent control, and SB 105 (2023) preempts local governments from enacting it, so there is no legal cap on how much rent can rise. For a month-to-month tenancy, a landlord must still give at least 30 days' written notice before a rent increase.
How long does an eviction take in Montana?
Commonly about three to five weeks. The landlord serves the notice, files in Justice or District Court, and you get a hearing date; if the landlord wins, the court issues a writ of possession that a sheriff carries out. Only a court — never the landlord directly — can lock you out.
I live on a reservation — who handles housing?
Each of Montana's seven reservations has its own tribal housing authority funded through HUD Indian Housing Block Grants (NAHASDA), such as Blackfeet Housing, Fort Peck Housing Authority, and the Apsáalooke (Crow) Nation Housing Authority. Contact your tribe's housing office directly; 211 can help you find it.