Montana Statewide Rule
Montana Landlord Entry & Notice Rules
Key Facts
- Notice required
- At least 24 hours
- Timing
- Reasonable times only
- Emergency entry
- No notice required
- Governing statute
- Mont. Code Ann. § 70-24-312
Summary
Under Mont. Code Ann. § 70-24-312, a Montana landlord must give the tenant at least 24 hours' notice of intent to enter and may enter only at reasonable times. Entry is allowed to inspect, repair, supply services, or show the unit. No notice is needed in a genuine emergency.
70-24-312 . Access to premises by landlord. (1) A tenant may not unreasonably withhold consent to the landlord or the landlord's agent to enter into the dwelling unit in order to inspect the premises, make necessary or agreed repairs, decorations, alterations, or improvements, supply necessary or agreed services, or exhibit the dwelling unit to prospective or actual purchasers, mortgagees, tenants, workers, or contractors. (2) A landlord may enter the dwelling unit without consent of the tenant in the case of an emergency. (3) (a) A landlord may not abuse the right of access or use it to harass the tenant. 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. (b) For the purposes of this subsection (3), in addition to the provisions of 70-24-108 , a tenant has notice of the intent to enter if the landlord conspicuously posts the landlord's intent to enter on the main entry door of the dwelling unit. (4) A landlord has no other right of access except: (a) pursuant to court order; (b) as permitted by 70-24-425 and 70-24-426 (2); or (c) when the tenant has abandoned or surrendered the premises. (5) A tenant may not remove a lock or replace or add a lock not supplied by the landlord to the premises without the written permission of the landlord.
Full Breakdown
Mont. Code Ann. § 70-24-312 governs landlord access. The landlord 'shall give the tenant at least 24 hours' notice of the intent to enter and may enter only at reasonable times,' except in an emergency or where notice is impracticable. Permitted purposes include inspecting the premises; making necessary or agreed repairs, decorations, alterations, or improvements; supplying necessary or agreed services; and exhibiting the dwelling to prospective purchasers, mortgagees, tenants, workers, or contractors. The statute adds that a landlord 'may not abuse the right of access or use it to harass the tenant.' A tenant may not unreasonably withhold consent to lawful entry.
Violations & Penalties
A landlord who makes unlawful entry, repeated demands for entry, or harassment entitles the tenant to injunctive relief to prevent recurrence and to actual damages; the tenant may also terminate the rental agreement (§ 70-24-312).
Frequently Asked Questions
How much notice must a Montana landlord give before entering?
Can a Montana landlord enter without notice in an emergency?
What can a tenant do about repeated unlawful entries?
Sources
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