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Montana Statewide Rule

Montana Bans Local Rent Control Statewide

Few RestrictionsApplies statewide across Montana (2026)

Key Facts

Local rent control
Banned (state-preempted)
Statewide rent cap
None
Preemption statute
Mont. Code Ann. § 7-1-111(26)
Cities with rent control
None
Last verified: September 5, 2026Source: Montana Legislature

Summary

Rent control is prohibited at the local level in Montana. Mont. Code Ann. § 7-1-111(26) denies every local government any power to control the amount of rent charged for private residential or commercial property. There is no statewide rent cap, and no Montana city has rent control.

(26) any power to control the amount of rent charged for private residential or commercial property. Private residential property does not include property in which the local government unit has a property interest or in which the local government unit has an interest through a housing authority.

Source: Montana LegislatureView official code

Full Breakdown

Montana broadly preempts local rent regulation. Mont. Code Ann. § 7-1-111 lists powers denied to local governments, and subsection (26) bars a local government from exercising "any power to control the amount of rent charged for private residential or commercial property." The 2023 Legislature added this preemption (HB 463, signed March 2023), extending the ban to both residential and commercial property; the only carve-out is property in which the local government holds an interest, such as housing it owns or operates through a housing authority. Because the state occupies this field, no Montana county, city, or town may enact a rent-control ordinance or a cap on rent increases, and Montana sets no statewide ceiling on rent or rent increases. No Montana municipality currently has rent control.

Violations & Penalties

Any local rent-control ordinance or resolution is void as preempted by Mont. Code Ann. § 7-1-111(26); a local government simply lacks authority to enact one. An affected landlord could challenge such a measure in court, where it would be struck down. The state imposes no statewide cap on rent increases.

Frequently Asked Questions

Is rent control legal in Montana?
No. Mont. Code Ann. § 7-1-111(26) denies local governments any power to control the amount of rent charged for private residential or commercial property, and Montana has no statewide rent control. Landlords set and raise rent freely, subject only to the lease and notice rules.
Can a city in Montana pass its own rent control?
No. Mont. Code Ann. § 7-1-111(26) expressly denies every Montana local government the power to control rent on private property. A 2023 law (HB 463) cemented this ban for both residential and commercial property, so any local rent-control ordinance would be void as state-preempted.
Is there a limit on how much rent can increase in Montana?
No. Montana has no statewide cap on rent increases, and cities are barred from setting one. For a periodic tenancy a landlord generally must give proper written notice before raising rent, but there is no limit on the amount of the increase.

Sources

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