Montana Statewide Rule
Montana Bans Local Rent Control Statewide
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
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.
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?
Can a city in Montana pass its own rent control?
Is there a limit on how much rent can increase in Montana?
Sources
See something wrong?
Help us keep this page accurate. If you notice an error or outdated information, let us know.