Montana Statewide Rule

Montana Statute Preempts Local Rent Control Ordinances

Few RestrictionsApplies statewide across Montana (2026)

Montana law expressly prohibits cities, counties, and other political subdivisions from enacting any form of residential rent control. The preemption applies regardless of housing emergency declarations or local voter initiatives.

Key Facts

Statute: MCA 7-1-114
Preemption: Express statewide
Applies to: Cities and counties
Affordable housing: Voluntary only

Source: Montana Legislature

Full Breakdown

MCA 7-1-114 and related provisions prohibit Montana local governments from regulating the amount of rent charged for private residential property. The legislature has determined that rent stabilization, rent caps, and rent freezes interfere with property rights and the free market, and these matters are reserved exclusively to the state. Voluntary affordable housing agreements tied to public subsidies remain permissible, but mandatory rent control on privately financed dwellings is barred. This preemption mirrors restrictions found in most other Mountain West states.

Violations & Penalties

Local rent control ordinances are void and unenforceable. Landlords may seek declaratory judgment, injunctive relief, and attorney fees against any municipality attempting enforcement.

Frequently Asked Questions

Can a Montana city pass a rent control ordinance?

No. Montana law preempts all local rent control. Any ordinance attempting to cap or freeze rents on private residential property is void and unenforceable.

Are there any limits on rent increases in Montana?

Outside the lease term, landlords must give written notice before raising rent on month-to-month tenancies under MCA 70-24-311, but no statewide cap exists on increase amounts.

Sources

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