Can Landlords Raise Rent During a Lease in Montana?

If you’re renting in Montana, you may wonder whether your landlord can legally increase your rent during your lease term. Understanding your rights under Montana law helps protect you from unexpected rent hikes and ensures you know what steps to take if an issue arises. This article explains your protections, any exceptions, and what to do if an illegal increase is attempted.

Montana Law on Rent Increases During a Lease

In Montana, the rules about rent increases depend on what type of rental agreement you have. State law is clear on the distinction between fixed-term leases (a set start and end date, e.g., one year) and month-to-month rental agreements. The main legislation protecting renters is the Montana Residential Landlord and Tenant Act.^[1]

Fixed-Term Lease Agreements

If you are under a fixed-term lease (for example, a 12-month lease), your landlord cannot raise the rent until the lease ends, unless:

• The lease itself includes a specific clause allowing rent changes during the term, with the process clearly spelled out.
• You and your landlord both agree in writing to modify the lease terms (such as a rent increase).

Month-to-Month (or Periodic) Rental Agreements

For month-to-month agreements, landlords can raise the rent, but only with at least 30 days’ written notice before the next rental period begins. The notice must be delivered in writing as required by Montana law.^[2]

Notice Requirements for Rent Increases

Montana statutes require landlords give written notice for any rent increase under a periodic tenancy, such as a month-to-month lease.

• Notice period: At least 30 days before the increase takes effect
• Delivery: The notice must be provided in writing and can be personally delivered, mailed, or hand-delivered to the address provided on the lease agreement

What If My Landlord Tries to Raise My Rent During My Fixed Lease?

If you receive a notice of rent increase during a fixed-term lease (and your lease does not allow for it), this is generally not legal in Montana. You are protected by your written agreement. If your landlord insists, you can:

• Politely remind your landlord that Montana law protects your current rent amount for the life of your lease
• Show them your signed lease as evidence
• Contact the Montana Department of Commerce Housing Division for guidance
• If necessary, seek legal advice or mediation

Official Forms and Where to Find Help

• Notice of Rent Increase (No Official Form Number): Used by landlords to notify tenants of rent increases for month-to-month tenants. You can view typical templates or requirements on the Montana Housing Notice of Rent Increase. If you receive this during a fixed-term lease, verify the legality as described earlier.
• Complaint Form (Dispute): If your landlord unlawfully raises your rent, you may file a dispute with the Montana Department of Commerce Housing Division by following their Complaint Form. This helps initiate a formal resolution.

For example, if your landlord gives you a Notice of Rent Increase while you are still under a 12-month lease and you did not previously agree to such a clause, you would not need to comply. Instead, you could submit the Complaint Form to address the matter.

Who Handles Rental Disputes in Montana?

Landlord-tenant disputes, including wrongful rent increases, are handled by your local Montana Justice Court.

If you receive a written notice of rent increase before your lease ends, check your lease terms and know your rights. Talk to your landlord and seek help if needed.

FAQ: Rent Increases and Lease Protections in Montana

1. Can my landlord raise rent during a 12-month lease in Montana?
   No, unless your lease has a written clause allowing this, your rent amount is locked for the full lease term.
2. How much notice must my landlord give to raise rent for a month-to-month lease?
   Montana law requires at least 30 days’ advance written notice.
3. What should I do if I get a rent increase notice while my fixed lease is still active?
   Politely remind your landlord of your protections. If it continues, contact local housing authorities or seek legal help.
4. Who do I contact if my landlord tries to increase rent illegally?
   File a complaint with the Montana Housing Division or consult your local Justice Court.
5. Are there rent control laws or rent caps in Montana?
   No, Montana does not have statewide rent control, but rent cannot be raised in violation of a signed fixed-term lease.

Key Takeaways for Montana Renters

• Rent cannot be raised during a fixed-term lease unless your lease allows it and you agree in writing
• For month-to-month rentals, landlords must provide 30 days’ written notice for any rent increase
• If you face an illegal rent increase, use official state complaint procedures and seek help

Understanding these basics can help you feel more secure in your home and empowered to handle rent disputes.

Need Help? Resources for Renters

• Montana Department of Commerce Housing Division – Dispute Information & Forms
• Montana Justice Court – Handles Landlord-Tenant Disputes
• Montana Legal Services Association – Tenant Advice & Sample Letters
• Montana Residential Landlord and Tenant Act – Full Legislation

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1. Montana Code Annotated 2023, Title 70, Chapter 24 – Residential Landlord and Tenant Act
2. Montana Code Annotated, Section 70-24-207 – Notice of Rent Increase

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