How to Challenge an Illegal Rent Increase in Montana

If you rent a home in Montana and your landlord raises your rent unexpectedly, you might be unsure whether the increase is legal—or what to do next. While Montana does not have statewide rent control, landlords must still follow the rules set by state law. This guide explains how renters in Montana can challenge an illegal rent increase, provides links to official resources, and highlights essential steps renters can take to protect their rights.

When is a Rent Increase Illegal in Montana?

Montana law allows landlords to increase rent, but only with proper notice and according to your lease agreement. Here are the main conditions your landlord must follow:

• Notice Requirement: For month-to-month tenants, landlords must give at least 30 days’ written notice before a rent increase.
• Fixed-Term Leases: If you have a lease for a specific period (like 12 months), the landlord cannot raise the rent during that period unless the lease says otherwise.
• No Retaliation: Landlords cannot raise rent to retaliate against you for exercising your legal rights (such as requesting repairs or filing a complaint).
• Discrimination Prohibited: Rent increases cannot be based on discrimination against protected classes, as outlined by federal and Montana laws.

You can read the details about rent increases and notice requirements in the Montana Residential Landlord and Tenant Act of 1977.¹

Steps to Challenge an Illegal Rent Increase

If you believe your rent increase is illegal, it’s important to act quickly and keep good records. Below are the steps you can take:

1. Review Your Lease and Montana Law

• Check your lease agreement for rent increase clauses.
• Review the Montana Residential Landlord and Tenant Act regarding notice and rental terms.

2. Gather Documentation

• Keep copies of your lease, rent payment records, and any written communication from your landlord.
• Save the notice of rent increase; note the date you received it.

3. Communicate in Writing

• Send a written letter to your landlord stating why you believe the rent increase is not legal (for example, insufficient notice or mid-lease increase).
• Keep a copy of all correspondence.

4. Use the "Tenant’s Complaint Form"

• Form Name: Tenant’s Complaint Form (no official form number).
• When & How to Use: If the landlord does not resolve the issue, submit this form to your local Montana Justice Court (which handles residential landlord/tenant matters). Use it to formally state your complaint regarding an illegal rent increase. The form can also be mailed or submitted in person to the clerk of your county’s Justice Court. Download the Tenant’s Complaint Form here.
• Example: "My landlord increased my rent $200 with just 10 days’ notice. I have a month-to-month lease, and the increase should require 30 days’ notice under Montana law."

5. File a Complaint with Justice Court

• The Montana Justice Court is the official tribunal handling landlord/tenant disputes in Montana.
• File your completed Tenant’s Complaint Form along with any supporting documents.
• The court will schedule a hearing, where you can present your case.

6. Attend the Hearing

• Bring all your documents, including your lease, written communications, and a copy of the notice you received.
• The Justice Court will make a decision based on the evidence presented.

Most disputes are resolved at this stage, but always keep records and follow up promptly.

FAQ: Challenging Rent Increases in Montana

1. Can my landlord raise the rent any amount in Montana?
   No, landlords can increase rent, but only after providing at least 30 days’ written notice for month-to-month rentals. They must also follow lease agreements and cannot increase rent as retaliation or for discriminatory reasons.
2. If my landlord raises my rent without proper notice, what should I do?
   Send your landlord a written statement explaining the legal notice requirement, and request a correction. If unresolved, fill out the Tenant's Complaint Form and contact your local Justice Court.
3. Where can I find the law on rent increases in Montana?
   The relevant rules are covered in the Montana Residential Landlord and Tenant Act of 1977.
4. Who do I contact if I need legal help as a tenant?
   You can reach out to the Montana Justice Court or Montana Legal Services Association for advice and support.

Conclusion: What Montana Renters Should Remember

• Montana landlords must give 30 days’ written notice for any rent increase on month-to-month rentals.
• You can file a complaint with Justice Court if an increase does not follow the law.
• Always keep copies of your lease, rent records, and any written communication with your landlord.

Staying informed and acting quickly helps protect your rights as a renter in Montana.

Need Help? Resources for Renters

• Montana Justice Court: Handles landlord/tenant matters and rent dispute filings.
• Montana Legal Services Association: Free or low-cost assistance for eligible renters.
• Montana Residential Landlord and Tenant Act: Full text of tenant protections and housing laws.
• Montana Justice Court Forms: Download tenant complaint forms and instructions.

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1. Montana Residential Landlord and Tenant Act of 1977
2. Montana Justice Court – Residential Landlord/Tenant Disputes
3. Montana Legal Services Association

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