Montana Basement Apartment Rental Laws: Renter Rights Guide

Renting a basement apartment in Montana comes with unique considerations. These units can offer affordable and flexible housing, but Montana law sets clear requirements to protect renter safety, privacy, and tenancy rights. Whether you’re about to sign a basement lease or have concerns about your current unit, understanding state rules helps you make informed choices and assert your rights as a renter.

What Makes a Basement Apartment Legal in Montana?

Not all basement rentals are legal or meet essential safety standards. Montana’s Residential Landlord and Tenant Act requires all rental units, including basement apartments, to meet certain conditions:

• Safe and Habitable: The unit must have heating, venting, working plumbing, and electricity.
• Emergency Egress: At least one window or door in sleeping areas must provide a safe exit during emergencies.
• Smoke and Carbon Monoxide Alarms: These must be in place and working.
• Separate Entrances: If required by local code, the basement unit must have a private entrance.

Local city or county codes may have additional requirements for basement occupancy. Always check with your city building department for details.

Montana Renter Rights and Basement Apartments

All renters in Montana—regardless of apartment type—receive protections under the Montana Residential Landlord and Tenant Act (Title 70, Chapter 24):

• Right to a Written Lease: Agreements can be written or verbal, but a written lease protects both parties.
• Repairs & Habitability: Landlords must make repairs needed to keep the property liveable.
• Notice for Entry: Landlords must give 24 hours’ notice before entering except in emergencies.
• Security Deposit Rules: Security deposits must be returned within 10 days (no damage), or 30 days (with deductions and itemized list).
• Notice Before Rent Increase or Termination: For month-to-month leases, at least 30 days’ written notice is required to end tenancy.

For complete details, visit the Montana Department of Labor & Industry Renter/Owner Rights page.

Is Your Basement Apartment Legal? What To Check

Many Montana renters aren’t sure if their unit meets legal standards. Here are key questions to review:

• Does every room you sleep in have a window or safe exit?
• Are smoke and CO alarms present and operational?
• Is the ceiling height at least 7 feet? (Check local code for minimums.)
• Is there heating and adequate ventilation?
• Can the address receive mail and utilities in your name?

If you discover unsafe conditions, talk to your landlord and request repairs in writing. If issues remain unresolved, you have the right to contact your local code enforcement office or the residential landlord and tenant tribunal listed below.

Montana Tenancy Forms: What Renters Might Use

• Montana 30-Day Notice to Terminate Tenancy
  Use: For renters or landlords ending a month-to-month tenancy.
  Example: A renter uses this to notify their landlord of moving out of a basement apartment.
  View forms from Montana Courts
• Rental Housing Complaint Form – Montana Department of Environmental Quality
  Use: To report unsafe or unhealthy housing, such as lack of emergency exits or heating.
  Example: If your basement unit lacks a proper egress window, file this form.
  File a housing complaint

Which Agency Handles Rental Disputes in Montana?

The Montana Justice Courts manage most residential tenancy matters, including eviction, deposit, and health & safety disputes. For habitability or code issues, contact your local County Health Department.

Key Montana Laws for Renters

All Montana tenants—including those renting basement apartments—are covered by the Montana Residential Landlord and Tenant Act (Title 70, Chapter 24, MCA).

1. Is my landlord required to make repairs to my basement apartment?
   Yes. Landlords must keep any rental unit “fit and habitable,” including working plumbing, heating, and safe entry/exits. If repairs aren’t made after written notice, renters have legal options.
2. How much notice does my landlord need to give before ending my lease?
   For month-to-month rentals, Montana requires at least 30 days’ written notice. Fixed-term leases follow the end-date unless otherwise stated in the lease.
3. Can I report my basement rental if it seems unsafe?
   Yes. Contact your landlord first in writing. If unresolved, use the Montana Department of Environmental Quality’s complaint form or reach out to local code enforcement.
4. Do I have to let my landlord enter my basement apartment?
   Landlords must provide 24-hour written notice before entry, unless there’s an emergency.
5. Will my security deposit be returned after I move out?
   Landlords must return the security deposit within 10 days if there are no deductions. If deductions apply, you must receive an itemized list within 30 days.

Conclusion: What Montana Basement Renters Should Know

• All basement apartments in Montana must meet safety and habitability standards.
• You’re protected by state tenancy rules regardless of unit type.
• If you have a problem, document it and use official forms or contact local authorities for support.

Being aware of your rights helps you maintain a safe and secure rental arrangement.

Need Help? Resources for Renters

• Montana Justice Courts – Tenant Disputes
• Montana Department of Labor & Industry: Renter/Owner Rights
• Montana Department of Environmental Quality: File a Complaint
• Montana Residential Landlord and Tenant Act
• County Health Departments (Health & Safety)

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1. Montana Residential Landlord and Tenant Act (Title 70, Chapter 24, MCA)
2. Montana Department of Labor & Industry: Renter/Owner Rights
3. Montana Department of Environmental Quality: Rental Housing Complaint Form
4. Montana Justice Courts
5. Montana County Health Departments

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