Montana Rental Utility Laws: Who Pays and What Renters Need to Know

Understanding who is responsible for utility payments—like electricity, water, gas, and trash collection—can help Montana renters avoid disputes and plan their budgets confidently. Montana’s laws, outlined in the Montana Residential Landlord and Tenant Act, set clear expectations for landlords and tenants. This guide will explain how utility responsibility is determined, what to look for in your lease, and how to handle disputes about service charges.

How Utility Responsibility Is Decided in Montana Rentals

In Montana, there’s no automatic rule for who pays for utilities. Instead, your written rental agreement (lease) decides who must pay each bill. If there is no specific lease clause, state law uses default rules.

• Individual meters: If your rental unit has its own meter, the lease may make you responsible for those utility bills.
• Shared meters: If utilities serve multiple units (shared meters), landlords must pay unless the lease outlines a fair system for dividing costs.
• All utility agreements must be in writing for clarity and proof.

Always check your signed lease to see who’s listed as responsible for each utility.

What Must Be Disclosed in Montana Rental Agreements?

Montana law requires landlords to inform tenants—in writing—about any utility payment obligations beyond the rent (Mont. Code Ann. § 70-24-201(3)).

• If you’re asked to pay for utilities, this must be clearly stated in the rental agreement.
• Extra requirements apply for utility charges passed through a landlord (not billed directly to you by the utility company).

If you have a verbal (not written) lease, you may be protected from some added utility charges.

Special Rules: Shared, Master-Metered, and Sub-Metered Utilities

Sometimes, utilities are shared across units or entire buildings. In these situations:

• Landlords must disclose how charges are calculated if they're dividing bills among tenants.
• The process for dividing shared utilities should be reasonable and explained in your lease.

If there’s confusion or you believe you’re being unfairly charged, you can request a breakdown from your landlord and, if necessary, bring a complaint to the state’s Small Claims Court. For more details on the process, see the Montana Small Claims Court information page.

Common Utility Disputes & How to Resolve Them

If utilities are shut off, overbilled, or you face unresolved disputes, Montana law offers renters important protections:

• Landlords may not shut off essential utilities to force payment or eviction.
• Improper utility shutoff is illegal—even during a rent dispute.
• You may be entitled to damages or penalties if your utilities are unlawfully interrupted (Mont. Code Ann. § 70-24-428).

Montana’s Official Forms for Utility Disputes

• Tenant's Demand for Return of Possession or Restoration of Essential Services (Form Available via Local District Court): Use if your utilities are shut off improperly. Deliver this written demand to your landlord, and retain a copy. See District Court Forms for templates and instructions.
• Small Claims Complaint Form: If your utility dispute involves damages up to $7,000, file this form with your local justice court. Detailed instructions and official forms are available at the Montana Courts Small Claims page.

For both forms, provide a clear explanation of the issue, attach copies of your lease and utility bills, and submit to the relevant local court office.

What is the Official Board for Montana Rental Issues?

Montana does not have a dedicated landlord-tenant tribunal. Instead, disputes are typically handled by the Justice Court or City Court (Small Claims Division) depending on your county.

Review the official tenant guide on the Montana Department of Commerce Housing Division for more help.

FAQs: Montana Renters and Utility Payments

1. Can my landlord change who pays utilities after I move in?
   Not without your agreement. Any change in utility responsibility requires a new written agreement signed by you and the landlord.
2. If my landlord pays utilities, can they raise the rent if rates go up?
   Yes, but they must follow Montana’s notice rules for rent increases. Written notice is required, typically at least 30 days in advance for month-to-month rentals.
3. What if I move out before the billing cycle ends?
   Your lease should specify how final bills are split. If not, talk to your landlord in advance and get any arrangement in writing.
4. Can my landlord shut off utilities to try and evict me?
   No, this is illegal under Montana law and you may be entitled to damages if this happens.
5. How do I formally dispute an unfair utility charge?
   First, notify your landlord in writing, explaining your concern. If not resolved, you may file a claim in Montana Small Claims Court using the official complaint form.

Key Takeaways for Montana Renters

• Your lease determines whether you (the tenant) or your landlord pay for utilities.
• Landlords cannot legally shut off essential utilities, even during payment disputes.
• Use official forms and Small Claims Court for serious, unresolved utility disagreements.

Clarity, communication, and written agreements are your best protections for utility disputes in Montana.

Need Help? Resources for Renters

• Montana Department of Commerce: Rental Housing Guide – Rental FAQs and rights
• Montana Small Claims Court – File complaints for utility and other disputes
• Montana Law Help: Tenants' Rights – Legal information for renters
• Local court offices in your county—search for "Justice Court" or "City Court Montana" for direct contact

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1. Montana Residential Landlord and Tenant Act (MCA Title 70, Ch. 24)
2. Montana Code Annotated § 70-24-201: Landlord and tenant obligations
3. Mont. Code Ann. § 70-24-428: Unlawful removal or exclusion of tenant
4. Montana Courts: Small Claims Information and Forms
5. Montana Department of Commerce: Rental Resources for Residents

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