Montana Rules for Renters in Hotels and Motels

If you're renting a room in a hotel or motel in Montana, it's important to understand when you become a 'tenant' with legal protections rather than just a guest. Montana law makes certain distinctions, especially concerning eviction procedures and your right to stay. This guide breaks down your rights, responsibilities, and the specific rules that apply to renters living in hotels and motels in Montana.

When Does a Hotel or Motel Guest Become a Tenant?

In Montana, staying in a hotel or motel doesn't automatically make you a tenant under state landlord-tenant law. Generally, short-term stays are treated differently from traditional leases. However, if you establish residency—such as by staying for at least seven days or paying rent on a weekly or monthly basis—you may gain additional rights and protections.

• Short-term guests: Often considered "transient occupants" and not protected by Montana landlord-tenant laws.
• Long-term residents: If you stay for 7 or more days and consider the motel your primary home, you may become a tenant under the Montana Residential Landlord and Tenant Act.
• Signs of tenancy can include receiving mail there, registering to vote, or using the hotel/motel address for official documents.

Legal Protections and Eviction Rules for Motel and Hotel Residents

Once you are legally considered a tenant, you have protections against immediate removal and are entitled to notices and court procedures before eviction.

• Notice requirement: Landlords must give you proper written notice before ending your stay or beginning eviction proceedings.
• Eviction process: A landlord must follow Montana state law to evict you, usually requiring a court order.
• If you are considered a tenant, you cannot be locked out or have your possessions removed without following the correct legal process.

Montana Tenancy Forms for Hotel and Motel Renters

Specific forms are used if you need to respond to an eviction notice or want to assert your tenancy status. Below are key forms relevant to renters living in hotels/motels:

• Notice to Vacate: There is no specific state-required form, but hotel/motel owners must provide written notice. For example, if you receive a written eviction notice after more than seven days, you may have rights as a tenant and should respond in writing. See guidance from the Montana Courts for responding to notices.
• Answer to Eviction (Forcible Entry and Detainer) – Form: Use the "Answer" supplied by the Montana Court System if your motel/hotel seeks to remove you through court. This lets you explain your situation before the judge.

Which Tribunal Handles Hotel or Motel Rental Disputes?

Eviction and tenancy disputes in Montana are handled through the Montana Justice Courts. These courts process landlord-tenant cases, including those involving motels and hotels where a renter claims to be a legal tenant.

Montana Tenancy Laws That Apply

The relevant law is the Montana Residential Landlord and Tenant Act of 1977. Sections of this law may apply to long-term hotel or motel residents with tenant status, covering notice periods, eviction procedures, and renter protections.^[1]

Summary: Rights and Responsibilities for Hotel and Motel Residents

• Short-term guests (less than 7 days) usually do not have tenant protections.
• Long-term hotel/motel occupants may gain key renter rights after 7 days or more.
• Eviction must follow Montana law if you are a tenant — you cannot simply be forced out without notice and a court order.
• Written forms and proper notice are crucial. Save all paperwork and respond promptly to any notices.

FAQ: Montana Renters in Hotels and Motels

1. When does someone staying in a motel become a tenant in Montana?
   Usually after seven consecutive days or making the motel your main home, you may gain tenant rights under state law.
2. Can a hotel owner evict me without notice in Montana?
   No, not if you qualify as a tenant. You must be given written notice, and landlords must follow court processes before removing you if you meet tenant criteria.
3. What should I do if I’m threatened with eviction from my hotel room?
   Ask for written notice, keep records, and file an Answer with the court if served with eviction papers. Seek legal help as soon as possible.
4. Where can I find the official forms for responding to a hotel/motel eviction?
   Visit the Montana Court Forms page for eviction response forms, or contact your local Justice Court.
5. Which tribunal handles hotel/motel tenancy disputes in Montana?
   Cases go to the Montana Justice Court.

Need Help? Resources for Renters

• Montana Justice Courts: Handles landlord-tenant cases including motel/hotel disputes.
• Montana Residential Landlord and Tenant Act of 1977: State legislation for rental protections.
• Montana Legal Services Association: Free legal advice for renters facing eviction or legal trouble.
• Montana Court Forms: Access forms needed to respond to evictions or file complaints.

---

1. ^[1] See the Montana Residential Landlord and Tenant Act of 1977

Categories

Renter Rights & Legal Protections Lease Agreements & Renewals Rent, Fees & Security Deposits Moving In: Inspections & Disclosures Moving Out & Ending a Lease Maintenance, Repairs & Habitability Health & Safety Standards Evictions & Lease Violations Roommates, Subletting & Shared Housing Discrimination & Fair Housing Laws Accessibility & Disability Accommodations Utilities, Services & Billing Affordable Housing & Rental Assistance Rent Control & Rent Stabilization Privacy Rights & Landlord Entry Security, Locks & Emergency Protections Dispute Resolution & Legal Aid Retaliation & Harassment Protections Mobile Home & Manufactured Housing Rights Special Housing Types & Situations