Montana Tenant Rights: Domestic Violence Protections

If you are a renter in Montana experiencing domestic violence, state law offers important protections to help you stay safe at home. Understanding your legal rights can make a difference in urgent situations. This guide explains how Montana tenants affected by domestic violence can change locks, break a lease, and seek support, with links to official resources and required forms.

Understanding Domestic Violence Protections for Montana Renters

Under Montana law, renters who experience domestic violence, sexual assault, or stalking have specific rights to help protect their safety. These rights include changing locks, ending a lease early, and protection from discrimination or retaliation by landlords.
These safeguards aim to empower tenants to take action for their personal security.

Your Right to Change Locks in an Emergency

If you have documentation of domestic violence, such as a court order or police report, you can request an emergency lock change. Montana’s Residential Landlord and Tenant Act (Title 70, Chapter 24 of Montana Code Annotated) allows tenants to request this protection.

  • Notify your landlord in writing, asking for locks to be changed due to a domestic violence situation.
  • Provide a copy of your protection order or police report with your request.
  • Your landlord must complete the lock change promptly and may require you to pay for the cost.
If the abuser is a co-tenant, you may ask your landlord not to provide them with a new key after the locks are changed.

Ending Your Lease Early if Your Safety Is at Risk

Montana law lets survivors of domestic violence end their lease early under certain conditions, protecting them from additional financial burden.

  • To end your lease, you must provide the landlord with written notice and documentation (such as a protection order or police report).
  • The lease will end 14 days after you deliver the notice, or on a later date you specify.
  • You are only responsible for rent through your last day in the unit.

Legal reference: Montana Code Annotated, Section 70-24-321

Required Forms and How to Use Them

  • Notice to Landlord of Domestic Violence Status (no standard form that is required, but the notification must be written and accompanied by one of the following):
    • Order of Protection: Used if you have a court-issued order protecting you from an abuser. Submit this with your written notice to your landlord.
    • Police Report: Used if an incident of domestic violence was reported to law enforcement; a copy can accompany your written request to the landlord.

For more details and sample notification letters, visit the Montana Courts - District Courts.

Your Rights Against Retaliation and Discrimination

Your landlord cannot refuse to rent to you or evict you solely because you are a survivor of domestic violence. These protections are enforced by Montana’s Residential Landlord and Tenant Act.

  • If you believe your landlord is retaliating, you may file a complaint or seek legal help.
  • Discrimination based on your status as a survivor is prohibited under state law.

Which Agency Handles Tenant Disputes in Montana?

If you and your landlord cannot resolve an issue related to domestic violence protections, you may need to seek help from the Montana District Courts, which handle housing disputes and protective orders. For rental complaints, the Montana Department of Public Health & Human Services can also offer guidance.

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Steps to Take if You Need Emergency Domestic Violence Protections

  • Document the violence with a police report or seek a court-issued protection order.
  • Notify your landlord in writing with the documentation for a lock change or lease break.
  • If your landlord does not comply, consider seeking mediation or filing with Montana District Court.
Key takeaway: Acting early and keeping written records can help protect your rights and safety as a tenant in Montana.

Frequently Asked Questions

  1. Can I change my apartment locks myself if I’m facing domestic violence?
    You must notify your landlord and provide documentation before locks can be changed. The landlord is responsible for completing or authorizing the change.
  2. What documentation do I need to break my lease because of domestic violence?
    You must provide a written notice along with a valid protection order or a recent police report related to domestic violence, sexual assault, or stalking.
  3. Will I still have to pay rent if I move out early under these protections?
    No. Montana law requires you to pay rent only for days you physically live in the unit after notifying your landlord and ending your lease due to domestic violence.
  4. What if my landlord tries to evict me after I report domestic violence?
    Evicting a tenant solely for being a domestic violence survivor is against Montana law. You may file a complaint with the Montana District Courts or seek legal aid.
  5. Can my abusive partner access a new key after the locks are changed?
    If the abuser is named on your lease, you can ask your landlord not to provide a new key to them for your safety.

Conclusion: Key Takeaways

  • Montana law offers emergency protections for renters experiencing domestic violence, including lock changes and early lease termination.
  • Proper written notice and documentation (such as a protection order or police report) are essential to invoke these rights.
  • If you face difficulties, state agencies and courts can assist with enforcing your tenant rights.

Need Help? Resources for Renters


  1. Montana Code Annotated Section 70-24-321
  2. Montana Residential Landlord and Tenant Act
  3. Montana District Courts
Bob Jones
Bob Jones

Editor & Researcher, Renter Rights USA

Bob writes and reviews tenant law content for various regions. They’re passionate about housing justice and simplifying legal protections for tenants everywhere.