Montana Tenant Rights in Short-Term Vacation Rentals

If you’re renting a property in Montana as a short-term or vacation renter, it’s important to understand your legal rights and the responsibilities of both tenants and landlords. Montana has laws that cover a variety of rental situations, including those for stays less than 30 days, Airbnb-type rentals, and traditional short-term leases. This guide explains your protections, deposit rules, notices, and where to get help if you have issues with your rental.

What Is a Short-Term Vacation Rental in Montana?

Short-term rentals refer to property rented for periods under 30 days, often listed on platforms like Airbnb or VRBO. In Montana, most landlord-tenant laws still apply to these arrangements, but there are some unique rules that may affect you as a short-term renter.

Does Montana Landlord-Tenant Law Apply to Short-Term Tenancies?

Montana’s Residential Landlord and Tenant Act (Montana Code Annotated Title 70, Chapter 24) covers most rental arrangements, but with some exceptions. Vacation or short-term rentals are generally covered unless the landlord provides accommodations in a hotel, motel, or similar setup with daily or weekly rates and regular maid services.^[1]

• If you rent a house, apartment, or condo for under 30 days, most tenant protections (like requirements for written notice and return of deposits) still apply.
• For hotel or motel-like stays, the arrangement may not be covered — check your agreement and ask the owner or manager if you’re unsure.

If you’re unsure whether your rental is covered, it’s best to check directly with the Montana Department of Commerce Housing Division.

Your Basic Rights as a Short-Term Renter

• Right to Safe and Habitable Housing: Your rental must meet basic safety and cleanliness standards, with working locks, heat, plumbing, and sanitary conditions.^[2]
• Security Deposits: Landlords can collect a deposit but must return it, minus eligible deductions, within 30 days after you move out.^[3]
• Evictions: You can only be evicted with proper written notice and for legal reasons—such as non-payment, violating rental terms, or end of the lease period.
• Disclosures: Landlords must provide their contact details and disclose known hazards.

While most rights apply, some rules—like notice periods—may be slightly different for very short stays. Always review your rental agreement and communicate in writing.

Official Forms for Short-Term Tenants in Montana

In most short-term situations, you may not be asked to sign a standard lease form, but landlords are still allowed to use lease or rental agreement forms. Here are two important forms you should know:

• Notice of Termination (MT Form 70-24-427)
  Use: If the landlord asks you to leave, or you need to give notice, this form documents the process. For example, if your 14-day stay is ending and you wish to extend or leave early, written notice is recommended.
  Where to find: Montana Court Landlord/Tenant Forms
• Security Deposit Itemization (No official form required, but recommended)
  Use: After you move out, your landlord must give you a written itemization explaining any deposit deductions.
  Example: If you stayed in a short-term rental for two weeks and caused damage, you should receive this breakdown with your deposit refund.
  Where to find: Montana Deposit Return Law

How to File a Complaint or Seek Help

If you experience problems (unsafe conditions, illegal eviction, etc.), you can:

• Contact the Montana Department of Commerce Housing Division for state-wide guidance.
• File a complaint or consider a claim in your local Justice Court, which primarily handles landlord-tenant disputes in Montana.

Evictions and Short-Term Rental Rules

Even in short-term rentals, landlords must give written notice before evicting a tenant. The amount of notice depends on the reason:

• Nonpayment of Rent: Landlords must provide at least 3 days’ written notice.
• Violation of Rental Terms: Typically, 3 to 14 days’ notice is required, depending on the violation.
• No Cause: If the lease is expiring, the landlord must still communicate in writing.

Refer to Montana Eviction Laws for more details.^[4]

Montana Tribunal or Board for Renters

Montana does not have a standalone landlord-tenant tribunal. Residential disputes—such as deposit disputes, eviction challenges, or habitability claims—are typically handled through Justice Court or District Court in your county.^[5]

What to Do If There’s a Dispute

If your landlord is not returning your deposit or is evicting you unfairly, document your communications. Try to resolve the issue directly, but if it can’t be resolved, consider these steps:

• Write a clear, dated letter to your landlord explaining your issue.
• If they don’t respond, complete a complaint in the appropriate Justice Court in your county.
• Bring all supporting documents, photos, and your original rental agreement (if any).

Justice Court staff can provide basic information, but they cannot offer legal advice.

Frequently Asked Questions: Short-Term Rentals in Montana

1. Are Airbnb or VRBO-type rentals in Montana covered by landlord-tenant law?
   Yes, unless the rental is more like a hotel or motel with daily rates and maid service. If you rent a home or apartment for less than 30 days, most rights and responsibilities apply.
2. How much notice does a short-term renter get before eviction?
   For nonpayment or violations, Montana requires at least 3 days’ written notice. Always get notice in writing.
3. What happens to my security deposit in a short-term rental?
   Landlords must return your deposit, with an accounting of any deductions, within 30 days after you move out, as required by Montana law.
4. Where do I go if I have a dispute about my short-term rental?
   You can contact the Montana Housing Division for guidance, or file a claim through your local Justice Court.

Key Takeaways for Montana Short-Term Tenants

• Most short-term and vacation rentals in Montana are granted tenant rights like safe housing and notice before eviction.
• You are entitled to the return of your security deposit within 30 days, minus allowable deductions.
• If you face problems, Montana’s Justice Court handles most rental disagreements between tenants and landlords.

Need Help? Resources for Renters

• Montana Department of Commerce Housing Division – State programs, complaints, and renter resources
• Montana Justice Courts – File disputes or get court information
• Montana Residential Landlord and Tenant Act – Complete legal text
• Montana Official Landlord-Tenant Forms
• Legal Help: Call Montana Legal Services Association for low-cost legal advice

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1. Montana Code Annotated 70-24-104 – Exclusions to coverage
2. Landlord's Obligations – Montana Code 70-24-303
3. Security Deposit Return Law
4. Montana Code 70-24-422 (Eviction Notice)
5. Montana Justice Courts: Landlord-Tenant Disputes

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