Montana Renters: Preventing Unannounced Landlord Entry

If you’re renting in Montana, your right to privacy is protected by state law. Unannounced landlord visits can be unsettling and disruptive. Understanding what counts as lawful entry—and what to do if your landlord repeatedly arrives without notice—can help you feel more secure at home. This guide explains your privacy rights, key steps you can take, and official resources to help address unwanted visits in Montana.

Your Right to Privacy as a Montana Renter

Montana’s Residential Landlord and Tenant Act protects your right to private enjoyment of your rental. Landlords cannot enter your home without proper notice—except in limited emergencies.

  • 24-Hour Written Notice Required: For most non-emergency reasons such as repairs, inspections, or showing the property, your landlord must provide at least 24 hours’ written notice before entering.
  • Emergency Exception: No notice is required if there’s an urgent emergency, such as a burst pipe or fire.
  • Reasonable Times: Entry after proper notice must occur at reasonable times, typically during normal business hours unless you agree otherwise.

What Is Considered an Illegal Entry?

If your landlord enters your space without giving you 24 hours’ notice and there isn’t an emergency, this is generally considered illegal under Montana law.

  • Repeated unauthorized entry can be a violation of your right to quiet enjoyment.
  • It may entitle you to reduce rent or terminate your lease—following proper procedures.

Common Scenarios

  • Landlord comes by to inspect without warning: Illegal unless emergency.
  • Landlord gives a call only an hour before arrival: Insufficient—must be at least 24 hours and written.
  • Emergency, like water leak flooding the apartment: No notice required.
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How to Respond to Unannounced Visits

If your landlord visits without proper notice, calmly document and address the situation. Here’s what to do:

  • Document Each Incident: Note the date, time, and details. Take photos if appropriate and keep texts/emails.
  • Send a Written Request: Politely remind your landlord in writing (letter, email, or Montana’s official forms) that 24-hour written notice is required by law. Keep a copy of all correspondence.
  • Use Official Forms:
    • Notice to Remedy or Correct (Form: “Tenant’s Notice of Landlord’s Breach”) – This official Montana form can be used to notify your landlord of a breach, such as entering without notice. It requests the landlord to stop the behavior and fix the issue within a set time.
      When to use: If your landlord repeatedly enters without notification.
      Find the Tenant’s Notice of Landlord’s Breach form here.
If the problem continues and the landlord ignores your written requests, you may have the right to end your lease or seek help from a local court.

Where to Take Your Complaint

If informal solutions and the official form do not work, you may file a claim with your local Montana Justice Court, which handles landlord-tenant matters.

Official Forms and Filing Process

Montana does not require a specific form for complaints to the court, but using the “Tenant’s Notice of Landlord’s Breach” is a vital first step.

  • Tenant’s Notice of Landlord’s Breach
    • Name/Number: Tenant’s Notice of Landlord’s Breach (no number assigned)
    • How to use: Fill out and deliver to your landlord when they violate entry laws. If the behavior continues after the notice period, you may proceed with a legal claim.
    • Access the official form here

Refer to the Montana Residential Landlord and Tenant Act for full entry rules and remedies.

Actions You Can Take If The Issue Persists

  • Consult with Montana Legal Services Association for free tenant legal help.
  • File a complaint with your local Justice Court if the landlord continues illegal entry after official written notice.
  • Request to terminate your lease, with written documentation, if repeated privacy rights are ignored.

Frequently Asked Questions

  1. Can my landlord enter my rental without any notice in Montana?
    Generally, no. Montana law requires at least 24 hours’ written notice for non-emergency entry. Only in true emergencies, like urgent repairs or safety concerns, can the landlord enter without notice.
  2. What should I do if my landlord keeps showing up without warning?
    Document each incident, notify your landlord in writing about the breach, and use the Tenant’s Notice of Landlord’s Breach form. If it continues, consider contacting the Justice Court or legal aid.
  3. How do I formally notify my landlord about unauthorized entry?
    Use Montana’s Tenant’s Notice of Landlord’s Breach form to officially inform your landlord in writing, and keep a copy for your records. The form is available on the Montana Judicial Branch website.
  4. Can I break my lease because my landlord keeps violating my privacy?
    In certain circumstances, repeated violations of entry laws may allow you to break your lease, but you must follow the required notice and use official procedures. Review Montana’s laws or get legal counsel before taking this step.
  5. Where do I file a complaint if the situation isn’t resolved?
    Complaints and disputes are handled by your local Montana Justice Court. Find your court through the official directory.

Key Takeaways

  • Montana law requires landlords to give at least 24 hours’ written notice before entering for non-emergencies.
  • You can use the Tenant’s Notice of Landlord’s Breach form to alert your landlord if your rights are violated.
  • If unannounced visits don’t stop, document everything and seek help from Justice Court or legal aid.

Need Help? Resources for Renters


  1. Montana Residential Landlord and Tenant Act (Mont. Code Ann. § 70-24-312 & § 70-24-422)
  2. Montana Judicial Branch: Official Housing Forms
  3. Montana Justice Courts (Tribunal)
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.