Smoking Policies for Montana Renters: What to Know

Renters in Montana may face questions about smoking—whether it's allowed in their unit, how policies are communicated, and what to do if secondhand smoke becomes a problem. Montana doesn’t have one statewide law banning or forcing landlords to allow smoking, but both landlords and renters have responsibilities under state rules. Understanding these helps you know your rights and what to look for when you move in.

Montana Rental Laws on Smoking: The Basics

There is no Montana state law that outright bans or permits smoking (including cigarettes, cigars, vapes, and marijuana) in private rental units. This means:

• Landlords can choose whether to allow or ban smoking anywhere on their rental property.
• A property’s smoking policy must be stated in the rental agreement (lease).
• Renters should review and agree to the policy before signing the lease.

The Montana Residential Landlord and Tenant Act of 1977 (MT Code Annotated Tit. 70, Ch. 24) covers landlord and tenant rights, including rules for property conditions and required disclosures.^[1]

What Landlords Must Disclose About Smoking

Under Montana law and good rental practice, lease agreements must clearly state the smoking policy.

• If the property is totally smoke-free, it must say so in writing.
• If designated smoking areas exist, the rules should be listed.
• If smoking is allowed, any restrictions (for instance, only outside or on balconies) must be in the lease.

If a landlord changes the smoking policy, renters should get an updated lease or written addendum.

Secondhand Smoke and Renter Rights

Secondhand smoke can be more than a nuisance—it may impact your use and enjoyment of your home. Montana law says landlords must provide safe and habitable housing. If smoke from another unit enters yours and makes living conditions unsafe, you may have rights to ask for repairs or remediation.

You can use the state’s general repair request process to address smoke issues. For rental disputes, the official body is the Montana Justice Courts, which handle landlord–tenant matters.^[2]

Official Montana Forms for Rental Issues

• Notice of Condition (MT Form 7-3-211)
  When and how to use: If you experience smoke from a neighbor and believe it violates your lease or Montana’s "fit for human habitation" requirements, you can use this form to formally notify the landlord and request remediation. Example: You smell tobacco smoke entering your unit regularly, and your lease says the building is non-smoking. You may fill out this notice and deliver it to your landlord.
  Get the Notice of Condition form from the Montana Judicial Branch
• Montana Residential Lease Agreement (no specific form number)
  When and how to use: At move-in, make sure your lease clearly spells out smoking rules. If changes are made later, ensure you receive and sign an addendum or new lease.
  View official landlord-tenant forms from Montana Courts

Moving In: What to Look For

Before signing a lease, always:

• Check if the smoking policy is in writing (if it’s not, ask for it to be added!)
• Inspect your unit for odors, residue, or signs of smoke damage during walkthroughs
• Take photos and document any issues before you move in

How to Address a Smoking Problem as a Montana Renter

If secondhand smoke becomes an issue in your rental:

• Review your lease and Montana tenant rights.
• Notify your landlord in writing (use the Notice of Condition if appropriate).
• Request remediation, such as additional cleaning or repairs.
• If unresolved, you may file a complaint or open a case in Montana Justice Court.

Document everything—communications, photos, and issues. Filing official written notices helps protect your rights.

FAQ: Smoking in Montana Rental Units

1. Can my landlord ban smoking in my apartment?
   Yes. Montana law lets landlords make their own smoking policies. If your lease bans smoking, it’s enforceable.
2. How do I get a copy of my building’s smoking policy?
   The smoking policy should be part of your written lease. Ask your landlord directly; if needed, request a copy in writing.
3. What should I do if my neighbor’s smoke is entering my unit?
   Document the issue, notify your landlord in writing, and use the Notice of Condition form if it impacts your health or violates your lease.
4. Does Montana ban marijuana or vaping in rentals?
   Recreational marijuana is legal for adults in Montana, but landlords can still prohibit its use (including vaping) in their properties.
5. Who can help if my landlord won’t act?
   You may file a housing complaint with the Montana Justice Court or contact a legal aid organization for support.

Need Help? Resources for Renters

• Montana Justice Courts – Handles landlord–tenant disputes
• Montana Residential Landlord and Tenant Act – Full legal text
• Official Montana landlord-tenant forms
• Montana Legal Services Association – Free tenant legal help

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1. Montana Residential Landlord and Tenant Act of 1977
2. Montana Justice Courts – Landlord-Tenant Information

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