Montana Tenant Rights: Changing Your Apartment Locks Legally
Feeling safe at home is a top priority for every renter. If you’re renting in Montana, you may be wondering under what circumstances you can legally change your apartment’s locks. Understanding your rights—and your landlord’s rights—can help prevent disputes and keep you protected. This guide will cover when and how Montana tenants can change door locks, the legal process, and where to turn for official support.
Your Rights: When Tenants May Change Locks in Montana
Under Montana Residential Landlord and Tenant Act of 1977, tenants generally cannot change, remove, or add locks without their landlord’s written permission (Mont. Code Ann. § 70-24-312). However, there are some situations where renters may want new locks for safety.
When Can a Montana Renter Change the Locks?
- With Written Landlord Consent: You must always have written permission from your landlord to change or install new locks unless stated otherwise in your lease.
- Domestic Violence Protections: Montana law provides special provisions for victims of domestic violence or sexual assault. Tenants may request a lock change for safety. Landlords must comply with this request if provided with proper documentation.
If you change the locks without following these procedures, your landlord may be allowed to remove them or charge you for damages.
How to Request a Lock Change for Safety Reasons
If you are facing a safety emergency, such as domestic violence or harassment, Montana protects your right to request a new lock. Here’s how the process works:
- Write a formal request to your landlord asking for new locks or permission to change the locks yourself.
- If you are a victim of domestic violence, you may provide documentation such as a protective order or police report.
- Landlords must replace or permit new locks within 24 hours of receiving valid documentation (Mont. Code Ann. § 70-24-220).
Once the lock is changed, if the landlord or you completed the work, you must give each party a new key. Your landlord cannot access your home except in emergency situations or with appropriate notice.
Forms and Official Procedures
Montana does not have a universal state-issued form for requesting a lock change, but you should submit your request in writing. If you need added protections (such as in domestic violence cases), you may file the following:
- Order of Protection (Form available from Montana Courts): Used for victims seeking legal safety from harassment or violence. Submit to the county or city court. Download the Order of Protection forms here.
- Written Lock Change Request: Informal, but always recommended to submit via email or letter. State your reasons clearly and provide supporting documentation if applicable.
Landlords may charge for the cost of changing the locks if specified in the lease, but cannot deny requests relating to tenant safety or domestic violence.
Montana’s Tribunal for Rental Disputes
If you and your landlord have a dispute about locks or entry rights, you may contact Montana’s Justice Court in your county. This is the primary tribunal handling landlord-tenant matters in the state.
Key Takeaways for Montana Tenants
- You usually need written landlord permission to change locks.
- Special rights apply for victims of domestic violence—request a lock change in writing and provide documentation.
- Always give a copy of the new key to your landlord if you change the locks legally.
- If necessary, file an Order of Protection for urgent safety needs.
Montana Tenant Lock Change FAQ
- Can I change my locks without telling my landlord?
No, except in cases of domestic violence with proper documentation. Otherwise, you need written landlord permission. - What if my landlord refuses my lock change request for safety reasons?
If you’re a victim of domestic violence or stalking, your landlord must comply with a written lock change request and proper documentation. If they do not, contact Montana Justice Court. - Do I have to pay for new locks?
You may have to pay for new locks unless the lease states otherwise. For domestic violence situations, the landlord may charge only for the actual cost of lock replacement. - What documentation will I need for a domestic violence-related lock change?
An Order of Protection or police report is recommended. This demonstrates to your landlord that your request is for your safety under Montana law. - Where do I file a complaint if my rights are violated?
File with your local Montana Justice Court. Find your local court via the Montana Courts Directory.
Need Help? Resources for Renters
- Montana Justice Court Directory – where rental disputes are resolved
- Montana Courts: Order of Protection Forms
- Montana Department of Commerce – Renter Resources
- Full Text: Montana Residential Landlord and Tenant Act of 1977
- For emergencies, contact local law enforcement: Montana Law Enforcement Directory
- Montana Code Annotated § 70-24-312, "Tenant's Obligations" – Tenant lock change obligations in Montana
- Montana Code Annotated § 70-24-220, "Victim of domestic violence, sexual assault, or stalking – tenant's right to terminate or change locks" – Montana lock change rights for victims
- Montana Justice Courts – Resolve landlord-tenant disputes in Montana
- Montana Department of Commerce – Renter help, forms, and resources
- Montana Courts – Official forms including Order of Protection
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 & SituationsRelated Articles
- Montana Tenant Rights: Domestic Violence Protections · June 21, 2025 June 21, 2025
- Montana Smoke Alarm Laws: Tenant and Landlord Duties · June 21, 2025 June 21, 2025
- Montana Renters: What to Do If Locked Out by Your Landlord · June 21, 2025 June 21, 2025
- Montana Renters’ Emergency Rights in Storms and Floods · June 21, 2025 June 21, 2025
- Montana Emergency Exit Lighting: What Renters Need to Know · June 21, 2025 June 21, 2025
- Montana Security Deposit and Damage Deposit Rules Explained · June 21, 2025 June 21, 2025
- Montana Laws on Surveillance Cameras in Apartment Common Areas · June 21, 2025 June 21, 2025
- Montana Emergency Maintenance Hotline Rules for Renters · June 21, 2025 June 21, 2025
- Montana Fire Sprinkler Inspection Rights for Renters · June 21, 2025 June 21, 2025