Understanding Vacancy Decontrol in Montana Rentals

If you're renting in Montana and are concerned about sudden rent increases after a unit becomes vacant, you might have heard about the concept of "vacancy decontrol." Understanding how this applies—or doesn’t apply—in Montana can help you know your rights as a renter.

What Is Vacancy Decontrol?

Vacancy decontrol refers to rules that allow landlords to raise the rent to market rates when a rental unit becomes vacant, even if the unit was previously under rent control. This can impact how much a new tenant pays once the previous tenant moves out and can affect rental affordability in some areas.

Does Montana Have Rent Control or Vacancy Decontrol?

Currently, Montana does not have any statewide rent control or rent stabilization laws. There are no restrictions at the state or local level that limit how much a landlord can raise the rent when a unit becomes vacant or when a lease is renewed.

• Landlords in Montana are free to set the rent at any amount when a unit is re-rented to a new tenant.
• Montana law does require proper notice for rent increases during a tenancy. For month-to-month leases, landlords must provide at least 15 days written notice of any rent increase.
• There are no official rent-controlled units in Montana, so the concept of vacancy decontrol does not apply here as it might in states like New York or California.

For official guidance, you can review the Montana Residential Landlord and Tenant Act for current laws about rental agreements and tenant rights.^[1]

Official Tribunal and Forms for Montana Renters

In Montana, disputes between landlords and tenants are usually handled by the local Justice Courts. These courts oversee residential tenancy issues, including evictions, disputes over deposits, and more.

Key Forms for Montana Renters

While Montana does not provide official rent control forms (because there are no rent-controlled units), these standard forms may be useful for renters:

• Notice of Intent to Vacate
  • When is it used? If you want to move out, you must notify your landlord in writing. For month-to-month rentals, at least 30 days' notice is common. Sample forms are available through the Montana Courts Self-Help Center.
• Notice to Landlord of Address Change
  • When is it used? If you move, notifying your landlord of your new address helps ensure the return of your security deposit. Forms and templates can be found on the Montana official court forms page.
• Small Claims Complaint
  • When is it used? If you have a dispute over return of deposit or damages, you can file a small claims complaint at your local Justice Court. Access the complaint form and instructions here.

Montana does not have a specific rent control board or agency because such laws do not exist at the state or local level. All landlord-tenant matters are managed through the local court system.

Your Rights as a Renter During Lease Renewal or Vacancy

It's essential to know that:

• If your lease ends or you move out, the landlord is free to set the next rent amount for a new tenant with no cap or restriction.
• During a current tenancy, your rent can only be raised with proper advance notice—usually 15 days for month-to-month tenants.
• If you have questions about your lease or a notice you’ve received, you can contact the Montana Justice Court or a tenant advice service (see below for resources).

Legislation That Protects Renters in Montana

All renter protections, including rules for notices and returns of deposits, are found in the Montana Residential Landlord and Tenant Act (MCA Title 70, Chapter 24).^[1]

FAQ: Vacancy Decontrol and Rent Increases in Montana

1. Does Montana have any rent-controlled apartments?
   No. Montana has no rent control laws, so rents are set by the market.
2. What happens to rent after a tenant moves out?
   The landlord can set any new rent amount for the next tenant. There is no limit or restriction.
3. Can my rent be raised during my lease?
   Only if your lease allows it. For month-to-month agreements, landlords must give at least 15 days' notice of a rent increase.
4. Which court handles rental disputes in Montana?
   Residential tenancy issues are usually dealt with by the local Justice Courts. Find your local Justice Court.
5. Are there official forms to fight a sudden rent increase?
   There are no forms specific to rent control protests, but resources for lease termination, complaints, and deposit disputes are available on the Montana Courts Self-Help Center.

Conclusion: What Montana Renters Should Know

• Montana does not have rent control or vacancy decontrol rules—landlords may set rent freely after a unit is vacant.
• Proper notice is required for any rent increase during a lease or month-to-month tenancy.
• Rental disagreements are handled by local Justice Courts, with support forms and information from the state court system.

Knowing your rights and when to seek help can prevent misunderstandings about rent increases or lease terminations.

Need Help? Resources for Renters

• Montana Justice Courts – For filing complaints and resolving landlord-tenant disputes.
• Montana Courts Self-Help Center – Sample forms for moving out and other common rental issues.
• Montana Law Help – Legal information and assistance for renters.
• Montana Residential Landlord and Tenant Act – Full text of Montana's tenancy laws.

---

1. Montana Code Annotated Title 70, Chapter 24 – Residential Landlord and Tenant Act

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 & Situations