Frequently Asked Questions - Landlord Tenant Lawyer, Paul Moses II

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Tenants in Montana have several fundamental rights, including the right to a habitable rental unit, the right to a written rental agreement, the right to privacy, and protection against discrimination.  Attorney Paul Moses has helped landlords and tenants many times over the years. He would be happy to discuss your case and your questions.  Call us at 406.630.3032.

In Montana, a tenant's responsibilities include paying rent on time, maintaining the rental unit in a reasonable condition, and adhering to the terms of the lease agreement.

In Montana, a tenant's responsibilities include paying rent on time, maintaining the rental unit in a reasonable condition, and adheriIf a tenant in Montana is facing eviction, they should carefully review the eviction notice and consult with an attorney, if possible. 

As of May 22, 2023, Montana laws regarding eviction have changed. A renter has only 5 business days after being served with eviction papers to file an "answer to eviction" with the Clerk of Court. Please do not wait to file a response.  If you are facing eviction, carefully review the eviction notice and consult with an attorney right away, if possible. 

Landlords in Montana commonly encounter issues related to lease agreements, security deposits, eviction processes, property maintenance, and tenant rights.

In Montana, landlords can generally increase the rent upon providing proper notice to the tenant.

Yes, and the amount of notice required will depend on the term of the tenant's lease (month-to-month, week-to-week, etc.).

No. A landlord cannot force a tenant out of the rental just because the tenant stays past the date given in the notice of termination. 

Even if a tenant is behind on the rent or the utilities, the landlord cannot legally shut off the tenant's utilities, throw the tenant's stuff out, or change the locks as a way to force the tenant out. 

No.  Without a court order for an eviction signed by a judge, the landlord cannot send a deputy over to forcibly remove a tenant from the rented premises.

Montana law requires landlords to provide reasonable notice to tenants before entering the rental unit. Except in cases of emergencies or abandonment, the notice period is typically 24 hours.

Generally, no:  A landlord cannot evict a tenant without going through the proper legal process. In Montana, this typically involves providing written notice to the tenant, followed by filing an eviction lawsuit in court if the tenant fails to comply with the notice.

No, but you can do your own brain surgery, too, you know.  In either case, doing your own brain surgery or handling your own landlord/tenant issue, the results might be the same:  bloody, irreversible, and much more expensive than you thought it'd be by doing it yourself.  So although you are not required to have an attorney when dealing with your landlord or tenant, it is highly recommended to seek experienced legal representation if you have questions about or are interested in issues related to landlord/tenant law in Montana.

 Landlords and tenants in Montana can find more information about their rights and responsibilities under state law by referring to the Montana Residential Landlord and Tenant Act of 1977 (Title 70, Chapter 24, MCA) or by consulting with an attorney.