Housing · Rent control
Does Montana Have Rent Control?
Whether Montana caps how much rent can rise, whether cities can set their own limits or are barred from it, and the exemptions. Rent control is separate from the notice a landlord must give before an increase. Cited to the statute.
What the rent control law says in Montana
Whether rent increases are capped, who sets the limit, and the housing the rule does not reach.
The rent-control denial in subsection (26) was added by 2023 Senate Bill 105, signed in May 2023. The operative words here were read from the final bill text rather than the codified Montana Code Annotated page, which could not be reached, so confirm the current codified wording before relying on it in a dispute.
| What the law says | What it means |
|---|---|
| Local rent control is barred since 2023 | Under Montana Code Annotated section 7-1-111(26), added by 2023 Senate Bill 105, a self-government local unit has no power to control the amount of rent charged for private residential or commercial property. The section works by removing the power rather than voiding a specific ordinance. |
| It applies to self-government units | Section 7-1-111 lists powers denied to a local government unit with self-government powers. Montana also has general-government-powers units, which are already limited to expressly granted powers, so in practice no local government in Montana can adopt rent control, but the statute names the self-government class. |
| No statewide cap | Montana sets no statewide limit on rent. With local caps blocked and no state ceiling, the rent amount is governed by the lease and the market, subject only to the notice a change requires. |
| What is exempt | What it means |
|---|---|
| Property the local government has an interest in | The denial does not reach private residential property in which the local government unit has a property interest, or in which it has an interest through a housing authority. A local government may still set rent on housing it owns or runs. |
| Not where anyone looks | Montana did not write a rent-control statute. It added a 26th item to a list of powers denied to local governments, in the local-government title. Anyone searching Montana landlord-tenant law for a rent-control section will not find it, because the bar lives in section 7-1-111 alongside denials for other local powers. |
What you can do right now
Concrete, neutral steps if you are facing a rent increase in Montana. This is legal information, not legal advice.
- Know that no cap applies
Montana has no rent limit, and local governments have no power to create one. A landlord may raise the rent by any amount at renewal or when a month-to-month tenancy continues. Plan around the lease, not a legal ceiling.
- Read the increase terms in your lease
Your protection comes from the lease. During a fixed term the rent is locked at the agreed figure. Check when your term ends and what notice the lease requires before an increase can take effect.
- Confirm the notice and effective date
No cap applies, but an increase still cannot start mid-term on a fixed lease, and a month-to-month change needs the notice your tenancy requires. Confirm the date the higher rent is allowed to begin.
- Get Montana tenant help
If an increase or a notice looks improper, Montana Law Help and Montana Legal Services can explain your options. The dispute will turn on the lease and notice, since there is no rent limit to enforce.
If you think an increase breaks a cap or a local ordinance, a legal aid office or the state consumer-protection unit can tell you whether a limit applies to your unit.
→ Montana Law HelpThis is general legal information, not legal advice. Caps, local ordinances, and exemptions turn on the specific unit and city, so confirm your situation against the statute.
What renters in Montana get wrong about rent control
Montana bans local rent control, but not where anyone would look for it. Instead of writing a rent-control statute, the 2023 legislature added a 26th item to section 7-1-111, the list of powers denied to a self-government local unit. That new subsection removes any power to control the amount of rent charged for private residential or commercial property. The only thing left out is property in which the local government has an interest, including through a housing authority. Two points of context matter. First, section 7-1-111 binds local governments with self-government powers, while Montana’s general-government units are already confined to powers the state expressly grants them, so the practical result is a statewide bar even though the words name one class. Second, this was arguably belt-and-suspenders drafting: a long-standing subsection (13) already limited local power over landlords beyond what state landlord-tenant law provides, which is why opponents of Senate Bill 105 argued rent control was already prohibited. There is no statewide cap either, so for an ordinary Montana renter no legal ceiling limits the rent. The lease and the market set the figure, and only the notice rules for a change remain.
Common questions
Does Montana have rent control?
No. Montana has no statewide rent cap, and since 2023 section 7-1-111(26) denies a self-government local unit any power to control the amount of private rent.
Can my rent be raised any amount in Montana?
Yes, at renewal or when a month-to-month tenancy continues. Because no rent cap applies, the increase is governed by the lease and the market, not a legal ceiling, as long as proper notice is given.
When did Montana ban local rent control?
In 2023, through Senate Bill 105, which added subsection (26) to Montana Code Annotated section 7-1-111. That subsection removes local power to control private rent.
Can a Montana city cap rent?
No, other than on housing the local government owns or has an interest in. State law denies the rent-control power to self-government units, and general-power units never had it, so no Montana city may set a cap.
Not legal advicePlainStatute provides plain-language summaries of public law for general information only. This is not legal advice. Statutes change; always confirm current requirements with the official source linked above before acting.