Montana landlord entry: 24 hours, a notice you may post on the door and a lock rule
MCA 70-24-312 requires a Montana landlord to give at least 24 hours' notice before entering, except in an emergency or when notice is impracticable. The statute adds that a landlord can satisfy it by conspicuously posting the intent to enter on the unit's main entry door. Entry must be at reasonable times.
Can a Montana landlord post the notice on the door?
Yes. The statute lets the landlord satisfy the notice requirement by conspicuously posting the intent to enter on the unit's main entry door. That is a real convenience in a state of long drives and small towns, but it carries a timing risk: posting is only good if the 24 hours really pass before you walk in, and a tenant who returns late may not see the paper in time to object. Posting and sending a text or email together is the better habit.
Example a made-up landlord in Billings tapes a dated notice to the main entry door on Monday at 9 a.m., reading "Furnace inspection Tuesday, 10 a.m. to noon," and sends the same message by text. The landlord enters Tuesday at 10:30 a.m. and keeps a photo of the posted notice.
Why can a landlord enter?
A tenant may not unreasonably refuse a landlord or the landlord's agent entry to inspect the unit, make needed or agreed repairs or improvements, provide necessary or agreed services, or show the unit to prospective or actual buyers, lenders, tenants, workers or contractors.
What about emergencies and everything else?
A landlord may enter without the tenant's consent in an emergency, and the 24-hour requirement does not apply. Beyond that, entry is allowed only under a court order, as permitted by sections 70-24-425 and 70-24-426(2), or when the tenant has abandoned or surrendered the premises. The landlord may not abuse the right of access or use it to harass the tenant.
The page I read did not specify penalties for violating this section. Those would have to be found elsewhere in the chapter.
Can a Montana tenant change the lock?
A tenant may not change or add a lock without the landlord's written permission. If a tenant does so, the tenant must give the landlord a key. That helps explain why the statute can lean on notice: the landlord's key keeps the process orderly, and the notice keeps it fair.
Posting versus actually telling
Posting is lawful, but it is the thinnest form of notice. A tenant who works nights may see the paper only after the window has started. A sensible Montana owner posts the notice and also sends it by text or email, with the date, the reason and a time window. Count the 24 hours from the moment the notice is on the door, not from when you wrote it. If the tenant calls to object, listen: the statute says the landlord may not abuse the right of access, and a tenant's reasonable request to move a visit costs you a day at most. Photograph the posted notice with the date visible and keep it with the work order.
For repairs that need several visits, say so in the first notice and list the likely days, then confirm each one the day before. Rural properties often involve vendors who travel a long way, so build in a buffer rather than promising a time you cannot keep. A tenant who is told the window and sees the worker arrive inside it has little to object to.
How DoorKeeping fits in Montana
DoorKeeping keeps each message you send a Montana tenant in a thread tied to the unit, so the notice, its date and the tenant's reply sit next to the lease and the work order. If you post a paper notice, add a photo to the thread and the record is complete. This is general information, not legal advice. Check the current statute and your lease before you act.
Sources
Questions
- How much notice must a Montana landlord give?
- At least 24 hours, except in an emergency or when notice is impracticable, with entry at reasonable times.
- Can a Montana landlord post notice on the door?
- Yes. Conspicuously posting the intent to enter on the unit's main entry door satisfies the requirement.
- Can a Montana tenant change the locks?
- Not without the landlord's written permission, and the tenant must give the landlord a key.