Montana: Landlord Entry Notice Requirements

Requirements one by one

Advance notice required

For any ordinary entry a Montana landlord must give "at least 24 hours' notice of
the intent to enter" (§ 70-24-312(3)(a)). Note the phrasing: "at least 24 hours" is
a floor, not California's softer "presumed reasonable" language — a landlord who
shows up on less than a day's notice, outside an emergency, has not met the statute.
The same 24-hour figure applies whether the landlord is coming to inspect, repair, or
show the unit; Montana sets no shorter period for showings.

Reasons a landlord may enter

Section 70-24-312(1) lists the lawful reasons: to inspect the premises; to make
necessary or agreed repairs, decorations, alterations, or improvements; to supply
necessary or agreed services; or to exhibit the unit to prospective or actual
purchasers, mortgagees, tenants, workers, or contractors. Subsection (4) then closes
the door on anything else — "a landlord has no other right of access except" by court
order, under two narrow cross-referenced sections (§§ 70-24-425 and 70-24-426(2)), or
after the tenant has abandoned or surrendered the unit. A lease clause claiming a
broader right to "inspect whenever" does not add to this list.

When no notice is needed

Two situations excuse the 24-hour notice: a genuine emergency, where "a landlord may
enter the dwelling unit without consent of the tenant" (§ 70-24-312(2)), and the case
where giving notice "is impracticable" (§ 70-24-312(3)(a)). Entry after abandonment or
surrender also needs no notice. The "impracticable" exception is narrow — it covers a
situation where notice genuinely cannot be given, not mere inconvenience.

Form and delivery of the notice

The statute does not require the notice to be written, but it does spell out one way a
landlord can be sure it counts: "a tenant has notice of the intent to enter if the
landlord conspicuously posts the landlord's intent to enter on the main entry door of
the dwelling unit" (§ 70-24-312(3)(b)), in addition to the general actual-notice rules
of § 70-24-108. A note taped conspicuously to your front door 24 hours ahead is
therefore valid notice under Montana law.

Tenant's remedies for unlawful entry

Montana gives a tenant a direct statutory remedy. If the landlord "makes an unlawful
entry or a lawful entry in an unreasonable manner or makes repeated demands for entry
otherwise lawful but which have the effect of unreasonably harassing the tenant," the
tenant may "either obtain injunctive relief to prevent the recurrence of the conduct or
terminate the rental agreement," and "in either case ... may recover actual damages"
(§ 70-24-410). That is on top of the § 70-24-312(3)(a) rule that the landlord "may not
abuse the right of access or use it to harass the tenant."

What trips people up

"At least 24 hours" is a hard minimum. Montana does not use the "24 hours is
presumed reasonable" wording that some states do. The landlord must give a full
day's notice or more; short notice outside an emergency is simply non-compliant.

A note on your door can be valid notice. Section 70-24-312(3)(b) treats a notice
"conspicuously posted" on your main entry door as notice of intent to enter. You are
not entitled to hand-delivery — watch your door if a repair or showing is expected.

Refusing a properly-noticed entry has its own consequences. The access right runs
both ways. A tenant "may not unreasonably withhold consent" to a lawful, listed entry
(§ 70-24-312(1)); unreasonably locking the landlord out can itself be a lease
violation.

Common questions

Can my Montana landlord enter while I'm at work if they gave notice? Yes. If the
landlord gave at least 24 hours' notice for a listed purpose and enters at a reasonable
time, your presence is not required — the statute does not condition entry on your
being home (§ 70-24-312).

Does my landlord need notice in an emergency? No. "A landlord may enter the
dwelling unit without consent of the tenant in the case of an emergency"
(§ 70-24-312(2)) — a real one, like a fire or a burst pipe.

What if my landlord keeps letting themselves in without notice? You can go to court
for an injunction to stop it or end the lease, and recover your actual damages
(§ 70-24-410). Document each entry.

How much notice to show the place to buyers or new renters? The same at-least-24-
hours notice (§ 70-24-312(1), (3)(a)). Montana has no separate, shorter showing rule.

Statutes and sources

• Mont. Code Ann. § 70-24-312 — the access section: the listed entry purposes and the tenant's duty not to unreasonably withhold consent (1); emergency entry (2); the at-least-24-hours notice, reasonable-times limit, no-harassment rule, and door-posting notice method (3); and the "no other right of access except" limits (4).
  https://mca.legmt.gov/bills/mca/title_0700/chapter_0240/part_0030/section_0120/0700-0240-0030-0120.html (accessed 2026-07-11)
• Mont. Code Ann. § 70-24-410 — the tenant's remedies for an unlawful or unreasonable entry or harassing demands: injunctive relief or lease termination, plus actual damages.
  https://mca.legmt.gov/bills/mca/title_0700/chapter_0240/part_0040/section_0100/0700-0240-0040-0100.html (accessed 2026-07-11)