Tenant Rights in Butte, Montana

Last updated: April 2026

Butte has no rent control — Montana has no rent control law and no city has enacted one. The Montana Residential Landlord and Tenant Act protects you on deposits, habitability repairs, and self-help eviction prohibition.

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Key Takeaways

  • Rent Control: None — Montana has no rent control and no city has enacted one
  • Security Deposit: Must be returned within 10 days (no deductions) or 30 days (with itemized statement); damages of $100 or 25% of monthly rent, whichever is greater, for wrongful withholding (MCA § 70-25-202)
  • Notice to Vacate: 30 days' written notice required to terminate a month-to-month tenancy (MCA § 70-24-441)
  • Just Cause Eviction: No just cause requirement — landlord may terminate at lease end with proper notice
  • Local Resources: Montana Legal Services Association (montanalegal.org), Montana Fair Housing (mtfairhousing.org)

1. Overview: Tenant Rights in Butte

Butte is a historic mining city in Silver Bow County — Butte-Silver Bow is a consolidated city-county government. Once one of the most populous cities in the American West, Butte today has a smaller but close-knit community with a strong sense of identity. Montana has no rent control law and no city has enacted a rent stabilization ordinance. Butte-Silver Bow has no additional local tenant protections. Montana's Residential Landlord and Tenant Act (MCA § 70-24-101 et seq.) governs the landlord-tenant relationship in Butte.

2. Does Butte Have Rent Control?

Butte has no rent control. Montana has no statewide rent control statute and no city in the state has enacted a rent stabilization ordinance. Butte-Silver Bow has no rent control measures. Landlords in Butte may raise rents at lease renewal by any amount. Month-to-month tenants are entitled to at least 30 days' written notice before the landlord can terminate the tenancy (MCA § 70-24-441).

3. Montana State Tenant Protections That Apply in Butte

Montana's Residential Landlord and Tenant Act provides meaningful protections for Butte renters. Landlords must maintain the premises in a habitable condition under MCA § 70-24-303 — functioning heat (critical in Montana's harsh winters), plumbing, and structural soundness. If your landlord fails to make essential repairs after written notice, they have 14 days for non-emergency issues before you can pursue remedies. Montana allows repair-and-deduct up to $300 or half a month's rent. Montana prohibits landlord retaliation against tenants who report code violations or exercise legal rights (MCA § 70-24-431). Self-help eviction is illegal — landlords who change locks or shut off utilities may be liable for actual damages (MCA § 70-24-411).

4. Security Deposit Rules in Butte

Montana has a two-tiered deposit return deadline: if no deductions are made, the deposit must be returned within 10 days of move-out; if deductions are made, the landlord has 30 days and must provide an itemized written statement (MCA § 70-25-202). If your landlord wrongfully withholds your deposit, you may recover the deposit amount plus damages equal to $100 or 25% of the monthly rent, whichever is greater. Document your unit at move-in and move-out with photos and provide your forwarding address in writing when you vacate.

5. Eviction Process and Your Rights in Butte

To evict a Butte tenant, the landlord must serve proper written notice and file with the Butte-Silver Bow Justice Court or District Court for a judgment. Month-to-month tenants must receive at least 30 days' written notice before the tenancy ends (MCA § 70-24-441). For nonpayment of rent, landlords serve a 3-day notice to pay or vacate. Self-help eviction — changing locks, removing belongings, or interrupting utilities — is illegal under MCA § 70-24-411. You have the right to respond and appear at your eviction hearing.

6. Resources for Butte Tenants

Frequently Asked Questions

Does Butte have rent control?

No. Montana has no rent control law and no city has enacted one. Butte-Silver Bow has no rent stabilization. Landlords may raise rents freely at lease renewal.

How much can my landlord raise my rent in Butte?

There is no cap on rent increases in Butte. With no state or local rent control, your landlord may raise rent by any amount at renewal. Month-to-month tenants must receive 30 days' written notice before the landlord can terminate the tenancy (MCA § 70-24-441).

How long does my landlord have to return my security deposit in Butte?

Under MCA § 70-25-202, your landlord must return your deposit within 10 days if there are no deductions, or within 30 days with an itemized statement if deductions are made. Wrongful withholding may entitle you to your deposit plus $100 or 25% of monthly rent, whichever is greater.

What notice does my landlord need before evicting me in Butte?

Month-to-month tenants must receive 30 days' written notice before the landlord can end the tenancy (MCA § 70-24-441). For nonpayment, landlords give a 3-day notice to pay or vacate. A court judgment is required before any removal.

Can my landlord lock me out or shut off utilities in Butte?

No. Self-help eviction is illegal under MCA § 70-24-411. A landlord who locks you out or interrupts utilities may be liable for actual damages. Contact Montana Legal Services Association if this happens.

What can I do if my landlord refuses to make repairs in Butte?

Send a written repair request. Under Montana law, your landlord has 14 days for non-emergency repairs after notice. If they fail to act, you may repair-and-deduct up to $300 or half a month's rent (MCA § 70-24-406). Contact Montana Legal Services for guidance.

This article is for informational purposes only and does not constitute legal advice. Laws change — verify current statutes and consult a licensed Montana attorney for advice specific to your situation.

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Other Cities in Montana

Learn about tenant rights in other Montana cities: