When Your Landlord Can Raise Your Rent in Montana (FAQ)
Authored By: Montana Legal Services Association (MLSA)
In this article you will learn when and by how much a landlord may raise your rent when you:
- Rent from a private landlord and don't receive housing assistance, or
- Receive housing assistance that helps with your rent.
How much can a landlord raise my rent?
The law in Montana does not limit the amount your landlord may charge you for rent. There is no rent control in Montana to say how much the landlord can raise your rent at any one time. This is true whether you’re renting an apartment, house, mobile home, or mobile home lot.
When can a landlord raise my rent?
Written Rental Agreement:
If you have a written rental agreement for a definite term (such as 6 months or a year), your landlord cannot increase your rent until after your lease term is up. The exception is when you and the landlord both agree on a rent increase during the lease term.
If you rent month-to-month, the landlord must give you advance written notice of a rent increase at least 30 days before your rent increases.
If you rent week-to-week, the landlord must give you advance written notice of a rent increase at least 7 days before your rent increases.
What if I cannot afford the rent increase?
If you cannot afford or do not agree with a lawful rent increase your only option is to move.
Government-assisted housing is when the government pays all or some of your rent, because of your limited income. The Housing Choice Voucher, Section 8 Voucher, and Public Housing are all types of government-assisted housing.
How much can my landlord raise my rent?
The amount of rent you pay in government-assisted housing is based on your household income. In general, you will pay around 30% of your household's monthly adjusted income for rent. If the landlord increases the overall monthly rent for your unit, you may not have to cover that increased rent. The increase may be paid by the government instead.
What if our household income changes?
Any household that gets housing assistance must report any change in household income. You must report to the housing authority or other public agency in charge of the housing assistance program.
If your household income goes down, you must report the change. Then the housing authority or other agency must re-calculate your share of the rent. Usually, the lower rent amount will start on the first of the month after you report the change.
If your household income goes up, you must report the change. Then the housing authority or other agency must re-calculate your share of the rent. Usually, the higher rent amount will start 30 days after you get written notice of the rent increase.