Your Landlord's Right to Enter Your Rental Unit

Yes. Your landlord has the right to enter your rental unit in order to

• Inspect the unit;
• Make necessary or agreed upon repairs, decorations, alterations, or improvements;
• Supply necessary or agreed upon services;
• Show the unit to potential or actual buyers, lenders, tenants, workers, or contractors.

In addition, your landlord may enter your rental unit if:

• You have abandoned your rental unit;
• You have been absent for more than seven days, and the entry is reasonably necessary;
• Your landlord has a court order allowing him/her to enter; or
• There is an emergency requiring entry.

Yes. Unless there is an emergency, your landlord must notify you 24 hours before they intend to enter your rental unit. The notice can be either written or verbal.

No. Your landlord may only enter your rental unit at reasonable times.

In addition, your landlord cannot abuse the right to enter your rental unit in a way that harasses you.

In an emergency your landlord can enter your rental unit without giving you 24 hours notice.

The law (Section 70-24-312, MCA) allows the landlord or the landlord’s agent to enter your unit.  They can also bring with them persons who have a legitimate interest in entering your unit.  This might include prospective buyers, tenants, or lenders, and also persons who will be doing work in your unit, such as repair workers, maintenance workers, or contractors.

The landlord or the landlord’s agent should not be bringing into your unit a person who has no legitimate reason for being there, such as a curious neighbor.

Not if your refusal is unreasonable. You cannot unreasonably refuse to allow your landlord to enter your rental unit. If you do, your landlord may:

• Give you a 24-hour notice to allow the landlord's entry, and if you don't let the landlord in within 24 hours, the landlord can give you a 3-day notice to move out and you could be evicted; or
• File a lawsuit against you in court, asking the judge to immediately allow the landlord to enter.

Under either option, the landlord may recover "actual damages" caused by your unreasonable refusal to allow entry. "Actual damages" basically means any damage caused to the rental or any out-of-pocket costs the landlord experienced because of your unreasonable refusal to allow the landlord to enter.

If you’re not being unreasonable, and instead you have a good reason for refusing your landlord entry, then contact your landlord to explain.  For example, it may be reasonable if you’re not objecting to the landlord coming into your unit, you’re only objecting to the particular day or time chosen for entry.  Explain why that day or time won’t work for you, and try to agree with your landlord on a different day or time for the landlord’s entry.

1. Montana Legal Services Association provides free legal assistance to Montanans who cannot afford to hire an attorney, living in poverty. Apply online anytime at mtlsa.org/apply-for-services/. Or call 1-800-666-6899 Tuesday-Thursday from 9 a.m - 1 p.m.
2. State of Montana Law Library. The Law Library provides help finding legal information. Visit the Law Library website at lawlibrary.mt.gov.
3. The State Bar Lawyer Referral Service may give you contact information for attorneys who provide, for a fee, the type of assistance you are seeing. You can contact the State Bar Lawyer Referral Service at licensedlawyer.org/mt or (406) 449-6577.