Montana tenant screening laws

A property manager of four or more dwelling units who collects an application fee must refund it within a reasonable time if the applicant does not enter a signed rental agreement or an agreement given the same effect by law. Only the permitted costs may be deducted (MCA 37-56-109; MCA 70-24-204).

• At collection, give written notice allocating the fee among specific service costs. Retain only disclosed costs for services actually performed before approval or rejection; these are out-of-pocket expenses, excluding the manager's own time or effort. Refund the rest (MCA 37-56-109(2), (4)).
• The manager bears the burden of proving the services. Wrongfully withheld or deducted fees can be recovered in a civil action, with attorney fees at the court's discretion. Keep the allocation, service invoices and refund calculation together (MCA 37-56-109(3)).
• A deposit that an agreement requires a prospective tenant to give and keep in place for part or all of the lease term is presumed to be a security deposit, so the deposit return rules apply to it (MCA 70-25-101(4)).See Returning the deposit on the Montana page
• If you accept rent or a deposit from a person who intends to occupy the home, you are considered to have consented to their possession and to have created a landlord-tenant relationship (MCA 70-24-302(2)).

Montana's Human Rights Act makes it unlawful to refuse to rent, set different terms, or make discriminatory inquiries, statements or ads because of sex, marital status, race, creed, religion, color, age, familial status, physical or mental disability or national origin (MCA 49-2-305(1); MCA 49-2-305(3)).

• Disability discrimination includes refusing reasonable modifications at the tenant's expense (you may require the interior to be restored where reasonable) and refusing reasonable accommodations in rules, policies, practices or services (MCA 49-2-305(4); MCA 49-2-305(5)).
• Renting no more than three sleeping rooms in a single-family home where the owner lives is excluded from the refusal, terms, inquiry and other rules of subsection (1), but not from the disability rules or the bar on coercion and interference; federal advertising law is not covered here (MCA 49-2-305(2); MCA 49-2-305(4); MCA 49-2-305(9)).
• The age and familial status rules do not apply to qualifying housing for older persons. A dwelling for no more than two families where the owner lives in one unit is exempt only from the age and familial status refusal and terms rules (MCA 49-2-305(10); MCA 49-2-305(11)).
• Familial status means having a child or children who live or will live with the person, including distinctions based on a child's age (MCA 49-2-305(12)).
• It is unlawful to coerce, threaten or interfere with anyone exercising these rights (MCA 49-2-305(9)).
• Montana sets specific rules for emotional support animal documentation (MCA 70-24-114).See Emotional support animals on the Montana page