LOCAL RULES: MCA 70-24-312

Montana notice of entry requirements

Your Montana notice of entry has 2 rules to meet. ReportDraft puts every one on your checklist and checks your draft before you sign.

  • 24 hours' notice, entry at reasonable times
  • A notice posted conspicuously on the main entry door counts
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Montana's Residential Landlord and Tenant Act asks for at least 24 hours' notice before a landlord enters, at reasonable times, and since 2021 a notice conspicuously posted on the unit's main entry door counts. Here is each rule with a link to the Montana Code Annotated.

Last reviewed October 26, 2026 against the official sources listed below.

Notice of entryMONTANA / FREE CALCULATOR

Notice period and entry times

WhatWhenRule
Notice givenNovember 2, 2026 (attached to the door)MCA 70-24-312 (3)
How the notice is givenPosting it conspicuously on the main entry door counts as noticeMCA 70-24-108 (1) (d)
Earliest lawful entry without the tenant's consentNovember 3, 2026, at or after the time of day the notice was given (24 hours later)MCA 70-24-312 (3)
Planned entryNovember 4, 2026: after the notice periodMCA 70-24-312 (3)
Hours of entryAt reasonable timesMCA 70-24-312 (3)
What the notice must sayAt least 24 hours' notice of the intent to enter; a notice posted conspicuously on the main entry door countsMCA 70-24-312 (3)

Emergencies, an abandoned unit and the tenant's consent at the time of entry follow their own rules (listed on this page). A lease may give the tenant more notice; check it.

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What Montana requires

  • A tenant may not unreasonably withhold consent for the landlord or the landlord's agent to enter to inspect, make necessary or agreed repairs, decorations, alterations or improvements, supply necessary or agreed services, or show the unit to prospective or actual purchasers, mortgagees, tenants, workers or contractorsMCA 70-24-312 (1)
  • A landlord may enter without the tenant's consent in an emergencyMCA 70-24-312 (2)
  • Except in an emergency or if it is impracticable, the landlord gives at least 24 hours' notice of the intent to enter and enters only at reasonable times; the landlord may not abuse access or use it to harass the tenantMCA 70-24-312 (3) (a)
  • A tenant has notice of the intent to enter if the landlord conspicuously posts it on the main entry door of the unit, in addition to the ways notice is given under 70-24-108MCA 70-24-312 (3) (b)
  • Notice is also given by hand delivery, by mail with a certificate of mailing or by certified mail (served 3 days after mailing), or by email to an address in the rental agreement once a read receipt or a non-automatic reply comes backMCA 70-24-108 (1)
  • The landlord has no other right of access except by court order, as 70-24-425 and 70-24-426 (2) allow, or when the tenant has abandoned or surrendered the premises; a tenant may not change or add a lock without written permission and must give the landlord a keyMCA 70-24-312 (4), (5)

24 hours, and the door counts

Except in an emergency or where it is impracticable, give at least 24 hours' notice of your intent to enter and come at a reasonable time. Posting the notice conspicuously on the main entry door is enough; so is handing it over.

Mail and email

Mail with a certificate of mailing or by certified mail counts as served 3 days after mailing. Email works if the rental agreement gives the address and you get a read receipt or a real reply.

Emergencies, locks and other access

An emergency allows entry without consent. Otherwise only a court order, the Act's listed remedies or an abandoned unit give access. A tenant who changes or adds a lock without written permission must still give you a key.

Common mistakes

  • Emailing the notice and entering without a read receipt or reply.
  • Mailing a notice the day before the entry: mail counts 3 days after mailing.

Sources

Last reviewed October 26, 2026. Next review due January 26, 2027. This page explains published rules to help you write your report. It is not legal advice; the official text linked above governs.