How can a landlord legally increase the rent on a month-to-month rental agreement?

In Montana, landlords are legally allowed to increase the rent on a month-to-month rental agreement with proper notice given to the tenant. The amount of notice that they are required to give varies depending on how long the tenant has lived in the rental unit. For tenants that have been living in the unit less than 6 months, the landlord must give 20 days’ notice before the increase can take effect. For tenants residing there for 6 to 12 months, the landlord must provide a 30 day notice before the rent increase can take effect. For tenants that have been living in the rental unit longer than 12 months, the landlord must provide a 60 day notice. The notice must include the amount of the rent increase, when it will take effect and the reason for the increase. The landlord is barred from charging a higher rent or increasing the rent on a month-to-month agreement for any discriminatory or retaliatory reason. This means the landlord cannot increase the rent because of the tenant’s race, color, religion, sex, national origin, sexual orientation, disability, familial status, marital status, source of income or because of the tenant’s participation in a tenant organization. Additionally, the landlord cannot increase the rent because the tenant has complained about any health and safety issue or if the tenant has exercised any of their legal rights. If the tenant does not agree to the rent increase they may have the option of vacating the unit and ending the month-to-month agreement. The tenant also has the right to challenge the increase in court if they believe the increase is unreasonable or discriminatory. If a tenant disputes the landlord’s rent increase, they should seek legal advice.

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