New Montana Landlord Law (HB 810): What Changed for Rent Payments in 2025
Montana passed HB 810 in 2025, restricting how landlords charge fees for rent payment methods. Here's exactly what changed, what it means for your lease, and how to stay compliant.
What Happened
The 2025 Montana Legislature passed House Bill 810, which directly affects how landlords collect rent. The bill was signed by Governor Gianforte and took effect immediately.
A separate bill (HB 800) that would have revised rules on trespassers and abandoned property did not pass — it died in committee. So the abandoned property rules remain unchanged from existing law (MCA § 70-24-430).
HB 810: Rent Payment Method Fee Restrictions
Sponsor: Representative Mary Caferro (D-Helena) Vote: Passed House 99-0, Senate 38-12 (House concurred on Senate amendments 91-7) Effective: Immediately upon signature (2025)
What It Does
HB 810 prohibits landlords from charging additional fees based on how a tenant chooses to pay rent — with one narrow exception.
The New Rules
| Rule | Detail |
|---|---|
| Acceptable payment forms | Cash, check, electronic payments, or as agreed in lease |
| Fees for payment type | Prohibited — you cannot charge extra for paying by check vs. bank transfer |
| Exception | You MAY pass along actual electronic bank fees incurred when processing electronic payments |
| Lease specification | Rental agreements may specify payment terms and methods |
What This Changes
Before HB 810: Some landlords charged "convenience fees" of $15–$50 for tenants who paid by credit card, cash, or non-preferred methods. Others required specific payment methods (electronic only) without offering alternatives.
After HB 810: You must accept multiple payment forms and cannot penalize tenants for choosing one over another. The only fee you can pass through is the actual bank processing fee for electronic transactions — not a markup, not a "convenience fee."
Amendments
HB 810 amends four sections of Montana Code:
- MCA § 70-24-103 (residential landlord-tenant definitions)
- MCA § 70-24-201 (landlord obligations)
- MCA § 70-33-103 (mobile home park definitions)
- MCA § 70-33-201 (mobile home park landlord obligations)
Source: TrackBill — HB 810
What Landlords Should Do
- Review your lease — Remove any clauses charging fees for specific payment types
- Offer multiple payment methods — Cash, check, and at least one electronic option
- If passing through bank fees — Disclose the exact amount and that it's the bank's actual fee, not yours
- Update your payment policy — Make it clear in writing what methods you accept
Practical impact: If you use property management software like Rezides that offers multiple payment methods (bank transfer, credit card, crypto, Cash App), you're already compliant — tenants choose their method, and any actual processing fees are transparent.
What About HB 800? (Abandoned Property Bill)
HB 800, introduced by Rep. S. Maness, would have revised rules on invitees, trespassers, and abandoned personal property after lease termination. It proposed:
- Clearer definitions of when a former tenant becomes a trespasser
- Streamlined procedures for handling property left behind
- New protections for landlords dealing with unauthorized occupants
However, HB 800 failed in committee and did not become law. The existing abandoned property rules under MCA § 70-24-430 remain unchanged:
- Immediately dispose of hazardous/perishable/valueless items
- Give written 10-day notice for valuable items
- Store with reasonable care during the notice period
- Sell or dispose after notice period expires
For the current law on handling tenant belongings, see our lease termination and move-out guide.
Other 2025-2026 Changes Affecting Landlords
Property Tax Overhaul (Effective 2026)
Montana restructured residential property taxation with tiered rates favoring long-term rentals over short-term rentals and second homes.
Full guide: Montana Property Tax: 2026 Rates
ADU Expansion (SB 532, 2025)
SB 532 extends the ADU (Accessory Dwelling Unit) mandate to counties with zoning — previously only municipalities were required to allow ADUs.
Full guide: Montana ADU Law Explained
Income Tax Rate Reduction (HB 337, Effective 2026)
Montana simplified to a two-bracket system:
- 4.7% on income up to $47,500 (single) / $95,000 (MFJ)
- 5.65% on income above those thresholds
This is lower than the previous top rate, benefiting landlords with rental income above the threshold.
Source: Montana DOR — HB 337 Tax Changes
How to Ensure HB 810 Compliance
Before vs. After HB 810
- Charge $25 convenience fee for credit card
- Charge fee for paying by check
- Require electronic-only payment
- Add markup above actual bank fees
- Penalize tenants for payment choice
- Specify accepted methods in lease
- Pass through actual bank processing fees
- Set rent due dates and late fees
- Require payments at specific location
- Use any payment platform you choose
Related Reading
- How to Collect Rent in Montana — Payment methods and legal requirements post-HB 810
- Montana Lease Agreement: Required Disclosures — Update your lease for compliance
- Montana Lease Termination & Move-Out — Current abandoned property rules (since HB 800 didn't pass)
- Montana Eviction Process: Step-by-Step — When things go wrong
Resources
This website provides general information only and does not constitute legal advice. No attorney-client relationship is created. Montana laws change frequently. Consult a licensed Montana attorney for advice specific to your situation.