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Renting a home that was foreclosed in Montana: your rights

If you rent in Montana and your landlord's home was sold at a trustee's sale, state law treats anyone still living there on the 10th day after the sale as a tenant at will, and a tenancy at will ends with at least 1 month's written notice. Federal law gives most renters more: at least 90 days' written notice, and often the rest of the lease. The longer federal protection applies on top of Montana's rule.

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Reviewed against Montana law and official sources on October 11, 2026. General information, not legal advice.

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Your rights as a renter in Montana, in order

  1. The federal floor: 90 days and your lease

    At least 90 days after written notice

    A bona fide tenant must get written notice to vacate at least 90 days before the move-out date. A lease signed before the foreclosure can run to its end unless the buyer will live in the home, and that buyer still owes 90 days. Federal law keeps state rules that give more, and Montana's one-month notice is shorter, so the federal rule controls for bona fide tenants. See [tenant notice after foreclosure](/notices/tenant-notice-after-foreclosure/).

    Pub. L. 111-22 § 702, note under 12 U.S.C. § 5220

  2. Section 8 voucher holders

    For the rest of your lease

    The new owner takes the home subject to your lease and the housing assistance contract. Wanting to sell the home empty is not good cause to end your tenancy. Tell your housing authority right away.

    42 U.S.C. § 1437f(o)(7)(C), (F)

  3. Day 10: you become a tenant at will

    10th day after the trustee's sale

    The buyer at a trustee's sale is entitled to possession on the 10th day after the sale. Anyone still there, except someone whose right to the home is older than the trust indenture, is treated as a tenant at will. A lease that began before the trust indenture was recorded is the exception, so find your lease date.

    Mont. Code Ann. § 71-1-319

  4. At least 1 month's written notice under state law

    Notice period of at least 1 month

    A tenancy at will ends only with a written notice to leave within a period of at least 1 month, stated in the notice. The new owner can go to court or reenter only after that period runs. The federal 90 days still applies to bona fide tenants.

    Mont. Code Ann. §§ 70-27-104, 70-27-105

  5. Keep paying and keep proof

    Every rent due date

    We did not find a Montana statute that says who a renter pays after a trustee's sale. Ask the new owner in writing for its name, address and where to pay, check that it owns the home, and keep receipts for every payment. If you are not sure who to pay, ask Montana Legal Services Association right away.

  6. Your security deposit

    Within 30 days after the tenancy ends

    When a tenancy ends, the landlord must give you a written list of charges and refund the rest of the deposit within 30 days, or within 10 days if there is no damage, cleaning or unpaid rent or utilities. We did not find a Montana rule on moving a deposit to a foreclosure buyer, so ask your old landlord in writing what happened to it.

    Mont. Code Ann. § 70-25-202

Common questions in Montana

My Montana notice gives me one month to move after foreclosure. Is that legal?

One month is the Montana minimum for ending a tenancy at will, but federal law requires at least 90 days' written notice for a bona fide tenant, and a lease signed before the foreclosure can usually run to its end. Call Montana Legal Services Association at 1-800-666-6899 before you move.

My lease is older than my landlord's mortgage. Does that matter in Montana?

It can. Montana's trustee sale law says people still in the home after day 10 become tenants at will, except someone whose interest is prior to the trust indenture. A lease that started before the trust indenture was recorded may survive the sale, so ask legal aid to compare the dates.

Can the new owner lock me out of my Montana rental after the sale?

Montana law lets the new owner reenter or go to court only after the notice period in a written notice to a tenant at will has run, and federal law adds the 90-day notice for bona fide tenants. If anyone tries to change the locks or remove your things without a court order, call legal aid or a lawyer right away.

Step by step

More on foreclosure in Montana

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What is happening and how much time there is.

Weigh your options

What can stop it, and what happens if it goes ahead.

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Who to call, and what to do when a sale is scheduled.

Also in Montana

Property tax foreclosure Claim surplus funds Deficiency judgments HOA and condo liens Renters after foreclosure (this page)Letters you may get

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Sources for this page

  1. Mont. Code Ann. § 70-23-607, Claim for common expenses; priority of lien
  2. Mont. Code Ann. § 70-23-608, Foreclosure of lien for common expenses
  3. Mont. Code Ann. § 70-23-609, Foreclosure on unit; payment of rent
  4. Mont. Code Ann. § 70-23-610, Purchaser at foreclosure sale and prior common expenses
  5. Mont. Code Ann. § 71-3-562, Construction lien actions: limitation
  6. Mont. Code Ann. § 70-17-901, Homeowners' association restrictions
  7. Mont. Code Ann. § 71-1-319, Possession after trustee's sale
  8. Mont. Code Ann. § 70-27-104, Tenancy at will: termination by notice
  9. Mont. Code Ann. § 70-25-202, Security deposit list of damages and refund
  10. Protecting Tenants at Foreclosure Act, note under 12 U.S.C. § 5220 (govinfo)
  11. 42 U.S.C. § 1437f, Section 8 voucher leases after foreclosure (govinfo)
  12. Montana Code Annotated 2025, Title 71, Chapter 1, Part 3: Small Tract Financing Act (table of contents)
  13. Mont. Code Ann. § 71-1-312, Discontinuance of foreclosure when default paid
  14. Mont. Code Ann. § 71-1-313, Conditions for foreclosure by advertisement and sale
  15. Mont. Code Ann. § 71-1-315, Notice, sale, payment
  16. Mont. Code Ann. § 71-1-316, Disposition of proceeds of sale, surplus funds
  17. Mont. Code Ann. § 71-1-317, Deficiency judgment not allowed
  18. Mont. Code Ann. § 71-1-318, Trustee's deed
  19. Mont. Code Ann. § 71-1-222, Proceedings in foreclosure suits
  20. Mont. Code Ann. § 71-1-232, Deficiency judgment not allowed on purchase price mortgage
  21. Mont. Code Ann. § 25-13-802, Time for redemption
  22. Montana Department of Commerce, Homeowner Assistance Fund
  23. Montana Division of Banking and Financial Institutions, Consumer Information (Foreclosure Prevention)