HB 311 Montana House · 2025 Regular Session

Require the refund of rental application fees

HB 311 requires landlords and property managers to refund residential rental application fees to applicants who do not ultimately sign a rental agreement. Landlords may deduct costs for specific services actually performed, such as a credit check, if the applicant was given written notice of these allocated costs when the fee was collected. However, they cannot retain fees for services not performed or for their own time. If an application fee is wrongfully withheld, an applicant can take civil action to recover the amount, with potential for attorney fees.
Bill status signed all 5 stages cleared
Introduction
Jan 2025
Committee Review
Apr 2025
House Passage
Apr 2025
Senate Passage
Apr 2025
Signed into Law
May 2025
Introduced Jan 24, 2025 Signed May 5, 2025
Maddy AI version diff · 8 comparisons

What changed between versions

HB0311_X(4).pdf HB0311_X(5).pdf · 4 edits
MODERATE
The bill was revised to narrow its scope, now applying only to property managers of four or more dwelling units instead of landlords or property managers of such units. It also clarifies that 'costs' deductible from application fees are strictly limited to out-of-pocket expenses for specific services like credit checks, explicitly excluding fees for the manager's time or effort. Enforcement language was updated to shift the burden of proof regarding service performance entirely onto the property manager.
Scope change
The bill's applicability was reduced from all landlords and property managers of multi-unit properties to only property managers of four or more dwelling units.
ELIGIBILITY

Restricted the bill's application to property managers of four or more dwelling units, removing landlords from the scope.

DEFINITION

Redefined 'cost' to include only out-of-pocket expenses for specific services, explicitly excluding fees for time or effort.

REQUIREMENT

Changed the refund requirement to apply only when an applicant does not sign a rental agreement or one with the same legal effect.

ENFORCEMENT

Shifted the burden of proof regarding services rendered entirely to the property manager.

Floor votes · Senate Apr 8, 2025 · House Apr 15, 2025

How they voted

3414
Passed · 2 other
Total votes 50
Apr 8, 2025
D Democratic18
17 Yea 1
94% Yea
R Republican32
17 Yea 14 Nay 1
53% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
45
Key actions
7
Committee
5
Amendments
2
May 1, 2025
Signed into law
(H) Signed by Governor
lower
Apr 22, 2025
Upper · Passed
(S) Signed by President
upper
Apr 18, 2025
Lower · Passed
(H) Signed by Speaker
lower
Apr 15, 2025
House · Passed
House Vote: pass (68-29-3)
house
Apr 8, 2025
Senate · Passed
Senate Vote: pass (34-14-2)
senate
Apr 8, 2025
Introduced
(S) Returned to House with Amendments
upper
Apr 3, 2025
Upper · Passed
(S) Committee Report - (S) Business, Labor and Economic Affairs
upper
Apr 2, 2025
Upper · Passed
(S) Committee Executive Action - (S) Business, Labor and Economic Affairs
upper
Mar 20, 2025
Committee
(S) Rereferred to Committee - (S) Business, Labor and Economic Affairs
upper
Mar 14, 2025
Committee
(S) Referred to Committee - (S) Judiciary
upper
Feb 17, 2025
Amended
(H) Tabled in Committee - (H) Judiciary
lower
Jan 27, 2025
Committee
(H) Referred to Committee - (H) Judiciary
lower
Jan 24, 2025
Introduced
(H) Introduced
lower
1 primary · 0 co-sponsors

Sponsors

Role
Legislator
Party
State
District
P
Photo of Kelly Kortum
Kelly Kortum
DDemocratic
MT
64