Housing (Landlords)

This bill revises Montana's landlord and tenant laws to clarify protections for invitees who have not established a formal rental relationship, allowing owners to request law enforcement remove unauthorized occupants. It establishes specific timelines for eviction hearings, requiring courts to hear possession cases within 10 business days for most violations or 5 days for certain noncompliance issues. The legislation also sets a 45-day limit for resolving damage claims and mandates that eviction writs be executed by the sheriff within 5 business days after a landlord wins a possession case. Additionally, it defines what counts as valid authorization to occupy property, including written rental agreements or verified verbal permission from landlords or tenants.

This bill clarifies that Montana local governments cannot create additional licensing or permitting requirements beyond what state law already allows. It directly affects local municipalities, counties, and other local government units by explicitly listing prohibited powers across various areas such as landlord-tenant relations, environmental regulations, occupational licensing, and commercial activities. The key mechanism is amending Section 7-1-111 of the Montana Code Annotated to add specific prohibitions, including bans on local fees for oversized vehicles, restrictions on regulating amateur radio operations, and limits on imposing additional employment benefits on private employers. The bill takes effect immediately upon passage, providing clear boundaries for local legislative authority without changing existing state laws.

SB 149 revises laws regarding emotional support animals (ESAs) in housing, affecting tenants with disabilities and landlords. The bill allows landlords to request specific documentation from a licensed health care practitioner if a tenant's need for an ESA is not readily apparent. This documentation must come from a practitioner with an established client-provider relationship who has conducted a clinical evaluation and identified the specific therapeutic support the animal provides. The bill also clarifies that ESA registration cards alone are not sufficient proof and holds tenants liable for damages caused by their emotional support animals.