My tenant changed the lock to my rental property. Can I get a key as landlord?

Full question:

I have rented my house in Montana three months back. My tenant has changed the lock to my rental property and has refused to give me the key to the new lock. My tenant says that I can access the rental property at any time in his presence, but I have no right to ask for or keep the key to the house. What remedies do I have in this situation?

• Category: Landlord Tenant
• Date: 04/07/2025
• State: Montana

Answer:

In Montana, per 70-24-312 (5), MCA, a tenant is not permitted to “remove a lock or replace or add a lock” without providing a key to the landlord. At all times, the landlord is entitled to have access to the rental property. 70-24-312 (5), MCA reads:
 

“A tenant may not remove a lock or replace or add a lock not supplied by the landlord to the premises without the written permission of the landlord. If a tenant removes a lock or replaces or adds a lock not supplied by the landlord to the premises, the tenant shall provide the landlord with a key to ensure that the landlord will have the right of access as provided by this chapter.”

70-24-424, MCA provides the remedies that are available to a landlord when the tenant replaces the lock.70-24-424, MCA states:
 

“(1) If the tenant refuses to allow lawful access, the landlord may either obtain injunctive relief to compel access or terminate the rental agreement. In either case the landlord may recover actual damages.
(2) If a tenant removes a lock or replaces or adds a lock not supplied by the landlord to the premises and fails to provide a key as required by 70-24-312(5), the landlord may either obtain injunctive relief or terminate the rental agreement.” 

 
The landlord may “either obtain injunctive relief or terminate the rental agreement” against the tenant for not providing the landlord with the key of the new lock.