Montana Domestic Violence Guide

PFMA and Housing in Montana

A domestic violence record can make renting harder, and an open case can affect a lease you already have. Here is what Montana and federal law say, and what they leave to the landlord.

Written by

Ashley Hurlbert, Partner, A&M Law

Licensed Montana attorney and co-founder of A&M Law. 18 years of experience as lead counsel in 50+ jury and bench trials. A Certified Mediator and Certified Guardian ad Litem focusing on family law, criminal defense, and DUI defense.

18 yearsReviewed by Misty GaubatzLast reviewed: September 25, 2026

Key Takeaways: PFMA and Housing in Montana

A PFMA conviction is public information a landlord can find, and federal law puts no time limit on reporting convictions (MCA § 44-5-103(13); 15 U.S.C. § 1681c(a)(5)).
Montana's housing discrimination statute lists protected classes such as race, sex, and disability. A criminal record is not on the list (MCA § 49-2-305(1)).
In the Housing Choice Voucher program, a housing authority may deny admission for violent criminal activity within a reasonable time before the decision (24 C.F.R. § 982.553(a)(2)(ii)).
A month-to-month tenancy can be ended by either side on 30 days' written notice (MCA § 70-24-441(2)).
In federally assisted housing, a person cannot be denied or evicted for being a victim of domestic violence (34 U.S.C. § 12491(b)(1)).
A no contact order can put you out of your own home at once. The order controls, even if your name is on the lease.

A PFMA record does not legally bar you from renting in Montana, but a private landlord may take it into account, and a conviction can be found on a background check indefinitely. Federally assisted housing has its own screening rules, and federal law separately protects tenants who are victims of domestic violence. This page covers each piece. It is part of our Montana Domestic Violence Guide.

What a Landlord Can See

Convictions, deferred sentences, court records, and initial arrest records are public criminal justice information in Montana, with no restrictions on dissemination (MCA §§ 44-5-103(13), 44-5-301(1)). Most landlords buy a screening report, and under the Fair Credit Reporting Act that report can include a conviction of any age. Arrest records that did not lead to conviction generally cannot be reported after 7 years (15 U.S.C. § 1681c(a)(2), (5)).

A charge dismissed after a deferred sentence becomes confidential (MCA § 46-18-204(2)), and an expunged misdemeanor is sealed by the agencies named in the order. Our page on PFMA and background checks goes through each outcome.

Private Rentals: What Montana Law Does and Does Not Say

The housing section of the Montana Human Rights Act makes it unlawful to refuse to rent to a person "because of sex, marital status, race, creed, religion, color, age, familial status, physical or mental disability, or national origin" (MCA § 49-2-305(1)(a)). A criminal record is not in that list, and we did not find a Montana statute that prohibits a private landlord from screening for one. Screening practices can still raise fair housing issues in particular situations, which is a question for a housing lawyer or a fair housing organization.

Honesty on the application matters. A false answer about criminal history can become its own ground for a landlord to act later. If your case ended in a dismissal or expungement and you are unsure how to answer a question, get advice on the exact wording.

Federally Assisted Housing

In the Housing Choice Voucher program, the regulation separates mandatory from permissive denials. A housing authority must deny a household if any member is subject to a lifetime sex offender registration requirement. It may deny a household if it determines that a member is currently engaged in, or has engaged in during a reasonable time before the admission decision, violent criminal activity or other criminal activity that may threaten the health, safety, or peaceful enjoyment of other residents (24 C.F.R. § 982.553(a)(2)).

Each housing authority sets its own "reasonable time" and can reconsider an applicant who shows the activity has not recurred (24 C.F.R. § 982.553(a)(2)(ii)(B), (C)). Evidence of completed counseling and a clean record since the case is what that reconsideration looks at.

If You Already Have a Lease

A new charge raises three housing issues at once.

The no contact order. An order served at arrest can require you to stay up to 1,500 feet from the protected person's location, which in practice can include a home you share (MCA § 45-5-209(1)). It applies whether or not you are on the lease. See the 72-hour no contact order and where can I live.
The lease itself. A landlord may give written notice of termination for noncompliance with the rental agreement, with a 3-day notice period if a tenant creates a reasonable potential that neighboring tenants may be injured or damages the premises (MCA § 70-24-422(3), (4)). A month-to-month tenancy can be ended by either side with at least 30 days' written notice (MCA § 70-24-441(2)).
Rent and bills. Being ordered out does not by itself end your obligations under a lease. Who pays what while the case is pending is covered in the family home and bills during the case.

Property damage alleged during the incident can also lead to a separate charge. See property damage in a domestic dispute.

Protections for Tenants Who Are Victims

The strongest protections are federal and apply to housing under a covered housing program, such as public housing and vouchers. An applicant or tenant "may not be denied admission to, denied assistance under, terminated from participation in, or evicted from the housing on the basis that the applicant or tenant is or has been a victim of domestic violence, dating violence, sexual assault, or stalking" (34 U.S.C. § 12491(b)(1)).

The same law lets a housing provider divide a lease in order to remove a household member who commits domestic violence without evicting or penalizing the victim (34 U.S.C. § 12491(b)(3)(B)). For a person accused of PFMA who lives in assisted housing, that means a housing consequence can arrive on its own track, separate from the criminal case.

The table of contents of Montana's Residential Landlord and Tenant Act (Title 70, chapter 24) has no section written specifically for tenants who are victims of domestic violence. It does provide that a "notice of no contact" between a landlord and tenant is valid only when it rests on a court's no contact order or order of protection, or on the PFMA no contact statute (MCA § 70-24-111).

Anyone who is in danger at home should call 911. The National Domestic Violence Hotline is 1-800-799-7233.

Registered Addresses

A first or second PFMA does not require registration. A third or later PFMA and strangulation of a partner or family member are violent offenses, and the name and address of a registered violent offender are public (MCA §§ 46-23-502(14), 46-23-508(1)(a)). See the violent offender registry and PFMA.

This page explains Montana law as of the 2025 Montana Code Annotated and federal law in general. It is not legal advice about your specific case.

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FAQ

PFMA and Housing in Montana FAQ

Can a landlord deny me for a PFMA in Montana?

A private landlord generally can consider it. Montana's housing discrimination law bars refusing to rent because of sex, marital status, race, creed, religion, color, age, familial status, physical or mental disability, or national origin (MCA § 49-2-305(1)(a)). Criminal history is not among the listed grounds. Federally assisted housing has additional rules of its own.

How long will a PFMA show up on a rental background check?

A conviction can be reported indefinitely. The federal 7-year limit covers arrest records and other adverse items but expressly excepts records of convictions of crimes (15 U.S.C. § 1681c(a)). A case dismissed after a deferred sentence, or an expunged misdemeanor, should not appear in public Montana records.

Can I get Section 8 or public housing with a PFMA conviction?

It is not an automatic bar under the voucher regulation, but it can be a reason for denial. A public housing agency may prohibit admission if a household member has engaged in violent criminal activity during a reasonable time before the admission decision, and the agency sets that period (24 C.F.R. § 982.553(a)(2)(ii)). Ask the housing authority for its written policy.

My name is on the lease. Can a no contact order keep me out?

Yes. A no contact order or an order of protection can bar you from a residence regardless of whose name is on the lease or deed. The order does not cancel the lease, so questions about rent and belongings are separate. Follow the order exactly and see our pages on where you can live and getting your belongings.

Can a victim of domestic violence be evicted because of the abuse?

Not from housing under a covered federal program on that basis. A tenant may not be evicted or denied assistance because they are or have been a victim of domestic violence, and an incident of domestic violence may not be treated as a serious lease violation by the victim (34 U.S.C. § 12491(b)(1), (2)). Montana's Residential Landlord and Tenant Act does not contain a comparable section for private rentals.

Housing Questions During a PFMA Case?

Where you can live is usually decided at the first court appearance. Call 406-830-3060 for a confidential consultation.

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