Mont. Code Ann. § 70-24-302
Landlord to deliver possession of dwelling unit
70-24-302 . Landlord to deliver possession of dwelling unit. (1) At the commencement of the term, a landlord shall deliver possession of the premises to the tenant in compliance with the rental agreement and 70-24-303 . A landlord may bring an action for possession against a person wrongfully in possession.
(2) If a landlord accepts rent or a deposit from a person intending to occupy the premises, the landlord is considered to have given consent for the person to take possession of the property and to have created a landlord-tenant relationship.