Montana Lease Agreement

Required Landlord Disclosures (5)

States require landlords to disclose specific information related to the rental property. Here are Montana’s required disclosures.

1. Mold Disclosure: All rental contracts must contain a clause stating that the landlord has no prior knowledge of mold presence in the premises and that the tenant agrees to this statement (§ 70-16-702).

2. Move-in Inspection Checklist: Montana landlords must provide a move-in checklist to document any existing property damage before the tenant takes possession. The tenant must inspect the property and sign the checklist to confirm the accuracy of the listed conditions. These checklists ensure accurate security deposit deductions upon move-out.

The checklist should detail the rental unit’s current condition. If the unit is new and unoccupied, both the landlord (or their agent) and the tenant must sign the inventory (§ 70-25-206).

3. Methamphetamine Drug Lab Disclosure: If a Montana rental property has been contaminated with methamphetamine, the landlord must inform potential tenants until the property is professionally cleaned (§ 75-10-1305).

4. Landlord Name and Address: Montana leases must include the landlord’s or authorized agent’s name and address. This contact information ensures efficient communication of legal notices and is included in the lease agreement for easy reference. If the landlord’s contact information changes, they must notify the tenant (§ 70-24-301).

5. Lead-Based Paint Disclosure: Federal law mandates that landlords of buildings constructed before 1978 disclose to their tenants the possibility of lead paint in the interior (Residential Lead-Based Paint Hazard Reduction Act of 1992).

Security Deposit Regulations

Maximum Security Deposit Amount: Montana law does not limit security deposit amounts. Landlords are free to charge what they deem necessary.

Receipt of Deposit: Montana does not explicitly require landlords to provide tenants with a receipt detailing where the security deposit is held.

Deduction Tracking: Montana requires landlords to provide tenants with a written itemized list of damages and cleaning charges within 30 days of withholding any portion of the security deposit (§ 70-25-202).

Returning a Tenant’s Security Deposit: The landlord must return the security deposit, minus any withheld amounts, within 10 days of the end of the tenancy (§ 70-25-202).

Landlord’s Access to Property

Advance Notice: Montana law stipulates that landlords provide tenants at least 24 hours’ notice before entering the rental premises unless it’s impractical to do so (e.g., in an emergency). Landlords may only enter during reasonable hours (§ 70-24-312).

Immediate Access: Montana law allows landlords to enter the rental premises without providing notice in an emergency (§ 70-24-312).

Landlord Harassment: A landlord cannot make repeated demands for entry that unreasonably harass the tenant. If landlords continually demand entry, the tenant can take the landlord to court or terminate their lease early and move out (§ 70-24-410).

Rent Payment Laws

Grace Period: Montana does not require landlords to provide a grace period for late rent payments. Rent is due on a specified date in the lease agreement.

Late Rent Fees: Montana law does not restrict the amount of late rent fees that landlords can charge. However, it is recommended that landlords include the late fee amount in the lease agreement to avoid misunderstandings.

Tenant’s Right to Withhold Rent: Montana law allows tenants to make necessary repairs to the rental unit if the landlord fails to maintain the property in a way that affects health and safety. Tenants may deduct up to one month’s rent from their next rent payment to cover the cost of the repairs (§ 70-24-406).

Breach of Rental Agreement

Missed Rent Payment: In Montana, if a tenant fails to pay rent by the end of their grace period, a landlord can serve the tenant a written “3-Day Notice to Pay,” which gives the tenant 3 days to pay the overdue rent or vacate the property (§ 70-24-422).

Lease Violation: If a tenant breaches their lease agreement, a landlord must first give the tenant a written notice specifying the breach and outlining the time frame to remedy the issue. The required timeframe varies depending on the violation (§ 70-24-422).

Self-Help Evictions: Self-help evictions are not legal in Montana. Landlords must go through the court process to evict a tenant.

Lease Abandonment: Montana law allows landlords to seek possession of the rental unit, unpaid rent, and actual damages if a tenant breaks the lease agreement or abandons their lease early (§ 70-24-427).

Ending a Lease

Month-to-Month: These leases automatically renew monthly unless the tenant or landlord provides notice. A landlord can change the terms of a month-to-month lease by giving the tenant a written notice at least 15 days before the end of the month. A tenant can terminate a month-to-month lease by giving the landlord at least 30 days’ written notice (§ 70-24-441).

Fixed-Term: In Montana, tenants must give at least 30 days written notice to terminate a fixed-term lease unless the landlord agrees or an exception applies. If a tenant remains a resident of the property after the lease terminates and the landlord continues to accept rent, the lease is presumed to be renewed on the same terms and for the same time (§ 70-24-441).

Property Abandonment: Montana law requires landlords to store abandoned personal property they believe to be of value for at least 10 days. Landlords must also send a notice to the tenant’s last known address informing them of the abandoned property and that it will be disposed of if not claimed within 10 days (§ 70-24-430).

Renewing a Lease

Required Renewals: Montana landlords are not required to allow tenants to renew their rental agreements. This means that upon the expiration of a lease term, the landlord can renew the lease or terminate the tenancy.

Required Notice: Landlords in Montana must give at least 30 days’ notice when terminating a lease, whether month-to-month or fixed-term. Week-to-week leases require 7 days’ notice (§ 70-24-441).

Rent Control & Stabilization

Montana does not have statewide rent control or stabilization laws. Landlords in Montana generally have the freedom to set and increase rents as they see fit.