Montana Month-to-Month Lease Agreement

A Montana month-to-month rental agreement is a contract (not necessarily in writing) for a tenant to rent property from a landlord, one month at a time, in exchange for a fee (“rent”). The agreement renews monthly, until either party gives proper notice to end it.

Basics of a Montana Month-to-Month Rental Agreement

In Montana, a landlord and tenant create a month-to-month lease by agreeing to rent a property according to acceptable terms. Written agreements are clearer and more reliable in case of disagreement, but month-to-month oral (unwritten) leases are legal.

Parties under a month-to-month lease have full rights under Montana landlord-tenant law. The tenant must use the property in a responsible way and pay rent on time. The landlord must ensure the tenant’s quiet enjoyment of the property. This includes keeping critical features of the property in good working condition.

The main difference between a month-to-month lease and a fixed-term lease is that month-to-month leases can be terminated (with proper notice) by either party, for any reason, without penalty. Landlords also can usually modify terms from one month to the next, again with proper notice.

Required Disclosures for Month-to-Month Rentals in Montana

Montana landlords may not rent a property out without making the following disclosures to a potential tenant, as relevant:

• Landlord’s Name and Address – Montana leases must provide the landlord’s name and address, or that of their authorized agent. This allows required communication (for example, about repairs) to happen in a smooth way. Typically includes additional contact information, such as phone numbers and email addresses.
  
• Move-In Checklist – Landlords must provide tenants with a move-in checklist to take inventory of existing property damage before move-in. This ensures accurate deductions from the tenant’s deposit upon move-out.
• Mold Disclosure – Landlords must disclose any visible evidence of mold in the rental unit, in writing, with any initial inventory of the rental property.
  
• Methamphetamine Disclosure – Landlords must disclose any knowledge relating to methamphetamine manufacturing or contamination on rental property.
• Lead-Based Paint – Landlords must provide an EPA-approved disclosure and informational pamphlet to tenants renting any property built before 1978.

Required Notice To End a Month-to-Month Rental in Montana

Montana lets both the landlord or tenant end a month-to-month lease with at least 30 days of advance notice. [1] In general, it’s valid to end a month-to-month lease for any reason that isn’t landlord retaliation.

Montana requires written notice to end a month-to-month lease.

Required Notice To Raise the Rent on a Montana Month-to-Month Lease

Montana requires that notice to raise the rent at least 15 days before the expiration of the month. [2]

Montana requires written notice to raise the rent.

Eviction in Montana Month-to-Month Rentals

Montana tenants may get evicted if they violate lease terms or stay on the property after the notice period allowed by a valid termination. Evictions in Montana typically take three to eight weeks.

For more information on the eviction process in Montana, click here.