The Montana month-to-month rental agreement allows a landlord and a tenant to create a “tenancy at will” in which a monthly payment is made in exchange for the use of real property. The contract has no end date and renews monthly.
This is useful for people staying in an area for a truncated period of time or for those that are unsure how long they will be dwelling in an area. Additionally, this also frees landlords up to raise rent more frequently than is possible with a fixed-term lease.
Montana Notice Requirements for Month-to-Month Lease Termination
Like many other states, Montana allows for both tenants and landlords to nearly effortlessly end the lease without any stated reason. That being said, for the sake of convenience for the other party, both the landlord and tenant must provide some warning before vacating a unit. In Montana, both parties must notify the other at least 30 days before the move-out date. This provides the tenant with enough time to elicit a new living arrangement, and it provides the landlord with enough time to seek out new tenants.
Raising Rent in Montana
Similarly to a fixed-term lease, which states that a landlord cannot raise the rent until the end of a lease term, month-to-month rentals have a similar limitation. With that in mind, since the term of this lease is just a month, with an at-will lease, a landlord can effectively raise the rent whenever he or she deems it to be appropriate, and if the tenant doesn’t wish to pay this amount, he or she can simply furnish a notification that indicates that they are leaving the unit. That being said, in Montana, the landlord must provide an advanced written notice within 30 days of the rent increase.
According to § 70-16-703, language is required in all rental contracts or this form to be attached to acknowledge that the landlord has no prior information about any mold existing on the premises.
MOLD DISCLOSURE. There are many types of mold. Inhabitable properties are not, and cannot be, constructed to exclude mold. Moisture is one of the most significant factors contributing to mold growth. Information about controlling mold growth may be available from your county extension agent or health department. Certain strains of mold may cause damage to property and may adversely affect the health of susceptible persons, including allergic reactions that may include skin, eye, nose, and throat irritation. Certain strains of mold may cause infections, particularly in individuals with suppressed immune systems. Some experts contend that certain strains of mold may cause serious and even life-threatening diseases. However, experts do not agree about the nature and extent of the health problems caused by mold or about the level of mold exposure that may cause health problems. The Centers for Disease Control and Prevention is studying the link between mold and serious health conditions. The seller, landlord, seller’s agent, buyer’s agent, or property manager cannot and does not represent or warrant the absence of mold. It is the buyer’s or tenant’s obligation to determine whether a mold problem is present. To do so, the buyer or tenant should hire a qualified inspector and make any contract to purchase, rent, or lease contingent upon the results of that inspection. A seller, landlord, seller’s agent, buyer’s agent, or property manager who provides this mold disclosure statement, provides for the disclosure of any prior testing and any subsequent mitigation or treatment for mold, and discloses any knowledge of mold is not liable in any action based on the presence of or propensity for mold in a building that is subject to any contract to purchase, rent, or lease.
If the landlord accepts a security deposit this document must be attached to the lease and the tenant should inspect the property for pre-existing damage (§ 70-25-206).
Check out our tenant welcome letter & move-in checklist to make sure you’re ready for new tenants.
Any person authorized to enter the premises must be stated in the lease in addition to an address for notices by the tenant.
Landlord: Name Address: Full mailing address
Property Manager/Agent: Name Address: Full mailing address
Lead-Based Paint Hazards
This isn’t Florida-specific, but if the unit being rented out was built before 1978, the landlord is required to do the following 3 things:
- Provide the tenant with an EPA-approved pamphlet about the dangers of lead-based paint (see latest pamphlet PDFs here).
- Disclose any known information concerning lead-based paint in the unit (i.e. its location, condition, etc.), and include any records or reports about the paint or its hazards. For multi-unit buildings with common areas, this includes information from building-wide evaluations.
- Fill out and attach this disclosure form to the lease.