Montana Month-to-Month Lease Agreement

A Montana month-to-month rental agreement is a contract (not necessarily in writing) which allows a tenant to rent property from a landlord, for one month at a time, in exchange for a fee (“rent”). The rental 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 rental agreements are clearer and legally stronger, but oral leases are legal in a month-to-month context.

Parties under a month-to-month lease enjoy 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 keep essential features of the property in habitable condition, and protect the tenant’s quiet enjoyment of the lease.

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 – Landlords must give the tenant their name and address, or that of their authorized agent, to enable smooth communication of legal notice.
• Move-In Checklist – Landlords must provide tenants with a move-in checklist to take inventory of existing property damage before move-in.
• 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 terminate a month-to-month lease with at least 30 days of advance notice. [1] In general, any reason that isn’t landlord retaliation is a legal and valid grounds for ending a month-to-month lease.

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 for a rental increase be delivered in writing, at least 15 days before the expiration of the month. [2]

Eviction in Montana Month-to-Month Rentals

Montana tenants may face eviction for violating a month-to-month lease or remaining 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.