The Montana rental agreements are legal documents written between a landlord and a tenant. The tenant agrees to make regular rent payments in exchange for the use of the property. These contracts describe the terms of the property, and they cannot supersede state laws.
Montana Rental Agreement Types
Montana Required Lease Disclosures
- Landlord’s Name & Address (required for all) – Each Montana lease agreement must include the contact information for the landlord or an authorized property agent for correspondence with the tenant.
- Move-In Checklist (required for some) – When charging a security deposit, Montana landlords are required to include a move-in checklist that must be acknowledged and agreed to by the tenant before taking possession of the unit, which can then be used to evaluate the condition of the property so that accurate damages can be applied to the security deposit at move-out.
- Mold Disclosure (required for some) – If there is a known mold threat in a Montana rental unit, landlords must provide a specific disclosure outlined in the statue as part of the lease agreement to help protect new tenants from the hazard.
- Lead Based Paint Disclosure (required for some) – Landlords in Montana are required to provide a lead based paint disclosure that includes notice of known hazards and an EPA-approved informational pamphlet about the dangers lead based paints pose in properties built before 1978.
To learn more about required disclosures in Montana, click here.
Montana Landlord Tenant Laws
- Warranty of Habitability – In Montana, all landlords must provide in-unit heating, running water, proper plumbing, a smoke detector, and more to their tenants. Tenants may request repairs to these amenities, which a landlord must perform within 14 days. If they do not act upon said repair request, an effected tenant may perform the repair and deduct the cost (up to the value of 1 month’s rent).
- Evictions – Montana landlords may evict their tenant for failing to pay rent (3-day notice) or committing an illegal act (3-day notice). A tenant can also be evicted for breaking a lease term, but the notice period for this varies based upon the type of infraction. These range from 3 days (damage repairs or unauthorized per) to 14 days (most other violations).
- Security Deposits – Montana does not limit security deposit values at all. However, any funds collected under this title must be returned within 30 days of a tenant’s moveout date.
- Lease Termination – 30 days of notice is all that’s required for a Montana tenant to break off their month-to-month lease. Meanwhile, a fixed-term tenant must rely on one of the following justifications to end their lease early: active military duty, landlord harassment, or an uninhabitable unit.
- Rent Increases & Fees – Montana landlords are not limited in their ability to raise rent prices. To that end, they can raise their tenants’ rent rates without notice or justification. A similar standard applies to fees, of which landlords may charge any amount they want. Bounced check fees are excluded here and limited to $30 per instance.
- Landlord Entry – A Montana landlord must provide at least 24 hours of notice before entering an occupied unit. This amount can also be raised via a lease agreement. Montana generally allows landlords to enter without notice to warn of an emergency, though.
- Settling Legal Disputes – Montana’s small claims court accepts most cases (including evictions) valued at up to $7,000. However, cases filed here must abide by the court’s 5 or 3 year statute of limitations for written and oral contracts, respectively.
To learn more about landlord tenant laws in Montana, click here.