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.
- Methamphetamine Contamination Disclosure (required for some) – In Montana, disclosure of any knowledge relating to methamphetamine (manufacturing or contamination due to smoke from the use of methamphetamine) that has occurred in the dwelling or on the rental must be disclosed in the rental agreement.
- 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 hot/cold running water, proper plumbing, HVAC, a carbon monoxide/smoke detector, and more to their tenants. Tenants may request repairs to these amenities, which a landlord must perform within 14 days (or 3 days if it’s an emergency). If they do not repair the issue, an effected tenant may perform the repair and deduct method.
- Evictions – Montana landlords may evict tenants for a number of reasons including, but not limited to failure to pay rent, a violation of a leasing term, or committing an illegal act. Landlords must provide tenants with prior notice to pay, comply or quit, depending on the type of eviction.
- Security Deposits – Montana does not limit the amount landlords may charge for a security deposit. However, if there are any remaining funds at the end of the lease, it must be returned within 10 days of a tenant’s moveout date.
- Lease Termination – 30 days of notice is required for a Montana tenant to break off their month-to-month lease. Meanwhile, a fixed-term tenant must rely on certain conditions to end their lease early such as: active military duty, landlord harassment, domestic violence, an uninhabitable unit, etc.
- Rent Increases & Fees – Montana landlords may raise rent if they provide a 15-day notice. Additionally, there is no limit to how much a landlord may charge for a late fee; however, bounced check fees are limited to $30 per instance.
- Landlord Entry – A Montana landlord must provide at least 24 hours of notice before entering an occupied unit. Montana 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.