Managing rental property in Montana means dealing with both big spaces and small details. From Missoula to Billings, each rental property comes with its own unique rhythm, as well as its own set of paperwork. A Montana lease agreement provides landlords and tenants with a structure that outlines how rent, maintenance, and communication will unfold over time.
Disclosures (5)
Montana law keeps the list of required disclosures short, but that doesn’t make them optional. Specific details must appear in every Montana rental agreement. Missing them can cause confusion later, so it’s worth double-checking before anyone signs.
- Lead-based paint: Federal law requires landlords to disclose any known information about lead-based paint and its hazards in homes built before 1978.
- Mold disclosure: All Montana lease agreements must contain a statement that you have no prior knowledge of existing mold in the unit, and the tenant must agree (Mont. Code § 70-16-702).
- Move-in inspection checklist: Landlords must include a move-in checklist that details the condition of the unit at move-in, including any existing damages. They use this checklist again at move-out to calculate deductions. Tenants must inspect the unit and agree to the checklist (Mont. Code § 70-25-206).
- Methamphetamine drug lab disclosure: If the rental has come in contact with methamphetamine, the landlord must disclose this to the tenant until they can have the unit properly cleaned (Mont. Code § 75-10-1305).
- Landlord name and address: A Montana lease agreement must include the name and contact information of the landlord or authorized agent. If any of the information changes, you must notify the tenant (Mont. Code § 70-24-301).
Optional Disclosures and Addenda
Some topics, while not required, are still smart to include in your lease agreement. Adding these optional disclosures helps prevent minor misunderstandings from becoming significant disputes later on.
Asbestos: Informs tenants of any asbestos-related hazards on the property, including tips to minimize exposure.
Bed bugs: Discloses any known or suspected bed bug infestations in the unit or adjacent units.
Late/returned check fees: Outlines the fees associated with late or returned rent checks. In Montana, there is no limit on late fees for rent, and returned check fees are capped at $30 per check (Mont. Code Ann. § 27-1-717(2)).
Medical marijuana use: Details the policy regarding the use of medical marijuana in the unit, as well as any restrictions or limitations.
Non-refundable fees: Outlines any non-refundable fees in your lease so they’re enforceable.
Shared utilities arrangement: Explains how the landlord will divide utility costs if any units share a meter.
Smoking: Details the smoking policy for the rental, including any designated smoking areas on the property.
Consequences of Not Including Mandatory Disclosures
Skipping legally required disclosures might seem harmless, but it can come back to haunt you. In Montana, missing information can affect your ability to enforce parts of the lease or defend against tenant claims. Taking a few minutes to verify compliance up front saves time, stress, and potential court costs later.
Security Deposit Regulations in Montana
Montana allows landlords to collect a security deposit to cover unpaid rent or damages beyond normal wear and tear. Detailed move-in and move-out inspections help protect both sides and avoid confusion when it’s time to calculate deductions.
Maximum amount: Montana law does not limit how much landlords can charge as a deposit.
Deposit receipt: Montana doesn’t require landlords to provide a receipt for their security deposit payment.
Security deposit return: In Montana, landlords must return a tenant’s security deposit, minus any deductions, within 10 days of lease termination (Mont. Code § 70-25-202).
Deductions: State law requires landlords to provide an itemized list of deductions within 30 days of withholding any funds (Mont. Code § 70-25-202).
Rent Payment Regulations
Montana doesn’t cap rent amounts or late fees, but consistency is key. State law lets landlords set due dates, grace periods, and penalties as long as they are in the lease agreement. Make sure every lease term is spelled out in writing and enforced evenly across tenants.
Rent control/stabilization: Rent control and stabilization do not exist in Montana.
Late rent fees: State law does not limit the amount that landlords can charge as a late fee, although you should clearly outline the cost in the lease agreement.
Grace period: Montana does not require landlords to extend a grace period to tenants for late rent.
Tenant’s right to withhold rent: If the landlord fails to make necessary repairs that affect health or safety, tenants are allowed to make necessary repairs on their own, then deduct the cost from a future rent payment, up to the amount of 1 month’s rent (Mont. Code § 70-24-406).
Violations
When a tenant violates any part of their lease agreement, Montana landlords must give written notice before taking further action. The notice period depends on the issue, but always requires clarity and documentation.
Lease violation: If a tenant violates any part of their lease, the landlord may issue a Notice to Cure or Quit, allowing the tenant a specific amount of time to remedy the issue or move out. The amount of time required depends on the violation (Mont. Code § 70-24-422).
Missed rent payment: If a tenant misses a rent payment in Montana, the landlord may issue a 3-day Notice to Pay or Quit, giving the tenant 3 days to catch up on rent or vacate the property (Mont. Code § 70-24-422).
Lease abandonment: If a tenant abandons their lease before the end of its term, landlords are entitled to seek possession of the unit and pursue unpaid rent and damages from the tenant (Mont. Code § 70-24-427).
Self-help evictions: In Montana, self-help evictions are illegal. Landlords should never attempt to remove tenants on their own.
Terminating a Lease
Ending a lease early, whether by the landlord or tenant, should follow the written lease terms and state requirements. Here’s what you need to know about terminating a lease in Big Sky Country:
Standard lease: Generally, 30 days’ notice is required for either party to terminate a fixed-term Montana lease agreement. If a tenant stays in the unit after the lease terminates and the landlord continues to accept rent payment, both parties can assume that the lease is renewed on the same terms and for the same duration (Mont. Code § 70-24-441).
Month-to-month: Landlords or tenants may terminate a month-to-month rental agreement with 30 days’ written notice to the other party (Mont. Code § 70-24-441).
Property abandonment: If any valuable property is left behind, the landlord must store the items for 10 days and send a written notice to the tenant’s last known address informing them about the property and that they will dispose of the items after 10 days (Mont. Code § 70-24-430).
Renewing a Lease
Renewing a lease in Montana offers stability for both landlords and tenants. Before providing a renewal, review payment history and property condition, then decide whether to adjust rent or update policies.
Notice requirements: For a fixed-term or month-to-month lease agreement, you must give 30 days’ notice if you will not be renewing the lease ( Mont. Code § 70-24-441).
Renewals: Montana landlords are not required to allow a tenant to renew their lease at the end of its term.
Landlord’s Access to Property
Montana landlords can enter the rental for inspections, repairs, or emergencies, but reasonable notice is expected and appreciated. Respecting your tenant’s privacy helps to build trust and reduce disputes.
Immediate access: In the event of an emergency, state law allows landlords to enter the unit without giving any notice (Mont. Code § 70-24-312).
Notice requirements: For routine maintenance or repairs, landlords must give at least 24 hours’ notice to tenants before entering, and may only enter at reasonable hours (Mont. Code § 70-24-312).
Harassment: If a landlord makes repeated requests to enter the unit without just cause, or enters without giving the required notice, it is considered harassment. In these cases, tenants may take their landlord to court and even break their lease early (Mont. Code § 70-24-410).
