A Montana residential lease agreement (“rental agreement”) is a legal contract between a landlord overseeing a residential property and a tenant who wishes to rent it. A residential lease may, on or before move-in, additionally require a security deposit from the tenant as assurance against future property damage.
Montana Residential Lease Agreement Disclosures
These disclosures are required for some or all residential lease agreements in Montana:
| Disclosure | Applicable To |
|---|---|
| Landlord Name and Address | All Units |
| Move-In Checklist | All Leases Collecting Security Deposits |
| Mold | All Units With Known Mold Contamination |
| Meth | All Units With Known Methamphetamine Contamination |
| Lead Paint | All Units Built Before 1978 |
Landlord’s Name and Address
Applicable to all Montana rentals.
Montana leases must contain the name and address of the landlord or authorized agent. This enables smooth communication of any important legal notice. This contact information is most often written in the lease agreement, for maximum convenience. The landlord has an obligation to notify the tenant in the event of a change in contact information.
Move-In Checklist
Applicable to all Montana leases collecting a security deposit.
Montana landlords must provide a move-in checklist to inventory existing property damage, when the tenant takes possession of the rental property. The tenant must sign the checklist after inspecting the property to confirm the described conditions are accurate. This enables accurate deductions from the security deposit upon move-out.
The checklist should contain a detailed statement of the current condition of the rental unit. If the rental unit has never been occupied, the landlord (or landlord’s agent) must also sign the inventory.
Download: Montana Move-In Checklist Disclosure Form (PDF)
Mold Disclosure
Applicable to any Montana rentals with known mold contamination.
Montana landlords must provide a mold disclosure as part of the rental agreement if there is a known presence of toxic mold. The disclosure must be provided alongside the rental agreement or as part of it, before the lease begins, and the tenant must sign the disclosure to acknowledge receipt. The disclosure requires the following language:
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.
Download: Montana Mold Disclosure Form (PDF)
Methamphetamine Contamination Disclosure
Applicable to any Montana rental with known methamphetamine contamination that has not been professionally remediated.
Montana landlords must disclose any known methamphetamine contamination on a rental property, unless and until the contamination has been professionally treated to a safe level.
Download: Montana Methamphetamine Disclosure Form (PDF)
Lead-Based Paint Disclosure
Applicable to any Montana rentals built before 1978.
For any property built before 1978, federal law requires that a Montana residential lease must contain a lead-based paint disclosure. This requires landlords to do the following:
- Fill out and attach this lead-based paint disclosure form to the lease agreement
- Provide the tenant with an Environmental Protection Agency (EPA) approved pamphlet about the dangers of lead-based paint
- Provide any additional records or reports about the presence or hazards of lead-based paint in the unit (for multi-unit buildings with common areas, this includes information from building-wide evaluations)
Download: Montana Lead-Based Paint Disclosure Form (PDF)
Optional Disclosures and Addenda (Recommended)
The following lease agreement disclosures and addenda are not required by Montana law in residential lease agreements, but assist with tenant management and help limit landlord liability.
| Optional Disclosure | Purpose |
|---|---|
| Asbestos | Informs tenants about any asbestos hazards related to the property. Tenants can take precautions to reduce asbestos hazards by avoiding any disturbance of asbestos fibers. |
| Bed Bugs | Informs tenants whether the property or an adjacent unit has a history of suspected bed bug infestation, and reminds the tenant of the obligation to report suspected infestation immediately. |
| Late/Returned Check Fees | Specifies late fees or returned check fees related to the lease. Montana has no cap on late fees and a a $30 cap on returned checks. |
| Medical Marijuana Use | Informs tenants about policy related to medical marijuana use on the rental property. Some state laws allow landlords to restrict marijuana usage to non-smoking methods only, or allow use only in designated smoking areas. |
| Non-Refundable Fees | Charges not agreed by the tenant in the lease may be refundable upon lease termination. For Nebraska landlords to charge a non-refundable fee, it must be disclosed and agreed as such in the lease. |
| Shared Utilities Arrangements | Discloses how charges are billed to individual tenants, when multiple rental units share a utility meter for the whole building or property. This ensures tenants receive fair charges and understand what uses contribute to their bill. |
| Smoking | Informs tenants of designated smoking areas that do not interfere with the quiet enjoyment of other tenants. |
Consequences of Not Including Mandatory Disclosures
Mandatory disclosures outline important health, safety, and property information for both landlord and tenant safety. A landlord who fails to provide federally or state-mandated disclosures could face legal consequences or monetary penalties, either from a tenant lawsuit or from state officials. Many lease provisions may be unenforceable without legally required disclosures.
Failure to comply with the federal lead-based paint hazard disclosure risks fines of tens of thousands of dollars per violation.
Sources
- 1 MT Code § 70-24-301 (2019)
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…(1) A landlord or a person authorized to enter into a rental agreement on the landlord’s behalf shall disclose to the tenant in writing at or before the commencement of the tenancy the name and address of:
(a) the person authorized to manage the premises; and
(b) the owner of the premises or a person authorized to act for the owner for the purpose of service of process and receiving notices and demands.
(2) The information required to be furnished by this section must be kept current and in writing, and this section extends to and is enforceable against any successor landlord, owner, or manager…
- 2 MT Code § 70-25-206 (2019)
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…(1) Any person engaged in the rental of property for residential purposes who requires a security deposit shall furnish to each tenant, in conjunction with execution of a lease or creation of a tenancy, a separate written statement as to the present condition of the premises intended to be let. At the written request of the tenant, a copy of the written list of damage and cleaning charges, if any, provided to the tenant of the immediately preceding leasehold agreement for the premises in question must be provided to the tenant.
(2) Each written statement of the present condition of a premises intended to be let shall contain at least the following:
(a) a clear and concise statement of the present condition of the premises known to the landlord or the landlord’s agent or which should have been known upon reasonable inspection;
(b) if the premises have never previously been let, a statement indicating the fact; and
(c) the signature of the landlord or the landlord’s agent…
- 3 MT Code § 70-16-703 (2019)
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…(2) Whenever a seller or landlord or an agent of either has knowledge that a building has mold present, the seller, landlord, or agent of either shall, prior to or upon entry into a contract for the purchase, rent, or lease, disclose to the buyer or renter the presence of the mold. Whenever a seller or landlord knows that a building has been tested for mold, the seller or landlord, prior to or upon entry into a contract for the purchase, rent, or lease of that building, shall advise the buyer or tenant that testing has occurred and shall provide to the buyer or tenant a copy of the results of that test, if available to the seller or landlord, and evidence of any subsequent mitigation or treatment…
- 4 Mont. Code Ann. § 27-1-717(2)
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The person who issues the [dishonored] check, draft, converted check, electronic funds transfer, or order is liable to the payee or the payee’s assignee for a service charge in an amount not greater than $30.
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