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Montana Lease Agreement Templates (7)

A Montana rental agreement creates a binding arrangement between a landlord and a tenant for the use of commercial and residential property. Once all pages in the agreement have been initialed and signed, including the required disclosures, it becomes legally binding to both parties.
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By Type (7)

Standard Residential Lease Agreement – Typical fixed arrangement, usually 12 months, for any type of residence.

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Association of Realtors Lease Agreement – To be used and written by a realtor when creating a rental contract between a landlord and tenant.

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Commercial Lease Agreement – For space that is not livable, rather for a business or any type of non-residential use.

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Month-to-Month Lease Agreement – Known as a tenancy at will with no end date, but according to § 70-24-441, it can be terminated with at least 30 days’ notice.

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Rent-to-Own Lease Agreement – Form with the added benefit to the tenant of being able to purchase the property according to the option’s conditions.

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Room Rental (Roommate) Agreement – For the shared living arrangement of individuals in a common residential dwelling.

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Sublease Agreement – Used when a tenant is seeking to elect someone else to take over the remaining responsibility on a lease they are bound to until its termination.

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Required Disclosures (5)

  1. Lead-Based Paint Disclosure & EPA Pamphlet – Federal law requires the landlord of any residence built before 1978 to notify tenants that the paint on the interior may contain this hazardous substance.
  2. Mold Disclosure – All rental contracts must include this form or language included in the agreement acknowledging that the landlord has no prior information about any mold existing on the premises.[1]
  3. Methamphetamine Drug Lab Disclosure – If the property has been used as a meth lab or has been contaminated by smoke from the use of methamphetamine, the landlord must disclose if the property has been remediated.[2]
  4. Move-in Inspection Checklist – If the landlord accepts a security deposit, this document must be attached to the lease, and the tenant should inspect the property for pre-existing damage.[3]
  5. Landlord/Manager/Agent Identification – The person authorized to enter the premises must be stated in the lease in addition to an address for notices by the tenant.[4]

Security Deposits

Maximum Amount – There is no limit to how much a landlord can request as a security deposit.

Collecting Interest – Montana state law does not require the landlord to collect or pay interest on a security deposit.

Move-in Checklist – If the landlord requires a security deposit, then they must also provide the tenant with a written statement describing the conditions of the premises at the start of the lease.[3]

Returning – The landlord must return the security deposit, minus any withheld amounts, to the tenant within 10 days of the end of tenancy.[5]

  • Itemized List – If the landlord withholds any portion of the security deposit to cover the cost of damages, they must provide the tenant with a written list of damage and cleaning charges within 30 days.[6]

When is Rent Due?

Grace Period – There is no law establishing a grace period for the late payment of rent; rent is due on the date agreed upon in the lease.

Maximum Late Fee – Montana state law does not limit the amount that a landlord can charge in late rent fees. However, it is good practice to include the late fee in the lease agreement.

NSF Fee – $30 is the maximum amount a tenant can be charged for a bounced check.[7]

Withholding Rent – If the landlord fails to maintain the premises in a way that affects health and safety, the tenant may make repairs to the unit and deduct up to one month’s rent from their next payment.[8]

Right to Enter (Landlord)

Standard Access – Unless it is impractical to do so, the landlord must give the tenant 24 hours’ notice before accessing the premises, and they may only enter the residence at reasonable times.[9]

Immediate Access – The landlord may enter the property without giving notice to the tenant in the case of an emergency.[10]

Abandonment

Absence – A rental agreement may require that the tenant inform the landlord of anticipated extended absence in excess of seven days.[11] If the tenant fails to give notice of their extended absence, the landlord may recover damages.[12]

Breaking the Lease – If the tenant breaks the lease early, the landlord has a claim for possession, rent, and actual damages for any breach of the rental agreement.[13]

Tenant’s Utility Shutoff – If the tenant’s failure to maintain utilities on the premises violates applicable building and housing codes, or otherwise fails to comply with the lease agreement, then the landlord may give 14 days’ notice to vacate.[14]

Unclaimed Property – The landlord must store any abandoned personal property that they believe to be of value for at least 10 days. They must also give notice to the tenant’s last known address that the property will be disposed of if not removed.[15]

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