Montana Month-to-Month Lease Agreement
This documentation outlines the legal requirements and necessary disclosures related to month-to-month rental agreements in Montana, based on the provided source material.
Montana Month-to-Month Lease Agreement
Month-to-Month Lease Laws
Termination Notice
In Montana, both landlords and tenants must provide a notice of at least 30 days to terminate a month-to-month lease agreement. This notice must be sent via certified mail with a return receipt to ensure proper documentation of the termination.
Rent Increase Notice
Landlords have the ability to increase rent for monthly tenancies, provided they give the tenant at least 15 days’ notice prior to the increase. There is no limit on the amount by which rent can be increased.
Required Disclosures
Landlords are required to provide the following disclosures to tenants:
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Lead-Based Paint Disclosure – This is mandatory for properties built prior to 1978, informing tenants of the potential presence of lead-based paint.
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Methamphetamine Disclosure – This disclosure is necessary if the property was previously used to produce methamphetamine and has not been cleaned to state standards.
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Mold Disclosure – A disclosure form must be provided regarding the presence of mold in the property.
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Manager Information – Tenants must receive the name and address of the property manager as well as the owner and their authorized representatives.
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Move-In Checklist – A checklist that outlines the condition of the property at the time of move-in must be provided to the tenant.
Montana Month-to-Month Eviction
If a landlord wishes to terminate a tenancy, they must provide a written notice of at least 30 days, clearly stating the deadline for the tenant to vacate the property. If the tenant does not vacate within this timeframe, the landlord may initiate a formal eviction process.
Statutes
- Mont. Code § 70-25-101(4) – Definitions
- Mont. Code § 70-25-201(1) – Security deposit – deductions authorized therefrom
- Mont. Code § 70-25-202 – List of damages and refund – delivery to departing tenant
- Mont. Code § 70-25-202(1) – List of damages and refund – delivery to departing tenant
- Mont. Code § 70-25-203 – Failure to provide list – forfeiture of deduction rights
- Mont. Code § 70-24-201(2) – Rental agreement – terms and conditions
- Mont. Code § 70-24-301 – Duty to disclose name of person responsible
- Mont. Code § 70-24-303 – Landlord to maintain premises – agreement that tenant perform duties – limitation of landlord’s liability for failure of smoke detector or carbon monoxide detector
- Mont. Code § 70-24-311 – Landlord authorized to adopt rules
- Mont. Code § 70-24-312 – Access to premises by landlord
- Mont. Code § 70-24-321 – Tenant to maintain dwelling unit
- Mont. Code § 70-24-406 – Failure of landlord to maintain premises – tenant’s remedies
- Mont. Code § 70-24-408 – Purposeful or negligent failure to provide essential services – tenant’s remedies
- Mont. Code § 70-24-422 – Noncompliance of tenant generally – landlord’s right of termination – damages – injunction
- Mont. Code § 70-24-422(2) – Noncompliance of tenant generally – landlord’s right of termination – damages – injunction
- Mont. Code § 70-24-426(3) – Remedies for absence or abandonment
- Mont. Code § 70-24-427 – Landlord’s remedies after termination – action for possession
- Mont. Code § 70-24-428 – Landlord’s recovery of possession limited
- Mont. Code § 70-24-431 – Retaliatory conduct by landlord prohibited
- Mont. Code § 70-24-441 – Termination by landlord or tenant
- Mont. Code § 25-35-502 – Jurisdiction
- Mont. Code § 27-1-717(2) – Issuing a bad check, draft, converted check, electronic funds transfer, or order or stopping payment – civil liability – statute of limitations
- Mont. Code § 27-1-717(3) – Issuing a bad check, draft, converted check, electronic funds transfer, or order or stopping payment – civil liability – statute of limitations
- Mont. Code § 27-2-202(2) – Actions based on contract or other obligation
- Mont. Code § 27-2-202(3) – Actions based on contract or other obligation
FAQs
A month-to-month rental agreement in Montana is a legal document that allows tenants to rent a residential property on a monthly basis without a fixed end date. Either party can terminate the lease by providing a 30-day written notice.
In Montana, both landlords and tenants must provide at least 30 days’ written notice to terminate a month-to-month lease. This notice must be sent via certified mail with a return receipt.
Landlords in Montana must provide several disclosures, including information about lead-based paint, methamphetamine production, mold presence, a move-in checklist, and the contact information for the property manager.
Yes, a landlord can increase rent on a month-to-month lease in Montana. However, they must provide the tenant with at least 15 days’ notice before the increase takes effect.
If a tenant fails to vacate the property after receiving a 30-day termination notice, the landlord can initiate a formal eviction process. This involves providing a written notice and following the legal steps for eviction in Montana.
A rental application allows landlords to review an applicant’s employment and rental history, as well as perform background checks to determine their eligibility for tenancy.
A statement of condition outlines any issues present on the premises when a security deposit is required. It must be delivered to the tenant by the landlord to ensure transparency about the property’s condition.