Montana
A Montana lease agreement is a legal document that outlines the terms and conditions under which a landlord rents out a property to a tenant. This written rental agreement serves to clearly define all aspects of the rental arrangement, including the lease term, monthly payment, utilities, parking, late fees, and other relevant items.
SimpleBasicLease_Montana
Rental Lease Laws Overview
Montana does not have rent control laws, allowing landlords to set rental prices without state-imposed limits. There is no state-mandated limit on late fees, and landlords can include late fees in their rental agreements. Additionally, there is no grace period required by law for late rent payments. Landlords must possess a license to operate.
Required Lease Disclosures
Landlords in Montana are required to include specific disclosures in lease agreements:
- Lead-based paint: If the property was built before 1978, landlords must provide a notice regarding the potential presence of lead-based paint.
- Methamphetamine production: Landlords must inform prospective tenants if the property was previously used for methamphetamine production.
- Presence of mold: Landlords must declare any knowledge of mold on the premises and provide records of past mold issues.
- Move-in checklist: After receiving a security deposit, landlords must provide a move-in checklist for tenants to inspect the property for existing damage.
- Manager information: The lease must include the contact information for the property manager authorized to enter the premises.
Security Deposit
Montana law does not impose a maximum limit on security deposits, nor does it require landlords to provide receipts for them or pay interest. Landlords are not obligated to hold security deposits in a separate bank account. Upon lease termination, landlords must return the security deposit within 30 days. If the property is in good condition upon move-out, tenants are entitled to receive their full security deposit within ten days. If deductions are made, landlords must provide an itemized statement and the appropriate funds within 30 days.
Rent Payment
In Montana, rent is typically due at the beginning of the month unless otherwise specified in the lease agreement. There are no rent control laws, allowing landlords to freely set rent amounts. Montana does not regulate late fees, and landlords must provide notice before evicting a tenant for non-payment of rent. Tenants may make repairs costing up to one month’s rent and deduct the cost from their rent if the landlord fails to act in a reasonable time. For emergency repairs, tenants may hire qualified repair professionals.
Landlord Right of Entry
Landlords must provide at least 24 hours’ notice before entering the property, except in emergencies. Both tenants and landlords must obtain explicit permission from each other before changing locks.
Property Repairs in Montana
Landlord Responsibilities
Landlords are responsible for ensuring that rental properties are livable and meet health and safety standards. This includes making timely repairs and maintaining essential services such as heating, water, and electricity.
Tenant Responsibilities
Tenants are expected to maintain the rental property in a clean and safe condition, use fixtures properly, and adhere to health and safety codes. They must promptly notify landlords of any needed repairs to prevent further damage.
Abandonment and Utility Payments
If a tenant breaks the lease, landlords must take reasonable steps to mitigate damages rather than assuming abandonment. Landlords must provide a 10-day notice to tenants if utilities are unpaid before taking further action.
Terminating a Lease
For month-to-month tenancies, either party may terminate the lease by providing written notice at least 30 days before the end of the rental period. Montana does not have a specific statute requiring landlords to keep unclaimed property for a set period.
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
In Montana, landlords must include several required disclosures in a lease agreement, such as a notice about lead-based paint for properties built before 1978, information about past methamphetamine production, and a declaration regarding the presence of mold. Additionally, landlords must provide a move-in checklist after receiving a security deposit and include contact information for the property manager.
Montana does not impose a state-mandated limit on the maximum amount for security deposits. Landlords are not required to provide receipts for these deposits or pay interest on them, but they must return the deposit within 30 days after the lease ends, along with an itemized statement if deductions are made.
In Montana, either party can terminate a month-to-month tenancy by providing written notice at least 30 days before the end of the rental period. This allows both landlords and tenants to plan accordingly and ensures compliance with state regulations.
Landlords in Montana are responsible for maintaining the livability of rental properties, which includes making timely repairs and ensuring essential services like heating, water, and electricity are functional. They must address repair needs promptly, especially those affecting tenant health and safety.
Montana does not have rent control laws, meaning landlords can set rental prices without a cap. However, landlords are prohibited from retaliating against tenants for exercising their legal rights, ensuring some level of tenant protection.
In Montana, landlords must provide tenants with at least 24 hours’ notice before entering the rental property, unless there is an emergency. This requirement helps protect tenant privacy and ensures clear communication between landlords and tenants.
If a tenant fails to pay their utilities in Montana, the landlord must provide a 10-day notice before taking further action. This gives tenants an opportunity to address the unpaid utilities before any potential consequences arise.