Lease Agreements By Type (7)
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Standard Lease Agreement Download: PDF, Word (.docx) |
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Required Landlord Disclosures
1.) Identification of the Landlord or Authorized Personnel (§ 70-24-301) – Within the presented lease agreement, the current names and addresses must be declared as to the owner and management of the rented residence.
2.) Move-In Checklist (§ 70-25-206) – All residential homes that are leased with the requirement of a security deposit are mandated to present a written register of any defects to the residence at the lease start. The objective record must be signed by the owner or management company to be compared to the condition of the property upon termination of the lease.
3.) Lead-Based Paint (42 U.S. Code § 4852d) – The federal government’s assessments of the risks of lead-based paint require disclosure to renters and buyers of homes built before 1979.
4.) Mold Disclosure (§ 70-16-703) – The landlord is responsible for disclosing any knowledge of mold found present in the rental unit.
When is Rent Due?
Grace Period: The State of Montana imposes no grace-period requirements; however, the lease may set one (Mont. Code Ann. § 70-24-201(3)).
Unpaid Rent: Serving a nonpaying tenant with a 3-day pay or quit notice is the initial step landlords take to recover unpaid rent and may be dismissed if tenants pay accordingly (Mont. Code Ann. § 70-24-422(2))
Late Fees
NSF Fee
Security Deposit Maximum ($)
Security Deposit Return
Returning to Tenant: Montana explicitly spells out the timeline of deposit return to tenants:
- Whenever the landlord deducts from the full amount, the tenant must receive the security within 30 days of termination.
- However, if the landlord does not require deductions from the security, the tenant must receive it within 10 days of termination.
Itemized List: Landlords deducting from the security must provide a full account of all such subractions such as:
- Missing rent
- Cleaning Charges
- Property damage repairs
Landlord’s Right to Enter
Standard Entry: Montana landlords issue notice 24 hours before entry and require consent; additionally, they enter during reasonable hours (MT Code § 70-24-312)
Emergency Entry: Montana does not require landlords obtain consent to enter during an emergency event (MT Code § 70-24-312).
Absence
Repair and Deduct
Tenant Breaking a Lease (Early):
Duty to Mitigate: One of the mitigation responsibilities Montana assigns to landlords after abandonment is to relet the property at a fair market price (MT Code § 70-24-426).
Domestic Violence: Domestic violence victims can terminate by presenting a law enforcement support, qualified third-party statement(s), and a 14-day notice (MT Code § 70-24-421), (MT Code § 70-24-441).
Active Military: Military service members terminate their lease in order to follow or comply with reassignments or deployment by Federal law (50 USC § 3955).
Landlord’s Noncompliance: Tenants may terminate a lease whenever landlords are negligent and do not comply, but must give them a chance to rectify a situation through a repair or quit notice (MCA § 70-24-406).
Landlord’s Harassment: Whenever landlords repeatedly violate the tenant’s peace of habitability, the tenant must seek a court order.
Is an Oral Lease enforceable?
Renewing a Lease
Unclaimed Property
Landlords can remove tenant property upon a successful eviction, while in a case of tenant abandonment, they must:
- Give the tenant 48 hours once they reasonably believe the tenant will not return
- Issue a 10-day notice to the last known address containing an inventory of suspected tenant property
- After receiving no answer to the tenants, landlords wait 7 more days, then dispose of the items (MT Code § 70-24-430).







