Montana Residential Lease Agreement
Create a free Montana residential lease agreement. No statutory security deposit cap, but landlord must return it within 30 days. Attorney review available.
Introduction
A residential lease agreement is a legally binding contract between a landlord and a tenant that sets the terms under which the tenant rents the landlord's residential property: the rent, the length of the tenancy, the security deposit, each party's responsibilities, and how the lease ends. In Montana the agreement is governed primarily by the Residential Landlord and Tenant Act of 1977, Mont. Code Ann. Title 70, chapter 24, with security deposit rules in chapter 25. Montana sets no statutory cap on how much a landlord can charge for a security deposit, but Mont. Code Ann. Section 70-25-202 requires the landlord to deliver a written itemized list of any rent due and any damage or cleaning charges within 30 days after the tenancy ends, or within 10 days if there are no deductions and no unpaid rent or utilities. At or before the start of the tenancy, the landlord must disclose in writing the name and address of the person who manages the premises and of the owner or agent authorized to receive notices, under Section 70-24-301. A landlord must give at least 24 hours' notice before entering under Section 70-24-312, and ending a month-to-month tenancy requires at least 30 days' written notice under Section 70-24-441. Attorney review is available as an option before you sign.
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Key Things to Know
- 1
A residential lease agreement is a contract that lets a tenant occupy a landlord's residential property in exchange for rent, spelling out the term, the deposit, each side's duties, and how the tenancy ends.
- 2
Montana sets no statutory cap on the security deposit amount. The landlord must return it, with a written itemized list of any deductions, within 30 days after the tenancy ends, or within 10 days if there is no unpaid rent, damage, cleaning charge, or unpaid utility bill (Mont. Code Ann. Section 70-25-202).
- 3
Required disclosures include the federal lead-based paint pamphlet and disclosure for housing built before 1978, plus a Montana-specific disclosure: the landlord must give the tenant, in writing, the name and address of the person managing the premises and of the owner or agent authorized to receive notices and legal papers (Section 70-24-301).
- 4
A landlord must give at least 24 hours' notice before entering the rental unit and may enter only at reasonable times (Section 70-24-312). Montana law does not create a general right for a landlord to enter without any notice.
- 5
Montana's landlord-tenant chapter does not set a statutory cap on late fees or require a grace period before a late fee applies, so any late-fee amount and grace period should be spelled out clearly in the lease itself.
- 6
A month-to-month tenancy ends with at least 30 days' written notice from either party (Section 70-24-441); a week-to-week tenancy ends with at least 7 days' written notice. Montana has no dedicated statute setting a separate notice period for a rent increase.
- 7
Montana has no statewide or local rent control. State law affirmatively bars local governments with self-government powers from regulating the rent charged for private residential property (Mont. Code Ann. Section 7-1-111(26)).
Key decisions before you file
Before you file a Residential Lease Agreement in Montana, a few decisions shape the document: which option to choose and what each one means. The Residential Lease Agreement guide walks through them.
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Montana Requirements for Residential Lease Agreement
Itemize and Return the Deposit Within 30 Days
Within 30 days after the tenancy ends, or within 10 days if there is no unpaid rent, unpaid utility bill, or damage and cleaning charge, the landlord must return the security deposit along with a written itemized list of any deductions, per Mont. Code Ann. Section 70-25-202.
No Statutory Security Deposit Cap
Montana sets no statutory cap on how much a landlord may charge for a security deposit, and chapter 25 does not require interest or a separate escrow account for the funds. Because the amount is uncapped, tenants should confirm the deposit figure in writing before signing.
Disclose the Manager and Owner Contact Information
At or before the start of the tenancy, the landlord must disclose in writing the name and address of the person authorized to manage the premises and of the owner or agent authorized to accept service of process and receive notices and demands, per Mont. Code Ann. Section 70-24-301.
Federal Lead-Based Paint Disclosure
For housing built before 1978, federal law requires the landlord to give the tenant the EPA lead-based paint pamphlet and a signed disclosure of any known lead-based paint hazards before the lease is signed, per 42 U.S.C. Section 4852d.
Give 24 Hours' Notice Before Entry
A landlord must give the tenant at least 24 hours' notice of intent to enter the premises and may enter only at reasonable times, except in a genuine emergency, per Mont. Code Ann. Section 70-24-312.
No Statutory Late-Fee Cap or Grace Period
Montana's landlord-tenant chapter does not cap late fees or require a grace period before one applies. Because the statute is silent, the late-fee amount and any grace period should be stated clearly in the lease itself, since the written terms will control.
Give 30 Days' Notice to End a Month-to-Month Tenancy
Either the landlord or the tenant may end a month-to-month tenancy by giving the other at least 30 days' written notice; a week-to-week tenancy requires at least 7 days' written notice, per Mont. Code Ann. Section 70-24-441. Montana has no separate statute setting a distinct rent-increase notice period.
No Rent Control in Montana
Montana has no statewide or local rent control. State law bars local governments with self-government powers from exercising any power to control the rent charged for private residential property, per Mont. Code Ann. Section 7-1-111(26).