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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. 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. 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. 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. 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. 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. 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. 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.

Open the Residential Lease Agreement guide

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MONTANA RESIDENTIAL LEASE AGREEMENT

  1. PARTIES AND PREMISES This Residential Lease Agreement is made on [DATE] between [LANDLORD NAME] (the landlord, or lessor) and [TENANT NAME] (the tenant, or lessee), for the rental property located at [FULL ADDRESS], Montana (the premises).

  2. TERM This lease is for a [fixed term of ___ months, from [START DATE] to [END DATE] / month-to-month tenancy beginning [START DATE]]. If the tenant remains in possession with the landlord's consent after a fixed term ends, the tenancy continues month-to-month.

  3. RENT Tenant shall pay rent of $[AMOUNT] per month, due on the [DAY] of each month, payable to [PAYMENT METHOD/ADDRESS]. Montana's landlord-tenant chapter sets no statutory late-fee cap and no required grace period, so this lease's late-fee amount, if any, of $[AMOUNT] after [NUMBER] days past due, and any grace period, are set entirely by agreement of the parties and govern as written.

  4. SECURITY DEPOSIT Tenant shall pay a security deposit of $[AMOUNT]. Montana law sets no statutory cap on the deposit amount and does not require it to be held in a separate interest-bearing account. Within 30 days after the tenancy ends, or within 10 days if there is no unpaid rent, no unpaid utility bill, and no damage or cleaning charge, landlord shall return the deposit along with a written itemized list of any rent due and any damage and cleaning charges, per Mont. Code Ann. Section 70-25-202.

  5. DISCLOSURES (a) Lead-Based Paint: if the premises was built before 1978, landlord provides the federal Lead Warning Statement and pamphlet as required by 42 U.S.C. Section 4852d. (b) Manager and Owner Contact: landlord discloses 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, as required by Mont. Code Ann. Section 70-24-301: [NAME AND ADDRESS].

  6. ENTRY Landlord shall give tenant at least 24 hours' notice before entering the premises and may enter only at reasonable times, except in a genuine emergency, per Mont. Code Ann. Section 70-24-312.

  7. MAINTENANCE AND USE Tenant shall keep the premises clean and safe, use all fixtures and appliances properly, and promptly notify landlord of any needed repairs. Landlord shall maintain the premises in a condition fit for human habitation and keep common areas safe.

  8. TERMINATION Either party may end a month-to-month tenancy by giving the other at least 30 days' written notice, or a week-to-week tenancy by giving at least 7 days' written notice, under Mont. Code Ann. Section 70-24-441. Montana has no dedicated statute setting a separate notice period for a rent increase on a periodic tenancy; a rent change is generally carried out through this same termination notice before a new term begins.

SIGNATURES No notary or witness is required for this lease to be valid under Montana law.

[LANDLORD NAME], Landlord [TENANT NAME], Tenant Date: [DATE] Date: [DATE]

Note: This lease is governed by the Montana Residential Landlord and Tenant Act of 1977, Mont. Code Ann. Title 70, chapter 24, and the security deposit provisions of chapter 25. This is a Montana skeleton for a residential lease agreement. For the complete, customizable template, see the full Residential Lease Agreement template.

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).

Frequently Asked Questions

A Montana lease should identify the landlord and tenant, describe the rental address, and state the rent, due date, and term. It should also include the name and address of the person managing the property and of the owner or agent for notices, as Mont. Code Ann. Section 70-24-301 requires, the security deposit terms, and, for housing built before 1978, the federal lead-based paint disclosure.

Montana law does not cap the security deposit amount a landlord can charge. What the law does require is a written itemized list of any rent due and damage or cleaning charges, delivered within 30 days after the tenancy ends, or within 10 days if nothing is owed and no cleaning or damage exists (Mont. Code Ann. Section 70-25-202).

Yes. You can generate a Montana residential lease agreement template at no cost. Attorney review is available afterward as an optional add-on if you want a licensed attorney to look over the terms before you sign.

No. Montana's Residential Landlord and Tenant Act of 1977 does not require a lease agreement to be notarized or witnessed to be valid. The landlord and tenant simply sign the agreement; notarization is not a condition of enforceability.

No. A Montana landlord must give the tenant at least 24 hours' notice of intent to enter and may enter only at reasonable times, under Mont. Code Ann. Section 70-24-312. The statute does not carve out a routine right to enter without any notice at all.

For housing built before 1978, federal law requires the lead-based paint disclosure and pamphlet (42 U.S.C. Section 4852d). Montana law separately requires the landlord to disclose in writing, at or before the start of the tenancy, the name and address of the person managing the premises and of the owner or agent authorized to receive notices (Mont. Code Ann. Section 70-24-301).

Either the landlord or the tenant can end a month-to-month tenancy by giving the other at least 30 days' written notice, effective on the date stated in the notice (Mont. Code Ann. Section 70-24-441). A week-to-week tenancy needs only 7 days' notice. Montana has no separate statute setting a rent-increase notice period, so a rent change on a periodic tenancy is generally handled through this same termination-and-renewal notice.

Montana's landlord-tenant chapter does not cap late fees or require a grace period, so there is no statutory ceiling on the amount. Because the law is silent, the lease itself should state the late-fee amount, when it applies, and any grace period clearly, since the written lease terms will govern.