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Montana Roommate Agreement

The Montana rules that shape the document: the 7-day guest cap on an unadded roommate, the unauthorized-person removal tool, and why a named co-tenant still needs a formal eviction.

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Introduction

A roommate agreement is a private contract between co-tenants, not a lease, and it does not bind the landlord or change what the lease says. In Montana, the biggest difference from most states is structural: a roommate who is never added to the written rental agreement is not a subtenant with any independent rights, but merely a time-limited 'guest,' capped at 7 days unless the landlord consents in writing to a longer stay. Once that window lapses, the property owner, not the roommate's co-tenant, can have that person removed by police as an unauthorized person, with no court eviction. A roommate who IS named on the lease has none of that exposure; removing them still takes a formal process. Montana also has no statute on splitting a security deposit or setting joint-and-several rent liability among roommates, so this agreement is what governs both. Everything else, the rent split, chores, guests, and quiet hours, is covered by the national template.

Key Things to Know

  1. 1

    A roommate a tenant brings in but never adds to the written rental agreement is, by default, just a 'guest' in Montana, capped at 7 days unless the landlord gives written consent (or later-verifiable authorization) to a longer stay (Mont. Code Ann. 70-24-103(8); 70-24-113(2)-(3)). There is no statutory middle category of subtenant with independent rights.

  2. 2

    Once that guest period lapses without landlord authorization, Montana law lets the property owner or an authorized agent, not a co-tenant acting alone, treat that roommate as an 'unauthorized person or trespasser' and have law enforcement remove them immediately, with no court eviction (Mont. Code Ann. 70-24-113).

  3. 3

    That removal tool only reaches a roommate who was never added to the lease and whose stay was never authorized. If the roommate IS a named co-tenant on the lease, Montana has no special mechanism letting one co-tenant remove another; it takes a private agreement between them or the landlord pursuing the ordinary Title 70, chapter 24 termination process against that tenant.

  4. 4

    No Montana statute gives a tenant an affirmative right to add a roommate over the landlord's objection. Mont. Code Ann. 70-24-305 requires the landlord's written consent before a tenant may transfer possession or sublet at all.

  5. 5

    No Montana statute sets a default joint-and-several rule for rent among co-tenants. Liability is set by the lease itself, so this agreement should state each roommate's payment share explicitly rather than assume Montana law fills the gap.

  6. 6

    No Montana statute addresses how roommates split a security deposit refund; Title 70, chapter 25 is scoped entirely to the landlord-tenant relationship, so the deposit split is a private matter this agreement should set out.

  7. 7

    Montana's fair housing law exempts an owner who lives in their own single-family residence and rents no more than 3 sleeping rooms from the housing-discrimination law entirely, and Montana's protected-class list adds marital status, age, and creed beyond the federal list.

Key decisions before you file

Before you file a Roommate Agreement in Montana, a few decisions shape the document: which option to choose and what each one means. The Roommate Agreement guide walks through them.

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MONTANA Roommate Agreement (Compact State Terms)

Use this compact set with the full national Roommate Agreement template, which covers the general co-tenant provisions: parties, rent division, chores, guests, and shared expenses. What follows states only what Montana law changes. This Agreement is between the co-tenants named in it. It is not a lease, and it does not bind the landlord or alter the lease.

1. Governing Law. This Agreement is governed by the laws of the State of Montana, without regard to its conflict-of-laws rules.

2. Guest Status of a Roommate Not on the Lease. A roommate not named on the written rental agreement is, by default, a "guest," not a co-tenant or subtenant with independent rights. A guest's stay is capped at 7 days unless the landlord gives written consent, or verifiable authorization, to a longer period (Mont. Code Ann. 70-24-103(8); 70-24-113(2)-(3)). Confirm in writing whether the landlord has authorized a longer stay for any roommate not on the lease.

3. Adding a Roommate to the Lease. No Montana statute gives a tenant the right to add a roommate over the landlord's objection. A tenant may not transfer possession or sublet without the landlord's written consent (Mont. Code Ann. 70-24-305). This Agreement does not substitute for that consent.

4. Removing a Roommate Never Added to the Lease. Once a roommate's guest period lapses without landlord authorization, Montana law allows the property owner or an authorized agent, not a co-tenant acting alone, to treat that roommate as an "unauthorized person or trespasser" and request immediate removal by law enforcement, with no court eviction (Mont. Code Ann. 70-24-113). A co-tenant must act through the landlord or owner; this Agreement does not itself grant that power to a roommate.

5. Removing a Named Co-Tenant. If the roommate being removed is a named co-tenant, Montana has no statute letting one co-tenant remove another unilaterally. Removal requires a private agreement between the co-tenants, or the landlord pursuing the ordinary termination and possession remedies under Title 70, chapter 24, part 4 against that tenant. Neither roommate may use self-help, lockouts, or removal of belongings.

6. Rent Liability to the Landlord. No Montana statute sets a default joint-and-several rule for rent among co-tenants. Liability to the landlord is set by the lease itself. The parties agree to reimburse each other for rent as follows: [specify].

7. Security Deposit Between Roommates. No Montana statute addresses how co-tenants split a deposit refund or reimburse each other for damage; Title 70, chapter 25 governs only the landlord-tenant relationship. The parties agree the deposit will be split or reimbursed as follows: [specify].

8. Roommate Selection. Montana's fair housing law (Mont. Code Ann. 49-2-305(1)-(2)) exempts an owner who resides in their own single-family residence and rents no more than 3 sleeping rooms within it from the housing-discrimination provisions entirely. Montana's protected-class list also adds marital status, age, and creed beyond the federal list.

9. No Effect on the Lease. This Agreement binds only the signing co-tenants. It does not modify the lease, bind the landlord, or obligate the landlord to accept a new occupant.

This compact Montana set supplements the national Roommate Agreement template. It is general information, not legal advice; attorney review is available.

Montana Requirements for Roommate Agreement

Montana 7-Day Guest Cap for an Unadded Roommate

A roommate not named on the written rental agreement is, by default, a 'guest' under Montana law, capped at 7 days unless the landlord gives written consent, or verifiable authorization, to a longer stay (Mont. Code Ann. 70-24-103(8); 70-24-113(2)-(3)). State clearly whether any roommate not on the lease has landlord authorization to stay longer.

Montana Unauthorized-Person Removal Is the Owner's Tool, Not the Co-Tenant's

Once a roommate's guest period lapses without landlord authorization, only the property owner or an authorized agent, not a co-tenant acting alone, may have that roommate treated as an unauthorized person and removed by law enforcement with no court eviction (Mont. Code Ann. 70-24-113). Do not draft language suggesting a roommate can invoke this directly.

Montana Named Co-Tenant Requires Formal Removal Process

If the roommate to be removed is a named co-tenant on the lease, Montana has no statute letting one co-tenant remove another unilaterally. Removal requires a private agreement between the co-tenants or the landlord pursuing the ordinary Title 70, chapter 24, part 4 termination process against that tenant.

Montana Has No Default Rule on Joint Rent Liability

No Montana statute sets a default joint-and-several rule for rent among co-tenants. Draft the payment clause to state each roommate's share explicitly rather than relying on an assumed Montana default; liability to the landlord is set by the lease itself.

Montana Has No Statutory Deposit-Apportionment Rule

Montana's security deposit statutes (Title 70, chapter 25) are scoped to the landlord-tenant relationship and do not address dividing a deposit among roommates. The agreement should set out how a shared deposit is divided when a roommate moves out.

Montana Owner-Occupied Sleeping-Room Exemption and Added Protected Classes

Montana's fair housing law exempts an owner who lives in their own single-family residence and rents no more than 3 sleeping rooms from the housing-discrimination provisions entirely (Mont. Code Ann. 49-2-305(1)-(2)). Outside that exemption, Montana's protected-class list adds marital status, age, and creed beyond the federal Fair Housing Act.

Frequently Asked Questions

It is a contract between co-tenants who share a home in Montana. It divides rent and expenses, sets house rules, and addresses issues like the security deposit and what happens if a roommate leaves. It is separate from the lease and does not involve the landlord.

The agreement itself is between roommates and does not require landlord approval to sign. But adding a roommate to the unit does. Montana law requires the landlord's written consent before a tenant may transfer possession or sublet the premises (Mont. Code Ann. 70-24-305), so confirm that consent before the roommate moves in.

They are legally just a 'guest' under Montana law, capped at 7 days unless the landlord gives written consent to a longer stay (Mont. Code Ann. 70-24-103(8)). Past that window, without landlord authorization, the property owner can treat them as an unauthorized person and have police remove them, with no court eviction (Mont. Code Ann. 70-24-113).

Only in one specific situation: a roommate who was never added to the written rental agreement and whose guest period has lapsed can be treated as an unauthorized person and removed by police at the property owner's or an authorized agent's request, not by a co-tenant acting alone. A roommate who IS a named co-tenant on the lease cannot be removed this way; that requires a private agreement or the landlord's formal termination process.

Not unilaterally. Montana has no statute letting one named co-tenant remove another. It takes either a private agreement between the roommates or the landlord pursuing the ordinary termination and possession process under Title 70, chapter 24 against that tenant. Self-help removal, lockouts, or setting belongings outside are not lawful options.

No. A Montana roommate agreement is a contract only between the roommates. It does not bind the landlord, does not change the lease, and does not add anyone as a tenant of record. Adding or removing a tenant on the lease is a separate matter between the tenant and the landlord.

Montana has no statute setting a default rule on this. Whether roommates are jointly and severally liable depends on the lease itself. Because Montana law does not fill this gap, the roommate agreement should state each person's payment share and responsibility explicitly.

Montana law does not say. Title 70, chapter 25 is scoped to the landlord-tenant relationship and never mentions dividing a deposit among co-tenants or a departing roommate's share. The roommate agreement is the only thing that governs how the deposit is divided.

Montana's fair housing law exempts an owner who resides in their own single-family residence and rents no more than 3 sleeping rooms from the housing-discrimination provisions entirely. Outside that narrow exemption, Montana's protected classes cover race, sex, marital status, creed, religion, color, age, familial status, disability, and national origin, a broader list than the federal Fair Housing Act.