Montana Rental Lease Agreement Templates

Montana Rental Lease Agreement Templates

A Montana lease agreement is the primary contract used when a property owner rents a dwelling to a tenant in the state. It covers the monthly rent, lease duration, deposit terms, maintenance duties, and conditions governing the tenancy.

Montana law requires landlords to install working smoke detectors and carbon monoxide detectors in every rental unit. Security deposits are capped at one month’s rent for month-to-month leases, though no cap applies to longer-term agreements.

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Types (6)

Commercial (PDF)

For leasing retail, restaurant, warehouse, office, or other business-use property to a commercial tenant for a set term.

 


Lease-to-Own (PDF)

Allows a tenant to rent a property as normal while retaining the option to purchase it at the end of the lease term at a predetermined price.

 


Month-to-Month

A periodic tenancy that can be ended by either party with 30 days’ written notice, offering flexibility over a fixed-term arrangement.

 


Roommate (PDF)

Helps roommates in a shared rental formalize their individual and shared responsibilities regarding rent, bills, and household duties.

 


Standard (Residential)

A fixed-term lease for renting residential property in Montana, typically lasting 1 year and governed by the Residential Landlord and Tenant Act of 1977.

 


Sublease (PDF)

Permits the original tenant to rent their unit to a subtenant for the remaining lease term, provided the landlord gives written consent.

 


Renting in Montana

Most Common Rental Type Single-Family Homes
Average Rent $1,177/mo
Households That Rent 31.4%
Average Renter Household Size 2.0
Rental Vacancy Rate 4.2%

Source: U.S. Census Bureau, American Community Survey (2024)[11] & Housing Vacancy Survey (2024)[12]

What is a Montana Lease Agreement?

A Montana lease agreement is the contract that binds a landlord and tenant to the terms of a rental in the state. It puts each party’s obligations in writing for the full lease term.

Montana requires landlords to provide adequate heat between October 1st and May 1st and to keep all rental units in habitable condition. Deposits must be returned within 30 days for month-to-month leases or within 10 days if the tenant has been displaced by a natural disaster.


State Laws & Guides

Laws: MCA §§ 70-24-101 et seq. – Residential Landlord and Tenant Act | MCA §§ 70-25-101 et seq. – Security Deposits

Guides:


When is Rent Due?

Rent is due in equal monthly installments at the beginning of each month. For terms of 1 month or less, rent is due at the start of the term.[1] There is no state-mandated grace period. Late fees are not capped by statute but must be specified in the lease.


Landlord’s Access

Emergency: Landlords may enter the dwelling without consent in an emergency.[2]

Non-Emergency: Landlords must provide at least 24 hours’ notice before entering and may only do so at reasonable times. Entry is limited to inspections, repairs, improvements, or showing the unit to prospective tenants.[2]


Landlord’s Duties

Under Montana law, landlords must:[3]

  • Building Codes: Comply with all applicable building and housing codes affecting health and safety (for buildings constructed after 1977).
  • Habitability: Make all necessary repairs to keep the dwelling fit for habitation.
  • Common Areas: Keep shared spaces clean and in a safe condition.
  • Systems: Maintain all electrical, plumbing, and other systems in safe working order.
  • Waste Removal: Provide for safe and efficient removal of waste, unless otherwise specified in the lease.
  • Water and Heat: Supply constant running water and hot water between October 1st and May 1st.
  • Safety Devices: Install carbon monoxide detectors and approved smoke detectors.

Tenant’s Duties

Tenants must comply with the following:[4]

  • Building Codes: Comply with all applicable building and housing codes relating to health and safety.
  • Cleanliness: Keep the rental unit clean and safe.
  • Trash: Dispose of garbage in a safe and sanitary manner.
  • Plumbing: Keep all plumbing fixtures as clean as their condition permits.
  • Appliances & Systems: Use all facilities and appliances in the manner they are intended.
  • Quiet Enjoyment: Do not disturb other tenants’ peaceful enjoyment of the premises.

Required Disclosures

Names and Addresses (§ 70-24-301): At or before the start of the tenancy, the landlord must disclose the names and addresses of the landlord and anyone authorized to act on their behalf.[5]

Mold Disclosure (§ 70-16-703): If the landlord has knowledge of mold in the building or has had the building tested for mold, they must disclose this information and provide test results before the lease is signed.[6]

Condition Statement (§ 70-25-206): When collecting a security deposit, the landlord must provide the tenant with a written statement detailing the present condition of the unit.[7]

Lead-Based Paint: Required under federal law for all dwellings built before 1978. The landlord must disclose known lead hazards and provide the EPA information pamphlet.[8]


Security Deposits

Maximum Amount: Montana does not set a maximum security deposit by statute.

Returning to Tenant: If there are no damages, unpaid rent, or cleaning charges, the deposit must be returned within 10 days. If any deductions apply, the landlord must provide a written itemized statement within 30 days after the tenancy ends.[9]

Deposit Interest: Not required under Montana law.

Uses of the Deposit: Landlords may deduct for:[10]

  • Unpaid rent
  • Late fees and unpaid utilities
  • Damage to the premises beyond normal wear and tear
  • Cleaning charges (only if due to the tenant’s negligence, and only after 24 hours’ written notice to the tenant to clean)