Rent your property with a Montana (MT) Lease Agreement written according to Montana’s landlord-tenant laws
. The Montana residential lease agreement creates a legally binding contract between you, the landlord, and your tenant(s). You agree to lease out all (or a part of) your rental unit to a tenant, and they agree to the terms and conditions you lay out in the contract.
Written residential rental agreements make it easier, and less risky, to comprehensively define and describe all the rental property conditions including the lease term, monthly payment, utilities, parking, late fees, and other items related to leasing your Montana rental.
What to Include in Montana Residential Lease Agreements
As a landlord in Montana, you’re required by Federal and state law to include certain provisions in your lease agreements.
You should have some of this information from your tenant’s rental application, but make sure to fill in any gaps.
Specifically, you need to include:
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- Tenant/Landlord Details: names and current addresses of both the tenant and landlord
- Premises: the address of the premises being rented
- Lease Term: the length of the lease (e.g. 12 months)
- Pets: whether pets are allowed, and any other pet-related rules
- Health Hazards: any known health hazards or risks
- Rent Specifics: the amount of the rental payment and security deposit due, payment dates and methods, and any late fee
States differ in their requirements for lease and rental contracts including the need for disclosure statements, such as an Environmental Quality or Lead-Based Paint disclosure form.
Familiarize yourself with Montana’s landlord-tenant rental laws to protect your legal and financial rights.
Montana Landlord and Tenant Laws
If you’re ready to rent out your property, ensure that your rental agreements comply with Montana law including:
Relevant State Laws and Resources:
- Montana Code Title 70, Chapter 24 – Residential Landlord and Tenant Act
- Montana Attorney General – Tenants and Landlords
Security Deposit:
- A landlord may request any amount of money as a security deposit from a tenant. (No statute)
- A landlord must return a tenant’s security deposit within ten (10) days if after inspection there are no damages to the property, no cleaning required and no unpaid rent or utilities by the tenant. If there is any rent due or any damage and/or cleaning charges, the landlord must provide that list and payment of any difference to the tenant within thirty (30) days after the end of the lease. (Montana Code § 70-25-202). Be sure to collect forwarding addresses when tenants move out.
- Landlords and property managers must deliver a written statement noting the current condition of the rental unit at the beginning of the tenancy.
Landlord Right of Entry:
- A landlord must give at least one day’s advance notice to a tenant before entering the rental property for inspection, to make necessary or agreed upon repairs or show the property to individuals such as prospective buyers or contractors. (Montana Code § 70-24-312)
How to Write a Lease/Rental Agreement
Below is an example of what a Montana rental agreement looks like.
Step 1 – Fill Out the Date of Agreement
Write the date of the Lease/Rental Agreement.
Step 2 – Enter the Parties’ Information
Provide the name and address of the parties that are signing the agreement. First is the landlord or management company and their current address. Then write in all tenants and their current address.
Step 3 – Describe the Property
Describe the type of rental property such as an apartment or house and provide the full street address of the rental property.
Step 4 – Enter the Term of the Lease
Write the term (length) of the lease in months and enter the beginning and end dates of the lease. If the lease is month-to-month, provide the start date of the lease.
Step 5 – Enter Rent Details
Provide the monthly rental amount, the date the rent is due each month and the acceptable payment method(s). Any late fees or grace period for late payment of rent can be added.
Step 6 – Enter Security Deposit Amount
Write the amount of the security deposit that the landlord will collect from the tenant, typically done at the beginning of the lease.
Step 7 – Additional Provisions
Provide for additional and optional provisions such as regarding use of guarantor, payment of utilities, maintenance and repairs, alterations, or allowance or prohibition of pets, smoking, or sublease.
Step 8 – Signatures
Both the landlord and tenant(s) will sign and date the lease agreement.
Sample Montana Rental Agreement Form
Below is a free form you can use to contract with tenants in Montana.