A Montana rental application is a document that helps you gather essential information and ask the necessary questions while considering potential tenants for your property. Thoroughly screening applicants is crucial to finding reliable and trustworthy tenants for your rental property.
Laws
- Application Fee –Non-refundable
- Fee Limits – No limits
- Security Deposit – No limit on the amount that landlords can demand.
Application Fee
The Montana Landlord and Tenant Act has no limit on a landlord’s fee. However, landlords should charge a reasonable amount, approximately equal to the cost of processing the rental application [1] .
Fair Housing Protections
Montana Fair Housing Laws prohibit housing discrimination based on sex, marital status, race, creed, religion, color, age, familial status, physical or mental disability, or national origin. [2]
Exemptions
- Owner-occupied housing units.
- Renting rooms in an owner’s residence.
- Housing intended for the elderly. [2]
Sex Offender Registry
While landlords aren’t required to check for sex offenders, they must protect residents from risks. If they consider sex offenders a potential risk, they may reject current offenders. Nevertheless, it’s essential to note that sex offenders have housing rights, and being listed in the sex offender registry cannot be a basis for denying them housing.
Penalties for Violations
- Fines (up to $10,000 for first violation, up to $25,000 for repeated violations within five years). [3]
- Fines increase based on the number of past violations.
- Prison. [4]
- Misdemeanor.
While you should collect the necessary information on your rental application, you must ensure you do not discriminate against any potential applicants. The US Department of Justice recently announced they settled a lawsuit with Montana developers because they did not ensure their properties were accessible to people with disabilities.
Security Deposit Limits
Landlords are allowed to charge a security deposit. The state law does not set a maximum security deposit that a landlord can require of a tenant, but the average amount is typically one to two months’ rent [1] .
Handling of Security Deposits
Landlords are not required by Montana law to keep security deposits in a separate account. However, it is recommended for transparency and ease of tracking.
Returning the Security Deposit
- Timeframe: Landlords must return the security deposit or provide a written statement of itemized deductions within 30 days after the tenant moves out and provides a forwarding address.
- Deductions: Deductions from the security deposit can only be made for unpaid rent, damage beyond normal wear and tear, and other breaches of the lease agreement.
- Disputes: If a tenant disputes the deductions, they may request an itemized list and receipts for repairs or replacements. Tenants can take legal action if they believe the deductions are unjustified. [5]
Pet Deposits
These are subject to the same rules and regulations as security deposits and must be refundable unless deductions are taken.
Sample
Below is a Montana rental application form in PDF & Word format:
