Montana Rental Lease Agreement Forms

Montana Laws and Lease Requirements

The Montana Code Annotated, specifically Chapter 24 (Residential Landlord and Tenant Act of 1977), provides a detailed description of laws related to residential rental properties. Additionally, Chapter 25 focuses on the regulations concerning security deposits.

Security Deposit Requirements

Montana law does not specify a cap on the amount a landlord can charge for a security deposit on a rental property. The security deposit must be held in an account separate from the landlord’s personal funds for the entirety of the lease term.

According to Montana Code Annotated, Section 70-25-202, landlords must furnish a written statement detailing any due rent, damages, and cleaning charges within 30 days of lease termination or surrender. If no damages or unpaid rent are noted, and the tenant confirms no unpaid utilities, the security deposit should be returned within 10 days.

Landlords must send this refund to the tenant’s new or last-known address. Failure to provide a new address by the tenant does not constitute wrongful withholding on the landlord’s part, although the landlord remains liable for the amount due to the tenant.

Owner’s Right of Entry

Montana law, specifically Section 70-24-312, regulates a landlord’s right to enter a rental property. Landlords must notify tenants at least 24 hours before their intent to enter for maintenance or inspection. This entry is only permissible during reasonable hours, ensuring respect for the tenant’s privacy and schedule.

Mandatory Disclosures

Several disclosures are mandatory under Montana law to ensure transparency and safety in the leasing process:

• Landlord identification. Lease agreements must list the property owner’s and managing agent’s names and addresses, providing tenants with reliable contact information (Section 70-24-301).
• Move-in checklist. For properties that require a security deposit, a detailed checklist of existing damages must be provided at the start of the lease. This checklist, to be signed by both the landlord and tenant, serves as a benchmark for assessing any potential damages at the end of the lease (Section 70-25-206).
• Mold disclosure. Landlords must disclose the presence of mold in the rental unit. The tenant must sign a form attesting to the absence or presence of mold, based on the landlord’s best knowledge, upon leasing the property (Section 70-16-703).
• Methamphetamine contamination. If a property has been used as a clandestine methamphetamine lab or is contaminated from methamphetamine use and has not been properly remediated, the owner must inform any potential buyer or new occupant in writing (Section 75-10-1305).

Also, federal law mandates the disclosure of potential lead-based paint hazards for buildings constructed prior to 1979. Landlords must provide educational materials and a signed disclosure to ensure tenants are aware of any risks.

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