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Montana Rental Lease Agreements | Laws

A Montana lease agreement is an agreement between a landlord/owner of commercial or residential real estate and their tenant. It guarantees payment from the lessee in exchange for the use of the lessor’s property. A lease agreement does not provide any form of ownership (unless it is a lease with an option to purchase) but is used strictly to grant a party the authority to reside on, or conduct business from, the landlord’s real estate. The terms and conditions of renting including cost, duration, and termination date, will all be included in the agreement document.

Rental Application – A rental application is used to allow a landlord to gain background information on the applying tenants in order to ensure that they’d be a viable candidate to lease the property in question.


Agreements: By Type (7)

Commercial Lease Agreement – Used to rent out commercial real estate for offices, warehouses, medical centers, retail stores, and other commercial and industrial purposes.

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College Roommate Agreement – An agreement designed to clarify each college roommate’s rights and responsibilities.

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Lease with Option to Purchase (Lease to Own) – A lease such as this enables the lessee to rent to space and purchase the property from the landlord before the lease term ends.

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Month to Month Lease Agreement – Month to month tenancies allow either party to cancel at any time by providing at least thirty (30) days’ notice.

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Roommate Agreement – Roommates can detail the rules of the household and the division of costs by employing a roommate agreement.

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Standard (1-year) Lease Agreement – The standard lease agreement for residential property that enables the tenant to reside on and use the owner’s property for a period of twelve (12) months.

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Sublease Agreement – A sublease provides a tenant with the ability to rent out a portion or all of the rental space to a sublessee for a predetermined period of time.

Download: Adobe PDF

Landlord-Tenant Laws


Authorized Persons Identification (§ 70-24-301) – At the beginning or before the commencement of tenancy, the landlord is required to provide the name and address of any property manager as well as that of the owner or representative thereof who has the authority to receive notice and demands.

Statement of Condition (§ 70-25-206) – In the case that security deposit was supplied by the tenant, the landlord must furnish each tenant with a list that details the state of the premises at the beginning of the tenancy.

Mold Disclosure (§ 70-16-703) – The landlord must provide a mold disclosure containing a statutorily prescribed written statement and the landlord’s knowledge of the existence (or lack thereof) of mold on the premises.

Landlord’s Access

General Access (§ 70-24-312(3)) – A landlord is not legally allowed to enter the rental property without first providing twenty-four (24) hours’ notice.

Emergency Access (§ 70-24-312(2)) – In the case of an emergency, a landlord may access the premises at any point without the tenant’s consent.


Grace Period (§70-24-201(2)) – Rent is payable on the first of the month unless stated otherwise in the lease. There is no statute that accounts for a grace period.

Maximum Fees ($) – There is no statute that limits the amount of money a landlord may charge as a late fee for unpaid rent.

Rent Increase Notice – There is no statute that indicates the amount of notice a landlord must provide a tenant before increasing the rent. Generally speaking, one would have to wait until the lease termination date.

Security Deposits

Maximum Amount ($) – There is no limit to the amount of money a landlord may charge as a security deposit.

Returning to Tenant (§ 70-25-202) – If there were deductions to the security deposit, the landlord must list the deductions and return the remaining balance to the tenant within thirty (30) days of the lease termination. If there were no deductions or unpaid rent, the landlord has ten (10) days from the inspection of the premises to deliver the security deposit.

Interest Required? There is no statute that requires the landlord to deliver interest on the security deposit to the tenant.

Separate Bank Account? – There is no statute that requires the landlord to keep the security deposit in a separate bank account.