Montana Lease Agreement Templates

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What’s Included in Montana Lease Forms

Lease Template Updated September 11, 2024

A residential lease agreement in Montana is a vital legal document that clearly defines rental terms, payment details, property rules, and the responsibilities of both landlords and tenants. It protects the landlord's interests while ensuring compliance with Montana laws.

Our form includes:

Parties Identification

Lease Term

Rent Payment Terms

Security Deposit

Maintenance Responsibilities

State-Specific Disclosures

State-Specific Notices

Disclosure Requirements

Disclosures and Addenda for Montana

These disclosures and addenda ensure compliance with state laws and protect both landlords and tenants.

Landlord’s Name and Address

The lease agreement must include the full name and address of the landlord or their authorized agent. According to Montana Code Annotated, Title 70, Chapter 24 (Montana Residential Landlord and Tenant Act of 1977), landlords must disclose their identity and contact details to ensure tenants have clear communication for legal notices and other matters.
Landlord Requirements:
Provide the landlord’s or property manager’s name and address in the lease agreement.
Notify tenants immediately of any changes to contact information.

Lead-Based Paint Disclosure

Federal law requires landlords of properties built before 1978 to disclose the presence of lead-based paint or related hazards. In Montana, compliance with the Residential Lead-Based Paint Hazard Reduction Act of 1992 (Title X) is mandatory, ensuring tenants are informed of potential health risks associated with lead exposure.
Landlord Requirements:
Attach a completed lead-based paint disclosure form to the lease agreement.
Provide tenants with the EPA-approved pamphlet on the dangers of lead-based paint.
Share any available records or reports about the presence or hazards of lead-based paint in the unit.

Condition of the Premises

The lease must document the property’s condition to protect both parties, under Montana Code Annotated § 70-24-303. This ensures clarity on pre-existing issues and responsibilities during and after the lease.
Landlord Requirements:

Inspect the rental unit prior to occupancy.

Provide a written record of property conditions.

Maintain compliance with Montana’s rental habitability laws.

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State-Specific Lease Agreements

Explore Lease Agreements by State

Explore lease agreement forms from other states to ensure compliance and simplify rentals.

Disclosure
Landlord's Name and Address <p>Landlords must provide tenants with the names and addresses of the property owner and any authorized agents. This information facilitates proper communication and service of legal notices.</p>	Landlord's Name and Address	Landlords must provide tenants with the names and addresses of the property owner and any authorized agents. This information facilitates proper communication and service of legal notices.
Lead Paint - Know Presence <p>Applies to units built before 1978 where the presence of lead paint has been confirmed.</p>	Lead Paint - Know Presence	Applies to units built before 1978 where the presence of lead paint has been confirmed.
Lead Paint - No Know Presence <p>Applies to units where no evidence of lead paint is present or units built after 1978.</p>	Lead Paint - No Know Presence	Applies to units where no evidence of lead paint is present or units built after 1978.
Condition of the Premises <p>Landlords are required to maintain rental properties in a habitable condition, ensuring compliance with applicable building and housing codes that materially affect health and safety. This includes maintaining essential services such as plumbing, heating, and electrical systems.</p>	Condition of the Premises	Landlords are required to maintain rental properties in a habitable condition, ensuring compliance with applicable building and housing codes that materially affect health and safety. This includes maintaining essential services such as plumbing, heating, and electrical systems.
Late/Returned Fees <p>Montana law does not specify a maximum amount for late fees; however, they must be reasonable and outlined in the lease agreement. For returned checks due to insufficient funds, landlords may charge a fee not exceeding $30, in addition to any bank fees incurred.</p>	Late/Returned Fees	Montana law does not specify a maximum amount for late fees; however, they must be reasonable and outlined in the lease agreement. For returned checks due to insufficient funds, landlords may charge a fee not exceeding $30, in addition to any bank fees incurred.
Mold Disclosure <p> Landlords must disclose any known presence of mold in the rental unit. The disclosure should state whether the landlord has knowledge of mold contamination and, if so, provide details about the location and condition. Tenants should acknowledge receipt of this information in writing.</p>	Mold Disclosure	Landlords must disclose any known presence of mold in the rental unit. The disclosure should state whether the landlord has knowledge of mold contamination and, if so, provide details about the location and condition. Tenants should acknowledge receipt of this information in writing.
Non-Refundable Fees <p>Landlords must clearly disclose any non-refundable fees in the lease agreement to enforce them</p>	Non-Refundable Fees	Landlords must clearly disclose any non-refundable fees in the lease agreement to enforce them
Smoking <p>While not required by Montana law, it's advisable to include a smoking policy in the lease agreement to set clear expectations.</p>	Smoking	While not required by Montana law, it's advisable to include a smoking policy in the lease agreement to set clear expectations.
Security Deposit Disclosure <p>Montana law does not limit the amount a landlord can charge for a security deposit. However, landlords must provide a written statement of the property's condition (move-in checklist) at the beginning of the tenancy if a security deposit is collected. Upon termination of the lease, the landlord must return the security deposit within 10 days if there are no deductions, or within 30 days if there are deductions, along with an itemized list of damages and charges.</p>	Security Deposit Disclosure	Montana law does not limit the amount a landlord can charge for a security deposit. However, landlords must provide a written statement of the property's condition (move-in checklist) at the beginning of the tenancy if a security deposit is collected. Upon termination of the lease, the landlord must return the security deposit within 10 days if there are no deductions, or within 30 days if there are deductions, along with an itemized list of damages and charges.
Flood Hazard Disclosure <p>Montana law does not mandate landlords to disclose if a property is in a flood zone; however, it's considered good practice to inform tenants of potential flood risks.<br><br></p>	Flood Hazard Disclosure	Montana law does not mandate landlords to disclose if a property is in a flood zone; however, it's considered good practice to inform tenants of potential flood risks.
Radon Disclosure <p>Montana does not require radon disclosures.<br>However, if a landlord is aware of elevated radon levels, it is prudent to inform tenants to ensure transparency and safety.</p>	Radon Disclosure	Montana does not require radon disclosures. However, if a landlord is aware of elevated radon levels, it is prudent to inform tenants to ensure transparency and safety.
Bed Bugs Disclosure <p>While Montana law does not explicitly require landlords to disclose bed bug infestations, they are obligated to maintain rental properties free from pests, including bed bugs.</p>	Bed Bugs Disclosure	While Montana law does not explicitly require landlords to disclose bed bug infestations, they are obligated to maintain rental properties free from pests, including bed bugs.
Addenda
Pet Agreement <p>Outline rules regarding pet types, sizes, behavior, and any associated fees or deposits.</p>	Pet Agreement	Outline rules regarding pet types, sizes, behavior, and any associated fees or deposits.
Medical Marijuana <p>Montana law allows the use of medical marijuana; however, landlords can set policies regarding its use on their property, including prohibiting smoking.</p>	Medical Marijuana	Montana law allows the use of medical marijuana; however, landlords can set policies regarding its use on their property, including prohibiting smoking.
Shared Utilities <p>Describe how utility charges are divided among tenants to ensure clarity on financial responsibilities.</p>	Shared Utilities	Describe how utility charges are divided among tenants to ensure clarity on financial responsibilities.
Carbon Monoxide Alarm <p>In Montana, landlords are required to install carbon monoxide detectors in rental properties, particularly in dwelling units that contain fuel-fired appliances or have attached garages</p>	Carbon Monoxide Alarm	In Montana, landlords are required to install carbon monoxide detectors in rental properties, particularly in dwelling units that contain fuel-fired appliances or have attached garages