Montana Residential Lease Agreement
A free Montana lease template, plus what Montana law requires a lease to include, attach or leave out — each with the statute. Use it as a starting point; landlords with unusual situations should have a lawyer review the final lease.
Disclosures Montana requires
| Owner and manager name and address | In writing, at or before the start of the tenancy, the landlord must disclose the name and address of the person authorized to manage the premises and of the owner or the owner's agent for receiving legal papers, notices and demands. It must be kept current and binds successor landlords and managers. A person who fails to comply becomes the landlord's agent for service, notices and landlord duties. Applies to: All residential rental agreements Source: Mont. Code Ann. § 70-24-301 |
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| Move-in condition statement | A landlord who requires a security deposit must give each tenant a separate written statement of the unit's present condition, signed by the landlord or agent, when the lease is signed or the tenancy begins (stating if the unit has never been rented). On written request the landlord must also give a copy of the damage and cleaning charges list from the prior tenancy. Without these, the landlord cannot recover any amount for damage or cleaning unless it proves by clear and convincing evidence the current tenant caused the damage. Applies to: Leases with a security deposit Source: Mont. Code Ann. § 70-25-206 |
| Known mold and mold testing | Before or when the lease is entered, the landlord must disclose known mold in the building and, if the landlord knows the building was tested for mold, disclose that and give the test results (if available) and evidence of later mitigation. The landlord may also use the statutory mold disclosure statement signed by the tenant; giving it and complying with the disclosure duties protects the landlord from liability for mold claims. Applies to: All residential leases Source: Mont. Code Ann. § 70-16-703 |
Terms Montana law requires or controls
| Abandoned property procedure | The landlord must include the terms of the abandoned-property statute (§ 70-24-430) in plain and understandable language in the lease or rental agreement, or give them as a notice when the lease ends. Applies to: All residential leases Source: Mont. Code Ann. § 70-24-430(9) |
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| Default terms when the lease is silent | Unless the agreement says otherwise: rent is the unit's rental value; it is paid at the landlord's address or by electronic transfer to the landlord's designated account; rent for a term of a month or less is due at the start of the term, otherwise in equal monthly installments at the start of each month; rent is prorated by the day; a weekly roomer is week-to-week and all other tenancies are month-to-month; and a party who ends the lease early without cause owes damages up to one month's rent (or an agreed amount not over one month's rent). Rent is due without demand. Applies to: All residential leases Source: Mont. Code Ann. § 70-24-201 |
| Holdover after a written lease ends | If a written lease does not set its own extension period and neither party gives 30 days' written notice to end it before the original end date, the tenancy continues month to month. Applies to: Written fixed-term leases Source: Mont. Code Ann. § 70-24-205 |
| Email notice election | A party may voluntarily provide an email address only if the agreement includes a provision letting a party elect to receive notices by email; an email address cannot be required. Applies to: Leases that use email notice Source: Mont. Code Ann. § 70-24-202(4) |
Clauses that are void in Montana
| Waiver of rights | A rental agreement may not require a party to waive or give up rights or remedies under the Residential Landlord and Tenant Act. Applies to: All residential leases Source: Mont. Code Ann. § 70-24-202(1) |
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| Confession of judgment | A rental agreement may not authorize anyone to confess judgment on a claim arising from the agreement. Applies to: All residential leases Source: Mont. Code Ann. § 70-24-202(2) |
| Liability waivers and indemnity | A rental agreement may not excuse or limit a party's liability for its purposeful misconduct or negligence, or require the other party to indemnify it for that liability and related costs or attorney fees. Applies to: All residential leases Source: Mont. Code Ann. § 70-24-202(3) |
| Requiring an email address | A rental agreement may not make providing an email address a condition of entering the agreement. Applies to: All residential leases Source: Mont. Code Ann. § 70-24-202(4) |
| Rent without repair duties | A rental agreement or related document may not let the landlord collect rent free of the duty to keep the premises fit and habitable under § 70-24-303. Applies to: All residential leases Source: Mont. Code Ann. § 70-24-203 |
| Fees based on payment method | A landlord may not charge a fee based on how rent is paid, except to recover an electronic bank fee the landlord incurs for an electronic payment. Applies to: All residential leases Source: Mont. Code Ann. § 70-24-201(4) |
Format and delivery rules
| Abandoned property terms in plain language | The abandoned-property terms must be stated in plain and understandable language, in the lease or in a notice at the end of the lease. Applies to: All residential leases Source: Mont. Code Ann. § 70-24-430(9) |
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Fill in the lease
Nothing you type leaves your browser. Bracketed items are yours to complete; clauses marked as required by Montana law must be written to meet the rule shown above.
1. Parties. This lease is between [landlord name] ("Landlord") and [tenant name(s)] ("Tenant"). Landlord's address for notices: [landlord notice address].
2. Property. Landlord rents to Tenant the home at [rental address], including [parking, storage, appliances included].
3. Term. The lease begins on [start date] and ends on [end date]. [If month-to-month instead: the tenancy continues month to month until either side gives the written notice Montana law requires.]
4. Rent. Rent is $[monthly rent] per month, due on the [due day] day of each month, paid by [payment method] to [where to pay].
5. Late fee. If rent is not received by [late day], a late fee of $[late fee] is due. This fee must comply with Montana law (Mont. Code Ann. § 70-24-103 (definition of "rent")).
6. Security deposit. Tenant pays a security deposit of $[deposit amount] (Montana law sets no maximum; Mont. Code Ann. Title 70, Ch. 25 (§§ 70-25-101 to 70-25-206)). Landlord will return it, minus lawful deductions with any required itemized list, within the time Montana law sets (Mont. Code Ann. § 70-25-202(1)(a)-(b)).
7. Utilities. Tenant pays: [utilities tenant pays]. Landlord pays: [utilities landlord pays].
8. Occupants and guests. Only these people may live in the home: [names of all occupants]. Guests may stay up to [guest limit] unless Landlord agrees in writing.
9. Pets. [No pets allowed / Pets allowed: describe, plus any pet deposit or fee]. Assistance animals for people with disabilities are not pets and are handled under fair housing law.
10. Repairs and maintenance. Landlord keeps the home safe and fit to live in and makes repairs required by law. Tenant keeps the home clean, reports problems promptly in writing, and pays for damage beyond normal wear and tear.
11. Landlord entry. Landlord may enter for repairs, inspections or showings after giving the notice Montana law requires (Mont. Code Ann. § 70-24-312), except in an emergency.
12. Subletting. Tenant may not sublet or assign this lease without Landlord's written consent, which [will / will not] be unreasonably withheld.
13. Ending the lease. At the end of the term, [the lease ends / the lease renews month to month] unless either side gives written notice at least [notice days] days before the end date, and never less than Montana law requires.
14. Abandoned property procedure. (Write this clause to meet Montana law: see "Abandoned property procedure" above (Mont. Code Ann. § 70-24-430(9)).)
15. Default terms when the lease is silent. (Write this clause to meet Montana law: see "Default terms when the lease is silent" above (Mont. Code Ann. § 70-24-201).)
16. Holdover after a written lease ends. (Write this clause to meet Montana law: see "Holdover after a written lease ends" above (Mont. Code Ann. § 70-24-205).)
17. Email notice election. (Write this clause to meet Montana law: see "Email notice election" above (Mont. Code Ann. § 70-24-202(4)).)
18. Disclosures attached. Landlord has given Tenant these disclosures required by Montana law: Owner and manager name and address; Move-in condition statement; Known mold and mold testing. [Attach each one.]
19. Lead paint (homes built before 1978). If the home was built before 1978, Landlord has given Tenant the federal lead-based paint disclosure and the EPA pamphlet "Protect Your Family From Lead in Your Home."
20. Whole agreement. This lease and its attachments are the whole agreement. If any part is not allowed by law, the rest still applies. Changes must be in writing and signed by both sides.
Landlord: [landlord name] Signature: ____________ Date: [date signed]
Tenant: [tenant name(s)] Signature: ____________ Date: [date signed]
Lease agreement templates for other states · Montana landlord-tenant law · More templates
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.