Free Montana Lease Agreement Template

A Montana lease agreement is a written contract between a landlord and a tenant for the rental of a residential property, such as a house, apartment, or condo. It explains how long the tenant can stay, how much rent they pay, who covers utilities, how parking works, and what happens if rent is late or damage occurs.

Having the agreement in writing makes expectations clear for both sides and is easier to enforce if there is a disagreement later. Your Montana lease agreement becomes the main reference point if questions come up during the tenancy.

Your Montana lease agreement should follow key landlord-tenant rules in state law. Important points include:

• Security deposit maximum: Montana does not set a maximum security deposit amount in statute.
• Security deposit returns: If no deductions are made, the landlord must return the deposit within 10 days. If deductions are taken, the landlord has 30 days to send the remaining funds and an itemized statement (MT Code § 70-25-202).
• Security deposit storage: There are no specific rules on where landlords must hold deposits.
• Late fees: State law does not set a cap on late fees; they must be reasonable and written into the lease.
• Landlord entry: Landlords must give at least 24 hours’ notice before entering for non-emergency reasons, and entry must be at a reasonable time (MT Code § 70-24-312).
• Lease termination (month-to-month): Either party can end a month-to-month tenancy with 30 days’ written notice (MT Code § 70-24-441).

Document Genius’s guided form helps you reflect these rules in plain language so your Montana lease agreement is easier to understand and use.

Montana gives landlords flexibility in setting security deposit amounts, but has clear rules for returning them.

Maximum Amount

Montana law does not limit how much a landlord can charge for a security deposit. Many landlords tie the deposit to one month’s rent, but you can set a higher or lower amount based on your property and risk tolerance. To avoid disputes, always list the exact deposit in your Montana lease agreement and describe when it may be kept.

Receipts, Storage, and Interest

Landlords in Montana are not required to:

• Issue a formal deposit receipt
• Keep deposits in a separate bank account
• Pay interest on deposits

Even without these requirements, it is smart to keep clear records of when deposits are collected and refunded.

Returning the Deposit

Montana sets specific timelines for returning security deposits (MT Code § 70-25-202):

• No deductions: If the tenant leaves the property in good condition and owes no rent, the landlord must return the full deposit within 10 days after move-out.
• With deductions: If the landlord keeps part of the deposit for unpaid rent or damage beyond normal wear and tear, they must send the remaining funds plus an itemized statement of deductions within 30 days.

Spelling out these rules in your Montana lease agreement can help set clear expectations at the end of the tenancy.

Montana law leaves many rent terms up to the lease, but still sets some important boundaries.

Rent Amount and Due Date

Unless your lease says otherwise, tenants generally pay rent on the first day of each rental period. Montana does not have statewide rent control, and state law bans local rent control measures for private property (Montana rent control ban). That means landlords and tenants can agree on any rent amount in the lease.

Late Fees and Non-Payment

Montana does not set a maximum late fee. However, late fees should be:

• Written clearly into the lease
• Applied consistently
• Reasonable in relation to the rent amount

If a tenant fails to pay rent, landlords must generally give a three-day notice before starting an eviction for non-payment (MT Code § 70-24-422). Your Montana lease agreement should match this timeline so tenants know how quickly action may be taken.

Repair-and-Deduct Option

Montana law allows tenants, in some cases, to make repairs and deduct the cost from rent. Under MT Code § 70-24-406:

• Tenants may arrange repairs if the landlord does not act within 14 days after written notice. If the condition constitutes an emergency, the landlord must take action within 3 days of receiving written notice.
• Repair costs that are deducted from rent are generally limited to up to one month’s rent.
• Emergency repairs should be done by qualified professionals.

Adding a short explanation of this process to your lease helps both sides understand their options when serious issues arise.

Montana protects tenants’ privacy but also gives landlords reasonable access to the property.

Notice for Entry

Landlords must give tenants at least 24 hours’ notice before entering the rental unit for non-emergency reasons, and any entry must be at a reasonable time of day (MT Code § 70-24-312). Common reasons for entry include:

• Performing repairs or maintenance
• Inspecting the property
• Showing the unit to prospective tenants or buyers

Emergency Entry

In emergencies, such as a fire, burst pipe, or gas leak, landlords may enter without advance notice to protect health and safety. Afterward, they should let the tenant know what happened and what was done.

Both landlords and tenants have ongoing repair and maintenance duties under Montana law.

Landlord Responsibilities

Landlords must keep rental properties livable and meet basic health and safety standards. UnderMT Code § 70-24-303, landlords generally must:

• Maintain the premises in a fit and habitable condition
• Make timely repairs when notified of issues
• Keep essential services such as heat, water, and electricity functioning

Tenant Responsibilities

Tenants also play a role in keeping the property in good shape. Under MT Code § 70-24-321, tenants are expected to:

• Keep the rental unit clean and safe
• Use plumbing, electrical systems, and fixtures properly
• Follow applicable health and safety codes
• Report repair needs to the landlord within a reasonable time

If a tenant abandons the unit, the landlord must make reasonable efforts to re-rent the property rather than simply letting it sit vacant (MT Code § 70-24-426).

Montana requires several specific disclosures to be provided with a lease agreement. These help tenants understand health, safety, and contact information before they move in.

• Lead-based paint disclosure: For most residential buildings built before 1978, landlords must disclose known lead-based paint hazards and provide an EPA-approved lead safety pamphlet (42 U.S.C. § 4852d).
• Methamphetamine production disclosure: If the landlord knows the property was used to manufacture methamphetamine, they must notify potential tenants (MT Code § 75-10-1305(3)).
• Mold disclosure: Landlords must state whether they have actual knowledge of mold in the premises and, if applicable, provide records of prior mold issues (MT Code § 70-16-703).
• Move-in checklist: When a tenant pays a security deposit, the landlord must provide a move-in checklist (MT Code § 70-25-206). Tenants can use it to note existing damage and keep a record for move-out.
• Manager or agent information: The lease must include the name and contact information of the person authorized to manage or enter the premises (MT Code § 70-24-301).

Document Genius prompts you for these details so your Montana lease agreement includes the required disclosures.

Ending a tenancy in Montana depends on the type of lease and how often rent is paid.

• Month-to-month leases: Either the landlord or the tenant may end a month-to-month tenancy by giving 30 days’ written notice before the end of the current rental period (MT Code § 70-24-441).
• Fixed-term leases: These leases usually end on the date stated in the agreement. If you want to allow renewals or automatic extensions, explain that process clearly in the lease.
• Early move-out or abandonment: If a tenant leaves before the lease ends, they may still owe rent until the landlord regains possession and makes reasonable efforts to re-rent the unit (MT Code § 70-24-426).

By setting out notice requirements, renewal options, and what happens if a tenant leaves early, your Montana lease agreement helps everyone understand how and when the tenancy can come to an end.