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    Montana Residential Lease Agreement

    Montana sets no statewide ceiling on security deposits, but the landlord must refund it within 10 days after the lease ends.

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    Montana lease rules at a glance

    Key Montana rules for a residential lease, with the statute behind each
    RuleWhat the law says
    Security deposit capNo state capMCA Title 70, ch. 25 (no cap), MCA § 70-25-101(4)
    Deposit return deadline10 days after the lease endsMCA § 70-25-202(1)(a), (b)
    Late feesNo state cap · grace period: no state grace periodMCA Title 70, ch. 24 (no late-fee limit), MCA § 70-24-404, MCA Title 70, ch. 24 (silent)
    Landlord entry notice24 hours' noticeMCA § 70-24-312
    Ending a month-to-month lease30 days (either side)MCA § 70-24-441
    Rent increase noticeNo state ruleMCA § 70-24-201, MCA § 70-24-441
    Rent controlNo statewide rent controlTitle 70, ch. 24, MCA (parts index)
    Eviction notice for unpaid rent3 days (3-day notice to pay rent or vacate)MCA 70-24-422(2)

    Montana lease disclosures checklist

    At or before the start of the tenancy, give the tenant in writing the manager's and owner's (or agent's) names and addresses, give a signed condition statement if you take a deposit, and give the federal lead-paint disclosure for pre-1978 housing (MCA 70-24-301, 70-25-206). (MCA 70-24-301, MCA 70-25-206)

    • Name and address of the manager and of the owner or the owner's agent for service of process and notices — In writing at or before the start of the tenancy, kept currentMCA 70-24-301
    • Separate signed written statement of the present condition of the premises (or that they were never rented before); on written request, the prior tenant's damage and cleaning charges — With the lease, when a security deposit is requiredMCA 70-25-206
    • Lead-based paint disclosure and EPA pamphlet — Housing built before 197842 U.S.C. § 4852d; 40 CFR Part 745 Subpart F

    MakeLease generates a customizable lease; add these Montana disclosures and terms.

    Before you sign in Montana

    If a deposit is withheld wrongly
    A landlord who wrongfully withholds a deposit owes the tenant the amount wrongfully withheld plus possible attorney fees, and a landlord who skips the written list forfeits all damage and cleaning deductions (MCA §§ 70-25-203, 70-25-204). (MCA § 70-25-204(1), MCA § 70-25-203)
    Deductions from the deposit
    Landlords must give the departing tenant a written list of rent due and damage and cleaning charges within 30 days, or they forfeit the right to withhold for damage or cleaning (MCA §§ 70-25-202, 70-25-203). (MCA § 70-25-202(1)(a), MCA § 70-25-203)
    Interest on the deposit
    Montana law does not require landlords to pay interest on security deposits (MCA Title 70, ch. 25 is silent). (MCA Title 70, ch. 25 (silent))
    Rent control and increases
    Montana has no rent control law; the Residential Landlord and Tenant Act of 1977 (Title 70, ch. 24, MCA) governs lease terms and notices but does not limit rent amounts. (Title 70, ch. 24, MCA (parts index))
    If rent goes unpaid
    For unpaid rent, give written notice of nonpayment and that the agreement will end unless rent is paid within 3 days after the notice; if it isn't, you may terminate (MCA 70-24-422(2)). (MCA 70-24-422(2))

    Montana lease FAQs

    How much can a landlord charge for a security deposit in Montana?

    Montana law does not cap the amount of a security deposit (MCA Title 70, ch. 25 sets no limit) (MCA Title 70, ch. 25 (no cap)).

    How long does a Montana landlord have to return a security deposit?

    Landlords must return the full deposit within 10 days if there is no damage, cleaning, unpaid rent or unpaid utilities, and otherwise must deliver the refund with a written list of charges within 30 days after the tenancy ends or the unit is surrendered (MCA § 70-25-202) (MCA § 70-25-202(1)(a), (b)).

    Is there a limit on late fees in Montana?

    Montana has no statute capping residential late fees, but a court may refuse to enforce an unconscionable lease term (MCA § 70-24-404) (MCA Title 70, ch. 24 (no late-fee limit)). Montana law does not require a grace period before a late fee may be charged, so any grace period comes from the lease (MCA Title 70, ch. 24 is silent) (MCA Title 70, ch. 24 (silent)).

    How much notice must a Montana landlord give before entering a rental?

    Montana landlords must give at least 24 hours' notice before entering and may come only at reasonable times, except in an emergency or when notice is impracticable (MCA § 70-24-312(3)).

    How much notice ends a month-to-month tenancy in Montana?

    Either party may end a Montana month-to-month tenancy by written notice given at any time at least 30 days before the termination date it names (MCA § 70-24-441(2)-(3)).

    What disclosures does a Montana lease need?

    At or before the start of the tenancy, give the tenant in writing the manager's and owner's (or agent's) names and addresses, give a signed condition statement if you take a deposit, and give the federal lead-paint disclosure for pre-1978 housing (MCA 70-24-301, 70-25-206). The list covers Name and address of the manager and of the owner or the owner's agent for service of process and notices, Separate signed written statement of the present condition of the premises (or that they were never rented before); on written request, the prior tenant's damage and cleaning charges and Lead-based paint disclosure and EPA pamphlet.

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