What clauses are legally required in every Montana lease agreement?
Every Montana lease should identify the landlord/agent and all adult tenants, the property, the rent and due date, and the term. The Act requires the owner/manager identity disclosure (§ 70-24-301), and the Montana Mold Disclosure Act requires disclosure of known mold (§ 70-16-703). A lease for a term longer than one year must be in writing (§ 70-20-101).
Montana security deposit rules — the 30-day and 10-day returns
Mont. Code § 70-25-202 governs deposits:
- No cap on the deposit amount.
- Return with deductions: within 30 days of termination, the landlord must provide a written itemized list of unpaid rent and damage/cleaning charges and pay any balance.
- Return with no deductions: if there is no unpaid rent and no damage or cleaning owed, the full deposit must be returned within 10 days.
For a multi-state comparison, see security deposit rules every landlord must know.
Late fees and rent rules in Montana
Montana's URLTA contains no late-fee statute, so there is no statutory cap and no mandated grace period. A late fee is enforceable only if it is written into the lease and reasonable; courts apply a reasonableness standard, and there is no safe-harbor dollar or percentage figure in the code.
Notice periods to end or not renew a Montana lease
Montana notice periods:
| Situation | Notice | Statute |
|---|---|---|
| Terminate month-to-month tenancy | 30 days (no cause required) | § 70-24-441 |
| Nonpayment of rent | 3-day notice to pay or quit | § 70-24-422 |
Self-help eviction is unlawful; the landlord must use the court process.
What disclosures must Montana landlords provide?
Montana's required disclosures:
- Owner/manager identity (§ 70-24-301): in writing before the tenancy, the name and address of the person authorized to manage the premises and of the owner or agent for service and notices.
- Mold (§ 70-16-703): if the landlord or agent knows mold is present, it must be disclosed before or upon entering the lease; a signed disclosure gives the landlord liability protection.
- Lead-based paint (federal): the disclosure and EPA pamphlet for pre-1978 housing.
What happens if a Montana lease is missing required terms?
Specific failures carry specific consequences:
- Missed 30-day (or 10-day) return / no itemization: exposes the landlord to the wrongfully withheld amount and possible damages (§ 70-25-202).
- Missing owner disclosure: leaves the lease non-compliant and complicates notice and service (§ 70-24-301).
- Undisclosed known mold: forfeits the liability protection the disclosure provides (§ 70-16-703).
Managing rentals in more than one state? Compare Montana's rules with our Colorado and Washington lease requirement guides.
Full Montana disclosure checklist
For a dedicated, statute-by-statute rundown of every notice a Montana landlord must give at signing, see our Montana required lease disclosures checklist.
Create your Montana lease agreement
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Create your Montana lease agreement →Frequently asked questions
Is there a security deposit limit in Montana?
No. Montana sets no cap on the deposit amount, but it must be returned with a written itemized list within 30 days of the tenancy ending, or within 10 days if there are no deductions (Mont. Code § 70-25-202).
How long does a Montana landlord have to return a security deposit?
Within 30 days of termination with an itemized statement, or within 10 days if there is no unpaid rent and no damage or cleaning owed (Mont. Code § 70-25-202).
Is there a late-fee limit in Montana?
No. Montana's URLTA has no late-fee statute, so there is no cap and no mandated grace period; the fee must simply be in the lease and reasonable.
How much notice is required to end a month-to-month tenancy in Montana?
Thirty days, with no cause required (Mont. Code § 70-24-441). Nonpayment of rent requires a separate 3-day notice (§ 70-24-422).
Does Montana require a mold disclosure?
Yes, if the landlord knows of it. Under the Montana Mold Disclosure Act (§ 70-16-703), a landlord who knows mold is present must disclose it before or upon entering the lease; a signed disclosure provides liability protection.
Official sources
Primary statutes and official government references for this guide. Statutes change — always confirm against the current official text before you act.