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In Montana, property may be rented between a lessor and a lessee using the free Montana rental and lease agreements. Once a potential lessee has inspected the property and found it suitable, they will usually complete a rental application which the landlord can use to verify their employment and background information. Rental Application – Used by the lessor to obtain the lessee's personal, financial, and employment information to verify their ability to pay the rent.
Laws – Title 70, Chapter 24 (Residential Landlord and Tenant Act of 1977), Chapter 25 (Residential Tenants’ Security Deposits)
Guides – Tenants and Landlords (Montana Department of Justice), Montana Tenant-Landlord Guide
Commercial Rental Lease Agreement – A contract for leasing a property to be used for commercial purposes. The type of commercial property being leased can range widely. The contract itself is negotiable and it often places more responsibility on the tenant when it comes to rent and other payments.
Monthly Rental lease Agreement– Rent is payable monthly under § 70-24-441 and can be terminated with a minimum of thirty days’ notice. This agreement is more common for people that are in between houses instead of long-term tenants.
Rent-to-Own Rental Agreement – This lease follows the conventions of the standard lease agreement but it also has the option to purchase the property at a later date when certain conditions are met. The price can be negotiated at the beginning or when the tenant exercises their right to purchase.
Roommate Lease Agreement – This is a contractual agreement between people living in a shared space that details the rules and regulations of the property and the obligations of roommates.
Standard Residential Rental Contract – A residential lease agreement that has a fixed term. The term is usually twelve months but it can be longer as well. This is the most common type of lease agreement in use.
Sublease Agreement – The act of a tenant with an active residential contract with a landlord to re-rent their space to a new tenant (subtenant) to bear the responsibility on the premises for the rest of the term. It also comes in two options; a commercial and residential sublease.
Mold Disclosure (§ 70-16-703) – The property owner must inform all occupants of the presence of mold if any.
Lead-Based Paint Disclosure – As required by law, the landlord must inform all tenants, for all buildings constructed before 1978, of the presence of lead-based paint material on the interior that may be hazardous to the occupants.
Methamphetamine Drug Lab Disclosure (§ 75-10-1305(3)) – If a building was used as a methamphetamine lab in the past, or if it has been contaminated by smoke from meth use, the landlord needs to state clearly if the building has been decontaminated.
The homeowner may use this disclosure form after submitting evidence to the Montana Dept. of Environmental Quality that their dwelling has been decontaminated according to the decontamination regulations of § 75-10-1303.
Move-in Checklist (§ 70-25-206) – If the property owner requires a security deposit, they are obligated to provide the lessee a summary of any pre-existing damage on the property - which the lessee verifies.
Manager Identification (§ 70-24-301) – A property owner must state in the agreement before the start of the tenancy, the people (and their occupation) allowed access to the premises. e.g, agents, and managers.
Maximum – No limit to the amount the lessor can demand as a security deposit.
Returning (§ 70-25-202) – The lessor is required to return to the lessee within ten days if no subtractions to the deposit. If there are subtractions, a list of items is required along with the security deposit to be returned within thirty days.
No set date, hence rent due date is agreed upon by the landlord and tenant. If the tenant doesn’t pay or is late on the payment, penalties may be imposed.
Late payment of rent – No limit but fees should be included in the rental contract.
Funds Insufficiency – There is a cap on the fee a property owner can charge when an occupant’s check fails.
The property owner is required to provide a minimum of twenty-four hours’ notification before accessing the premises, unless in an emergency. (§ 70-24-312).
After the lease agreement has been drafted and all parties are in agreement, they can sign the agreement. By signing, the lease becomes legally binding.