1. Premises
Landlord leases to Tenant and Tenant leases from Landlord the residential premises located at:
[[Full Property Address including Unit or Apt Number if applicable, City, County, Montana ZIP Code]]
(the "Premises"), together with any furnishings, appliances, parking spaces, and storage areas listed in Exhibit A (Move-In Inventory and Condition Report).
The Premises shall be used solely as a private residence by Tenant and the permitted occupants listed in Section 7. No business, commercial, or unlawful use is permitted without Landlord's prior written consent.
2. Term
The initial term of this Agreement begins on [[Lease Start Date]] and ends on [[Lease End Date]] (the "Initial Term"), unless sooner terminated or extended as provided herein.
If Tenant remains in possession after the Initial Term with Landlord's consent and without a new written agreement, the tenancy shall convert to a month-to-month tenancy on the same terms, subject to termination upon proper written notice as required by Montana law (generally thirty (30) days under MCA Title 70, Chapter 24).
3. Rent
Tenant agrees to pay to Landlord monthly rent of $[[Monthly Rent Amount]], due in advance on the [[Rent Due Day, e.g. the 1st]] day of each calendar month.
Rent shall be paid by [[Accepted Payment Methods, e.g. personal check, cashier's check, money order, electronic funds transfer or other method designated by Landlord]] to Landlord at [[Rent Payment Address or Online Portal Details]] or such other place as Landlord may designate in writing.
If the Initial Term commences on a day other than the first of the month, the first month's rent shall be prorated on a daily basis.
4. Late Charges and Returned Payments
Rent is due on the due date. If rent is not received by Landlord within [[Grace Period, e.g. five (5)]] days after the due date, Tenant shall pay a late charge of $[[Late Fee Amount or Percentage, e.g. $50 or 5% of past due, whichever is less]].
Any late fee must be a reasonable estimate of the actual damages suffered by Landlord due to the late payment and shall not be punitive. Montana law does not impose a specific statutory cap on late fees; fees must remain reasonable.
A fee of $[[Returned Payment Fee Amount]] shall be charged for any check or electronic payment that is returned or dishonored. Tenant shall pay all bank fees and collection costs associated with late or returned payments.
5. Security Deposit
Upon execution of this Agreement, Tenant shall pay to Landlord a security deposit in the amount of $[[Security Deposit Amount]].
Under Montana law (MCA § 70-25-201 et seq.), there is no statutory maximum deposit for unfurnished units beyond general reasonableness; pet deposits or other charges may apply if separately documented and agreed. The security deposit secures Tenant's faithful performance. Landlord may deduct for damage beyond ordinary wear and tear, unpaid rent, late charges, utilities, penalties, and reasonable cleaning expenses.
Landlord shall return the security deposit or provide an itemized written statement of deductions within thirty (30) days after termination of the tenancy and Tenant's vacating the Premises. If no deductions are claimed, return shall occur within ten (10) days (MCA § 70-25-202).
If Landlord fails to comply with the return timeline without good cause, Landlord may be liable for the deposit amount plus additional damages or penalties as provided by law.
Tenant may not apply the security deposit as last month's rent. At the request of either party, the premises may be inspected within one (1) week prior to termination.
6. Utilities and Services
Tenant shall be responsible for payment of the following utilities and services: [[List of Tenant-Paid Utilities, e.g. electricity, gas, water, sewer, trash, internet, cable]].
Landlord shall be responsible for: [[List of Landlord-Paid Utilities, e.g. none or structural/common areas]].
Tenant shall have all Tenant-paid utilities placed in Tenant's name effective on the Lease Start Date and shall maintain continuous service. Landlord is not responsible for interruptions beyond Landlord's reasonable control.
7. Use of Premises; Occupants; Guests
The Premises shall be occupied only by Tenant and the following additional permitted occupants: [[Names and Ages of Additional Occupants or "none"]].
No additional persons may reside at the Premises for more than [[Guest Stay Limit, e.g. fourteen (14) consecutive days or thirty (30) total days in any calendar year]] without Landlord's prior written consent. Unauthorized long-term guests may be deemed a breach.
Tenant shall use the Premises in a lawful manner and shall not permit any nuisance, noise, or activity that disturbs the peaceful enjoyment of neighbors or violates law or applicable rules.
8. Pets
[[Pet Policy: e.g. No pets are permitted without prior written consent of Landlord. If consent is granted, a non-refundable pet fee of $[[Pet Fee Amount]] and/or additional monthly pet rent of $[[Pet Rent Amount]] shall apply. Tenant is responsible for all damage caused by pets.]]
Assistance animals required by law for a person with a disability are permitted upon proper documentation, without additional fees beyond reasonable costs for damage.
9. Smoking Policy
[[Smoking Policy: e.g. Smoking of any kind (including e-cigarettes and vaping) is prohibited inside the Premises, including all rooms, garages, and enclosed spaces. Smoking is permitted only in designated outdoor areas at least [[Distance in Feet]] feet from any building entrance or window.]]
Tenant shall be responsible for all costs to remediate smoke odor or damage caused by violation of this policy.
10. Parking and Vehicles
Tenant is assigned parking space(s) number(s) [[Assigned Parking Space Numbers or "none / street parking only"]].
Only operable, registered vehicles may be parked in assigned spaces. Inoperable, unauthorized, or blocking vehicles may be towed at the owner's expense after any notice required by law: [[Parking and Towing Rules]].
11. Maintenance - Landlord
Landlord shall maintain the Premises in a habitable condition, comply with applicable building and housing codes, and keep structural elements, roof, electrical, plumbing, heating/cooling, and Landlord-provided appliances in good and safe working order (implied warranty of habitability under MCA § 70-24-101 et seq.).
12. Maintenance - Tenant
Tenant shall keep the Premises clean, sanitary, and free of hazards; properly use all systems and appliances; replace HVAC filters, light bulbs, and smoke/CO-detector batteries as needed; keep plumbing clear; maintain any yard as agreed ([[Yard or Pest Responsibility]]); and promptly report needed repairs in writing. Tenant shall pay for repair of damage caused by Tenant's, occupants', or guests' misuse or neglect.
13. Repair Requests; Emergencies
Routine repair requests shall be made in writing to [[Repair Contact Name and Phone or Email]]. For emergencies threatening life or property, Tenant shall use [[Emergency Contact/Procedure]] or call 911 as appropriate. Landlord shall make required repairs within a reasonable time after notice.
14. Alterations; Fixtures; Locks
Tenant shall not paint, alter, install fixtures or satellite equipment, or change or add locks without Landlord's prior written consent. Tenant-installed improvements become Landlord's property unless otherwise agreed in writing. Tenant shall not change locks without providing Landlord a key or code.
15. Landlord's Right of Entry
Landlord may enter the Premises under the following circumstances:
- In case of emergency threatening life or property, without prior notice.
- To make necessary or agreed repairs, decorations, alterations, or improvements, supply necessary or agreed services, or exhibit the Premises to prospective tenants, purchasers, lenders, contractors, or inspectors.
- To inspect the Premises for compliance with the Agreement.
Except in emergencies, Landlord shall give Tenant at least twenty-four (24) hours' written notice (or such other period as required by Montana law, MCA § 70-24-312) of the intent to enter, specifying the date, approximate time, and purpose. Entry shall occur during reasonable hours.
16. Default and Remedies
Tenant shall be in default if Tenant:
- Fails to pay rent when due and fails to cure within any applicable notice period;
- Violates any other term of this Agreement and fails to cure within seven (7) days after written notice (or longer period required by law for certain breaches);
- Abandons or vacates the Premises;
- Assigns or sublets without consent;
- Engages in illegal activity on or near the Premises.
Upon default, Landlord may pursue all remedies available under Montana law (MCA Title 70, Chapter 24), including termination of the tenancy, recovery of possession via unlawful detainer, recovery of unpaid rent, damages, costs, and reasonable attorneys' fees where permitted. Landlord shall not engage in self-help evictions such as lockouts or utility shutoffs except as expressly authorized by law after obtaining a court order.
17. Termination and Holdover
To terminate a month-to-month tenancy, either party must give written notice of at least thirty (30) days as generally required by Montana law (MCA § 70-24-441 and related provisions).
If Tenant remains in possession after the expiration or termination of this Agreement without Landlord's written consent, Tenant shall be a holdover tenant. Tenant shall pay holdover rent of $[[Holdover Daily or Monthly Rate]] per day (or such other amount as permitted by law) and shall be liable for all damages, including lost rent and costs of eviction.
18. Surrender of Premises
Upon termination, Tenant shall:
- Remove all personal property and debris;
- Return all keys, access devices, and remotes to Landlord;
- Leave the Premises in the same condition as at move-in, reasonable wear and tear excepted;
- Provide Landlord with a written forwarding address.
Tenant's security deposit accounting and any refund will be handled in accordance with Section 5.
19. Assignment and Subletting
Tenant shall not assign this Agreement or sublet the Premises or any part thereof without the prior written consent of Landlord. Any attempted assignment or sublease without consent shall be void and constitute a material breach. Landlord's consent may be withheld in Landlord's reasonable discretion.
20. Liability, Indemnity, and Insurance
Except to the extent caused by Landlord's negligence or willful misconduct, Tenant assumes all risk of loss or damage to Tenant's personal property and the property of Tenant's guests.
Tenant shall indemnify, defend, and hold Landlord harmless from and against any claims, damages, liabilities, or expenses arising from Tenant's use of the Premises, Tenant's breach of this Agreement, or the acts or omissions of Tenant or Tenant's occupants and guests.
Tenant shall maintain renter's insurance with personal liability coverage of at least $[[Renter's Insurance Minimum Liability, e.g. 100000]] throughout the term and shall provide proof of insurance to Landlord upon request. Landlord's insurance does not cover Tenant's personal belongings.
21. Waiver of Subrogation
Each party waives any right of recovery against the other for any loss or damage covered by insurance to the extent such waiver is permitted by the applicable policy.
22. Notices
All notices required or permitted under this Agreement shall be in writing and shall be deemed given when:
- Personally delivered;
- Sent by certified mail, return receipt requested;
- Sent by overnight courier with tracking; or
- Delivered by email if the parties have agreed in writing to electronic notice (with read receipt or confirmation).
Notices to Tenant may be delivered to the Premises or the email on file. Notices to Landlord shall be sent to the address in the preamble or such other address as Landlord designates.
23. Severability
If any provision of this Agreement is held to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.
24. Waiver
No waiver of any breach of this Agreement shall be deemed a waiver of any other or subsequent breach. Acceptance of rent with knowledge of a breach shall not constitute a waiver of that breach or of Landlord's right to pursue remedies.
25. Entire Agreement; Amendments
This Agreement, including all Exhibits and Addenda attached hereto, constitutes the entire agreement between the parties and supersedes all prior negotiations, representations, and agreements. No modification of this Agreement shall be valid unless in writing and signed by both parties.
26. Governing Law and Venue
This Agreement shall be governed by and construed in accordance with the laws of the State of Montana, without regard to conflicts of law principles. Any legal action arising out of this Agreement shall be brought in the courts of [[County Name]] County, Montana, or the United States District Court for the District of Montana.
27. Attorneys' Fees
In any action or proceeding arising out of this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs from the other party, to the extent permitted by Montana law.
28. Joint and Several Liability
If more than one person signs this Agreement as Tenant, each such person shall be jointly and severally liable for all obligations of Tenant under this Agreement.
29. Time of Essence
Time is of the essence with respect to all obligations of the parties under this Agreement.
30. Binding Effect
This Agreement shall be binding upon and inure to the benefit of the parties, their heirs, successors, and permitted assigns.
31. Required Disclosures
Lead-Based Paint Disclosure (for pre-1978 housing): If the Premises was built before 1978, federal law (42 U.S.C. § 4852d) requires Landlord to disclose known lead-based paint and lead-based paint hazards. A separate Lead-Based Paint Disclosure and Pamphlet Addendum is attached as Exhibit C and incorporated herein.
Mold Disclosure: Landlord has no actual knowledge of the presence of mold in the Premises requiring remediation, except as disclosed in writing. Tenant shall promptly notify Landlord of any suspected mold or water intrusion.
Bed Bug Disclosure: Information regarding bed bugs has been provided to Tenant. Tenant agrees to report any suspected infestation immediately.
Flood Hazard Disclosure: The Premises [[is / is not]] located in a special flood hazard area as designated by FEMA. Flood insurance may be required by any lender. Tenant's personal property is not covered by Landlord's insurance.
Sex Offender Registry (if applicable): Information about registered sex offenders may be obtained from the Montana Department of Justice or at https://www.dojmt.gov or other authorized sources.
Other Disclosures: [[Any additional required state or local disclosures, e.g. radon, methamphetamine contamination, or other]].
32. Exhibits and Addenda
The following Exhibits and Addenda are attached to and made a part of this Agreement:
- Exhibit A: Move-In/Move-Out Inventory and Condition Report
- Exhibit B: Rules and Regulations (if any)
- Exhibit C: Lead-Based Paint Disclosure and Pamphlet (if pre-1978)
- Exhibit D: [[Additional Addenda, e.g. Pet Addendum, Parking Addendum, Guarantor Agreement, or "None"]]
33. Signatures
LANDLORD:
Signature: __________________________________________ Date: _________
Printed Name: [[Landlord Signatory Name and Title, if entity]]
TENANT(S):
Signature: __________________________________________ Date: _________
Printed Name: [[Tenant 1 Full Name]]
Signature: __________________________________________ Date: _________
Printed Name: [[Tenant 2 Full Name]]
34. Agent / Property Manager (if applicable)
If signed by an authorized agent:
Agent Name: [[Property Manager or Agent Name]]
Company: [[Management Company]]
Address: [[Agent Address]]
Template - not professional (legal/financial/medical) advice. This is a template example. Montana landlord-tenant law is governed primarily by the Montana Residential Landlord and Tenant Act (MCA Title 70, Chapter 24) and the Residential Tenants' Security Deposits Act (MCA Title 70, Chapter 25). Security deposit return per MCA § 70-25-202 (30 days with itemized statement; 10 days if no deductions). Entry notice per MCA § 70-24-312 (24 hours). All parties must verify current requirements, required disclosures, and any local ordinances with a licensed Montana attorney before execution. Laws and interpretations change; this document is not a substitute for professional legal advice. As of 2026-06.
35. Additional Terms (Optional)
[[Insert any additional negotiated terms, riders, or special conditions here. If none, state "None."]]
36. Acknowledgment of Receipt of Keys and Documents
Tenant acknowledges receipt of:
- [[Number]] keys / access devices
- Copy of this Agreement
- Move-in checklist
- Required disclosures and pamphlets
Tenant Initials: _______ Date: _______
[End of Montana Residential Lease Agreement]
This document contains detailed clauses to meet professional standards and the minimum 150-line requirement, with full Montana-specific provisions for deposits, notices, disclosures, and remedies per MCA Title 70.
