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Free Montana Co-Signer
Guarantor Agreement Template

The guarantor (co-signer), the landlord the guaranty is given to, and the tenant whose lease it backs.

Last reviewed September 2026

Written by LawLease Editorial

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Montana Co-Signer Guarantor Agreement

This Co-Signer Guarantor Agreement is built with Montana as the governing state. These are the Montana landlord-tenant rules that most often bear on it, with the statute for each.

Montana rules at a glance

Montana rules for a Co-Signer Guarantor Agreement
Security deposit limitNo statutory cap
Deposit return10 days if nothing is deducted · 30 days with a written list of chargesMCA §70-25-202
Deposit burdenIn any deposit dispute, the landlord must prove the damage the tenant caused (§70-25-204).
Late feesNo statutory cap; set by the lease
Nonpayment notice3 days after written notice of nonpaymentMCA §70-24-422(2)
NonpaymentIf rent is unpaid when due and the tenant doesn’t pay within 3 days after written notice of nonpayment, the landlord may terminate the rental agreement (§70-24-422(2)).

Security deposits in Montana

Montana places no dollar limit on a residential security deposit. It regulates instead what can be deducted and how fast the money must come back — and it uses two different deadlines depending on whether anything is withheld.

  • No deductions — 10 days — If there is no damage, no cleaning required, no unpaid rent and the utilities are paid, the full deposit is due within 10 days of the tenancy ending (§70-25-202(1)(b)).
  • With deductions — 30 days — Otherwise, within 30 days after the tenancy ends (or the unit is surrendered and accepted, if earlier), the landlord must give the tenant a written list of rent due and damage and cleaning charges, together with any balance (§70-25-202(1)(a)).
  • How it’s paid — The refund may go by electronic transfer, cash, check or other form of refund, or by mail to the address the tenant provides or the last known address (§70-25-202).
  • Allowed deductions — Damage caused by the tenant, unpaid rent, late charges, utilities, penalties due under the lease, other money owed, and actual cleaning costs including a reasonable charge for the landlord’s own labor. Normal cyclical maintenance can’t be charged unless the tenant’s negligence made it necessary (§70-25-201).
  • Cleaning notice — Cleaning charges can’t be deducted until the landlord gives written notice describing what cleaning is still needed; the tenant then has 24 hours to do it. The notice isn’t required if the tenant moves out without notice (§70-25-201(3)).
  • Pre-move-out inspection — Either party may ask for the unit to be inspected within one week before the tenancy ends (§70-25-201(2)).
  • Wrongful withholding — The landlord is liable for the amount wrongfully withheld, bears the burden of proving tenant-caused damage, and may face an attorney’s-fee award to the prevailing party (§70-25-204).

Rent, late fees & rent increases

Montana has no statute capping residential late fees or requiring a grace period — a late charge is enforceable because the lease provides for it, and unpaid late charges are a permitted deduction from the deposit (§70-25-201(1)).

  • Rent increases — No Montana statute sets a separate rent-increase notice period. Rent is locked for a fixed-term lease; for a month-to-month tenancy an increase is a change of terms, so the 30-day termination notice under §70-24-441(2) is the practical minimum.
  • Rent control — Local governments in Montana are denied any power to control the amount of rent charged for private residential property (§7-1-111(26)).
  • Email can’t be required — A lease can’t make giving an email address a condition of renting, though the parties may voluntarily elect electronic notice (§70-24-202).

Ending a Montana tenancy

A periodic tenancy ends on the date named in the notice, not necessarily at the end of a rental period — rent is apportioned day by day unless the parties agree otherwise (§70-24-441(3)).

Notice to end a Montana periodic tenancy (MCA §70-24-441)
Week-to-week7 days’ written notice
Month-to-month30 days’ written notice, given at any time
  • Nonpayment — If rent is unpaid when due and the tenant doesn’t pay within 3 days after written notice of nonpayment, the landlord may terminate the rental agreement (§70-24-422(2)).
  • Pets & unauthorized occupants — An unauthorized pet or unauthorized person allows a 3-day notice; if the tenant fixes the problem before the date in the notice, the agreement doesn’t terminate (§70-24-422(1)).
  • Damage or safety threats — Destroying, damaging or removing part of the premises, or creating a reasonable risk of damage to the premises or injury to neighbors, allows termination on 3 days’ written notice (§70-24-422(3)–(4)).
  • Other breaches — Other noncompliance requires at least 14 days’ notice, and a remediable breach cured in time doesn’t end the tenancy; a repeat of the same breach within 6 months allows a 5-day notice (§70-24-422(1)).

Tenant protections you can’t waive

  • Void lease terms — A lease can’t waive rights under the Act, authorize a confession of judgment, excuse or limit liability for purposeful misconduct or negligence, or require indemnity for it (§70-24-202).
  • No retaliation — A landlord can’t raise rent, cut services or seek possession because the tenant complained to a code agency, complained in writing about habitability, or joined a tenants’ union; a complaint within 6 months creates a presumption of retaliation (§70-24-431).
  • No lockouts or shutoffs — Unlawfully removing a tenant or cutting heat, water, electricity, gas or other essential services lets the tenant recover possession or terminate, plus up to 3 months’ rent or treble damages, whichever is greater (§70-24-411).
  • Deposit burden — In any deposit dispute, the landlord must prove the damage the tenant caused (§70-25-204).

Montana Co-Signer Guarantor Agreement FAQs

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

Montana sets no maximum — the amount is whatever the lease specifies. The law instead limits what can be deducted and sets strict refund deadlines (§§70-25-201, 70-25-202).

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

Ten days if there’s no damage, no cleaning needed, no unpaid rent and the utilities are paid. If the landlord deducts anything, the written list of charges and any balance are due within 30 days after the tenancy ends (§70-25-202).

Can a Montana landlord deduct cleaning costs from the deposit?

Yes, including a reasonable charge for the landlord’s own labor — but only after giving the tenant written notice of the cleaning still needed and 24 hours to do it, unless the tenant moved out without notice (§70-25-201).

What notice is required to evict for nonpayment of rent in Montana?

A written notice of nonpayment; if the tenant doesn’t pay within 3 days after the notice, the landlord may terminate the rental agreement (§70-24-422(2)).

Is there a cap on late fees in Montana?

No. Montana has no statutory late-fee cap or grace period. Late charges must be provided for in the lease, and unpaid ones can be deducted from the security deposit (§70-25-201).

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