Free Montana Lease & Rental Agreement

Last updated September 27, 2026

Written by LawLease Editorial

Free template

Download a free Montana residential lease agreement template

A blank, printable Montanaform with the state's required clauses and disclosures — fill it in by hand. Create a free account to download.

Build a guided Montana version

Montana Residential Lease Agreement

A Montana residential lease (also called a Montana rental agreement) sets the rent, term and house rules for a home rental. A Montana residential lease agreement is governed by the Residential Landlord and Tenant Act of 1977 (Title 70, Chapter 24 of the Montana Code Annotated), with security deposits covered separately in Chapter 25. Montana sets no deposit or late-fee cap, but it runs two deposit-refund clocks, requires 24 hours’ notice before entry, and lets a landlord terminate on 3 days’ written notice for unpaid rent.

Montana landlord–tenant law at a glance

Montana residential lease law summary
Security deposit limit	No statutory cap
Deposit return	10 days if nothing is deducted · 30 days with a written list of chargesMCA §70-25-202
Late fees	No statutory cap; set by the lease
Rent-increase notice	No specific statute; a month-to-month change needs the 30-day termination noticeMCA §70-24-441
Landlord entry	24 hours’ notice, at reasonable times (may be posted on the main door)MCA §70-24-312
Month-to-month termination	30 days’ written notice (7 days for week-to-week)MCA §70-24-441
Nonpayment notice	3 days after written notice of nonpaymentMCA §70-24-422(2)
Rent control	Local governments may not control private rentsMCA §7-1-111

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).

Landlord entry & access

A Montana tenant may not unreasonably refuse entry to inspect, make repairs or improvements, supply services, or show the unit to buyers, lenders, tenants or contractors. Except in an emergency or where it is impracticable, the landlord must give at least 24 hours’ notice of the intent to enter and may enter only at reasonable times; the notice may be conspicuously posted on the unit’s main entry door (§70-24-312(3)).

The landlord may enter without consent in an emergency, but may not abuse the right of access or use it to harass the tenant. Beyond that, entry requires a court order or an abandoned or surrendered unit. A tenant may not change the locks without permission and must provide keys to any lock they install (§70-24-312).

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-week	7 days’ written notice
Month-to-month	30 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)).

Required disclosures in Montana

Owner & manager — At or before move-in, the landlord must give the tenant in writing the name and address of the property manager and of the owner or the owner’s agent for service of process and notices, and keep it current (§70-24-301).
Move-in condition statement — A landlord who takes a security deposit must give the tenant, when the lease is signed, a separate signed written statement of the unit’s present condition (or that it has never been rented before). Without it, the landlord can’t recover for damage or cleaning unless it proves by clear and convincing evidence that the tenant caused it (§70-25-206).
Mold — A landlord who knows mold is present must disclose it before or when the lease is signed. Providing the statutory mold disclosure statement and disclosing known mold and prior testing shields the landlord from mold-based liability (§70-16-703).
Smoke & CO detectors — Approved smoke and carbon monoxide detectors must be installed and working when the tenancy begins; the tenant maintains them during the tenancy (§70-24-303(1)(g)).
Lead-based paint — Federal law requires the lead warning, EPA pamphlet and known-hazard disclosure for housing built before 1978 (42 U.S.C. §4852d).

Habitability & repairs

A Montana landlord must comply with applicable building and housing codes, keep the premises fit and habitable, keep common areas clean and safe, maintain electrical, plumbing, heating and other supplied facilities and appliances, provide garbage receptacles and removal, and supply running water, reasonable hot water at all times and reasonable heat from October 1 through May 1 (§70-24-303(1)).

If a health-and-safety defect isn’t fixed within 14 days of the tenant’s written notice, the tenant may end the agreement on a date at least 30 days after the notice; for an emergency the landlord has 3 working days. Alternatively, after proper notice, the tenant may make repairs costing no more than one month’s rent and deduct the cost from rent (§70-24-406).

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 lease 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).

How much notice does a Montana landlord need to give before entering?

At least 24 hours, except in an emergency or where it is impracticable, and entry must be at reasonable times. The notice may be posted on the unit’s main entry door (§70-24-312).

How much notice is required to end a month-to-month lease in Montana?

At least 30 days’ written notice, which can be given at any time during the month; the tenancy ends on the date named, with rent apportioned daily. Week-to-week tenancies need 7 days (§70-24-441).

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).

Montana landlord documents

Lease agreements for other states

Create your Montana lease in under 5 minutes

Montana-compliant clauses, e-sign ready, built for landlords and tenants.

Start your Montana lease