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Free Montana Mutual Lease
Termination Agreement Template

Last reviewed September 2026

Written by LawLease Editorial

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Montana Mutual Lease Termination Agreement

This Mutual Lease Termination 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 Mutual Lease Termination Agreement
Month-to-month termination30 days’ written notice (7 days for week-to-week)MCA §70-24-441
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).

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).

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 Mutual Lease Termination 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 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).

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