Montana Month-to-Month Rental Agreement
If you’re a landlord or tenant looking for a more flexible rental option than a fixed-term lease, a Montana month-to-month lease agreement might be the arrangement you’re looking for.
A month-to-month rental agreement creates a tenancy-at-will, which basically means there’s no fixed end date. Either party can end the contract with notice. It can be a great option for a tenant who’s new to an area and doesn’t want to commit to a yearlong lease. They’re also suitable for landlords who want to try dipping their toes into real estate for the first time.
In this guide, we’ll walk through month-to-month lease agreements, how state-legislated landlord-tenant laws affect renting property, and how to terminate a month-to-month lease in Montana.
Montana Lease Agreement
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Montana Landlord-Tenant Law
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Montana Month-to-Month Lease Laws
Because each state has unique landlord-tenant laws, you must understand the rules specific to your state.
Below, we’ll review Montana-specific rules regarding:
- Mandatory lease disclosures
- Notice to terminate a month-to-month lease
- Increasing rent for a tenancy-at-will
- When you can start the eviction process
- Collecting, handling, and returning security deposits
- Pet deposits, pet rent, and their limitations
- Late fees and grace periods for rent payments
Required Landlord Disclosures (5)
State law requires landlords to disclose the following information to Montana tenants when they move into a rental unit.
1. Lead paint: Federal law requires landlords to disclose to tenants the knowledge or existence of lead-based paint or lead-based paint hazards in all units built before 1978.
2. Mold: All leases in Montana must have a clause explaining that the landlord is unaware of the presence of mold on the property (§ 70-16-702).
3. Landlord contact information: State law requires Montana landlords to list their name and address clearly in the lease agreement. If the landlord’s contact information changes, they must notify the tenant as soon as possible (§ 70-24-301).
4. Methamphetamine: Montana landlords must notify tenants of meth contamination in a property until a professional cleans it (§ 75-10-1305).
5. Move-in checklist: When a tenant moves into the rental unit, landlords must give them a move-in checklist to document the present condition of the unit (§ 70-25-206).
TurboTenant provides each of these disclosures with every lease agreement.
Required Notice to Terminate Month-to-Month Agreement
Landlords can change the terms of a Montana month-to-month lease agreement by providing written notice at least 15 days before the change goes into effect. To terminate the lease, however, both parties must give at least 30 days’ notice (§ 70-24-441).
Required notice for landlord: 30 days
Required notice for tenant: 30 days
Rent Increase Laws
Montana does not have statewide rent control. Landlords can increase the rent as they see fit on a month-to-month lease. Technically, a change to a month-to-month lease can go into effect with 15 days’ written notice (§ 70-26-109), potentially affecting rent increases. However, another Montana law (§ 70-24-311) suggests that any substantial change to the “rules” of the rental requires 30 days’ notice, which some legal experts say includes rent increases.
Rent Payment Laws
Grace period: State law doesn’t require Montana landlords to give tenants a grace period for overdue rent payments.
Late rent fees: Montana does not limit the dollar amount in late fees a landlord can tack on to an overdue rent payment. However, the landlord should include that information in their lease agreement to avoid miscommunication.
Tenant’s right to withhold rent: If a Montana landlord fails to make a necessary repair that threatens the health and safety of a tenant, the tenant may deduct up to 1 month’s rent after covering the repair cost (§ 70-24-406).
Pet rent laws: Landlords in Montana are allowed to charge pet rent, as long as the pet isn’t a service animal or an emotional support animal (ESA).
Security Deposit Rules
Maximum security deposit: The state of Montana sets no maximum security deposit amount.
Security deposit receipt: Montana landlords aren’t required to provide a receipt for the deposit or information on where the deposit is held.
Deduction tracking: If the landlord withholds funds from the security deposit for excessive cleaning or damage beyond normal wear and tear, they must provide tenants with an itemized list of the charges within 30 days (§ 70-25-202).
Returning a tenant’s security deposit: Montana landlords have 10 days to return the remaining security deposit once the tenancy ends (§ 70-25-202).
Pet deposit rules: Landlords in Montana can collect a pet deposit, except for service animals or ESAs.
Property Access Regulations
Advance notice: Generally, Montana landlords must give tenants at least 24 hours’ notice before entering the property. They can only enter during reasonable hours (§ 70-24-312).
Immediate access: Montana landlords are allowed to enter the property without notice in emergencies (§ 70-24-312).
Landlord harassment: If a landlord repeatedly enters the rental unit without notice or at unreasonable hours, the tenant could claim landlord harassment. That could allow them to terminate the lease early (§ 70-24-410).
Rental Agreement Violations
Missed rent payment: Montana landlords may issue a 3-day Notice to Pay or Quit once rent is late. This notice gives the tenant 3 days to pay the amount due or move out (§ 70-24-422).
Lease violation: The type of violation dictates the actions landlords can take. The landlord must issue a 3-day Notice to Cure or Quit for unauthorized pets or residents living in the unit. The tenant should receive a 14-day Notice to Cure or Quit for all other violations. If the tenant commits the same lease violation within 6 months, the landlord can issue a 5-day Notice to Quit with no opportunity to cure (§ 70-24-422(1(b,c,f))).
Self-help evictions: All evictions must follow the Montana state laws, and landlords should never remove a tenant on their own. Self-help evictions are illegal in Montana.
Lease abandonment: If a tenant breaks the lease early, Montana landlords can seek legal recourse for unpaid rent and damages, if applicable (§ 70-24-427).
Montana Month-to-Month Lease Agreement FAQs
What is a Montana month-to-month lease agreement?
A Montana month-to-month lease agreement is a flexible agreement that creates a tenancy at will and automatically renews at the end of each month. TurboTenant offers landlords a month-to-month lease agreement template that landlords can customize as needed.
What’s the difference between a Montana fixed-term lease and a month-to-month agreement?
A fixed-term lease has a set start and end date and cannot be ended until that date (unless there’s a lease violation of some kind). A Montana month-to-month lease agreement automatically renews until canceled by either party by providing written notice.
How to end a Montana month-to-month lease agreement?
The tenant or the landlord can terminate a month-to-month lease agreement by providing 30 days’ written notice.
