Montana Residential Lease Agreement
What Montana law requires in a residential lease — the deposit cap, the return deadline, the notice to end a month-to-month tenancy, and the disclosures you have to give the tenant. Every figure is cited to the statute it comes from and dated. The free Montana lease template is one click away.
Maintained by Rapi Stack · Every state-specific figure on this page is cited to its statute or official agency page · Dataset last verified 2026 · Not legal advice.
Other Montana rules your lease has to live with
Beyond the deposit, Montana law sets rules on entry, late fees, and repairs that apply whether or not the lease mentions them.
- Landlord entry. Montana requires at least 24 hours’ notice before a non-emergency entry. — MCA § 70-24-312 (amd. 2021) ↗
- Rent increases. Month-to-month: at least 30 days' written notice to terminate; statute does not separately address rent increases — MCA § 70-24-441 (amd. 2007) ↗
- Repair and deduct. Permitted: repairs costing not more than 1 month's rent, after notice and landlord's failure to repair within a reasonable time — MCA § 70-24-406 (amd. 1993) ↗
- Habitability. Montana law implies a warranty of habitability into every residential lease; a clause waiving it is unenforceable. — MCA § 70-24-303 (amd. 2021) ↗
Each point links to the Montana source it was taken from. Rules change; confirm before relying on them.
What Montana law requires · as of 2026
- Max security deposit
- No statutory limit
- Deposit return deadline
- 30 days after move-out
- Notice to end month-to-month
- 30 days
Source: Mont. Code §70-25-202 · verify ↗. Laws change — confirm the current rule before you rely on it.
Deposit still not back 30 days after move-out? Ask for it in writing with a Montana security deposit demand letter; if that doesn’t work, the usual next step is Montana small claims court.
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Required disclosures in Montana
What Montana law says a residential landlord has to tell the tenant, each with the statute it comes from. Federal rules and some city ordinances can add more.
Owner/manager identity and address
Written disclosure at or before tenancy start of the name and address of the manager and of the owner or agent for service of process.
Source: MCA § 70-24-301 (amd. 2009)
Mold disclosure
Statutory mold disclosure statement; landlord must disclose known mold and any prior mold testing results before or upon lease.
Source: MCA § 70-16-703 (en. 2003)
Methamphetamine/fentanyl contamination notice
Owner must notify occupants in writing if property was used as a meth/fentanyl lab or contaminated and not remediated by a certified contractor.
Source: MCA § 75-10-1305 (amd. 2025)
Frequently asked questions
How much security deposit can a landlord charge in Montana?
Montana does not set a statutory cap on the security deposit, so the amount is negotiable — but it must be returned within 30 days after you move out (as of 2026). Source: Mont. Code §70-25-202.
Is this lease valid in Montana?
A written lease that identifies the parties, the property, the term, and the rent is generally enforceable in Montana once both sides sign. What it cannot do is contract around Montana law: the deposit rules, entry notice, and habitability duties below apply whether or not the lease mentions them.
How much notice must a landlord give before entering a rental in Montana?
Montana requires at least 24 hours' notice for a non-emergency entry. Source: MCA § 70-24-312 (amd. 2021).
Can a tenant repair and deduct rent in Montana?
Permitted: repairs costing not more than 1 month's rent, after notice and landlord's failure to repair within a reasonable time Source: MCA § 70-24-406 (amd. 1993).
What does a landlord have to disclose in Montana?
Under Montana law: Owner/manager identity and address (MCA § 70-24-301 (amd. 2009)); Mold disclosure (MCA § 70-16-703 (en. 2003)); Methamphetamine/fentanyl contamination notice (MCA § 75-10-1305 (amd. 2025)). Federal and local rules can add more; each item on this page links to the law it comes from.
How does Montana compare? See the security deposit limits in all 50 states, every figure cited to statute.
How Montana compares
Computed from our 51-jurisdiction dataset (as of 2026). Source for Montana: Mont. Code §70-25-202 ↗.
- Montana is one of 22 of 51 jurisdictions that set no statutory cap on the security deposit (29 cap the deposit by statute).
- Deposit return deadline
Deposit return deadline: 30 days, exactly the national median.
This is the most common figure nationally — shared by 26 other states.
Deposit return deadline in neighboring states — Idaho (21 days), North Dakota (30 days), South Dakota (14 days), Wyoming (30 days).
- Notice to end a month-to-month tenancy
Notice to end a month-to-month tenancy: 30 days, exactly the national median.
This is the most common figure nationally — shared by 39 other states.
Notice to end a month-to-month tenancy in neighboring states — Idaho (30 days), North Dakota (30 days), South Dakota (30 days), Wyoming (no statutory rule). Every neighboring state with a rule matches Montana.
The rest of what Montana requires
The figures below are Montana's, not national averages — each one is the value we verified for this state, with the statute it comes from. Follow a row to the full Montana page for that document.
- Notice for unpaid rent · as of 2026
- 3 days to pay or quit Mont. Code Ann. §§ 70-24-422, 70-24-441 ↗
- Notice to cure a lease violation · as of 2026
- 14 days Mont. Code Ann. §§ 70-24-422, 70-24-441 ↗
- Small claims limit · as of 2026
- $7,000 Mont. Code Ann. § 25-35-502 ↗
- Where you file · as of 2026
- Small Claims Court (a division of Justice Court; some district courts also operate a small claims division) · filing fee $30 filing fee plus sheriff/process-server service costs; defendant pays $20 to contest or counterclaim (courts.mt.gov official Small Claims instructions) Mont. Code Ann. § 25-35-502 ↗
- Rental application fee · as of July 2026
- No statutory limit Montana Code ↗
- Bill of sale notarization · as of 2026
- Not required Montana MVD (Form MV24) ↗
- Power of attorney signing · as of 2026
- Notarization recommended Mont. Code §72-31-305 (form §72-31-353) ↗
- LLC operating agreement · as of 2026
- Not required by statute, but it controls over the default rules Mont. Code Ann. § 35-8-102(23) (definition); § 35-8-109 (effect of operating agreement) ↗
- Recording a deed · as of 2026
- County Clerk and Recorder · no witnesses MCA 70-20-101 ↗
Lease agreement in other states
More Montana legal forms
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