Most Commonly Used Montana Lease Agreements
The most commonly used Montana lease agreements are a standard residential lease agreement, a month-to-month lease agreement, a lease to own agreement, a roommate agreement, a sublease agreement, and a commercial lease agreement.
The commonly used Montana lease agreements all use the same provisions. However, some have their own features. Here are a couple of examples.
- A roommate agreement is a type of residential lease so it has all of the same lease provisions you would find in a standard residential lease agreement. However, Its special feature is that it explains which areas in the rental unit are for the exclusive use of the roommate and which areas are communelt and for the use of any occupants.
- A standard residential lease agreement may be for a year, and upon termination of that year, switch to a month to month or automatically renew. However, it may be similar to a month to month lease in some ways. For instance, both may require a 30 day written notice to move out at the end of the agreement if the tenant and landlord do not plan to renew their agreement.
How to Write a Montana Lease Agreement
Montana lease agreements must adhere to Montana landlord-tenant laws. Otherwise they are unenforceable. There are a lot of different laws that you must consider. Some of those laws you will learn about in the sections related to disclosures and security deposits.
Before you sign a Montana lease agreement, make sure that you understand the terms. You should read it carefully or have it looked at by an attorney.
A Montana lease agreement needs the following information:
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Names of the Parties - This is the landlord's full name or the property management company's legal business name, and the legal name of the tenant(s).
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Property Address - This is the street address for the rental property, including the city, zip code, and, if applicable, the lot or unit number.
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Term Information - This is the type of lease agreement the parties agree to enter into. For example, a month-to-month lease or a fixed term. A fixed-term lease means that the parties agree that the tenant will hold possession of the space for a certain amount of time, usually one year. If it is a fixed lease, this section should include the date that the lease will end.
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Rental Amount - This section includes the date that the lease will begin, the amount of the monthly rent, the day of the month that rent is due, and the address where the rent may be paid.
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Late Fee - This section documents the amount of the fee that is due if the rent is not paid by a certain date.
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Security Deposit - This is the amount of money that must be paid in advance of the tenant taking control of the property. A security deposit is used to repair damages caused by the tenant.
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Initial Payment - This is the total amount of money that the tenant must pay to move into the rental property or unit. This should include the amount of the first month's rent, the security deposit, and the total of the two numbers added together.
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Occupants - This section includes the full name of each tenant even if they are a minor or are not signing the lease. This part of a Montana residential lease agreement establishes who will reside in the residential unit. For commercial space leases, it designates those who have permission to use the space. If the presence of additional occupants changes the price of the rent, it should be included in this section.
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Utilities - This section explains which utilities or services a tenant does not pay.
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Parking - This section informs the tenant if they will receive a parking space. If a parking space is reserved and there is a designated spot, the spot should be listed in this section.
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Furnishings - This section tells tenants what they are allowed to install (such as a washing machine or dishwasher) or what they may not install. If the tenant is not allowed to bring their own appliances, that should be designated in this section.
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Notices - This section documents the names of the landlord or property manager and tenant along with their mailing address. This contact information is used if the parties need to send out a notice to the other party.
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Eviction - This informs tenants how eviction would be carried out in the event of nonpayment or breach of other lease terms.
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Additional Terms - This section lists any other terms that the parties agreed to that haven't been included in any other section of the lease agreement.
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Signature and Date - The document should be signed and dated by all parties.
Which Disclosures Belong in a Montana Lease Agreement?
The State of Montana requires several disclosures to be included in a Montana lease agreement. The first is a mold disclosure. The landlord must state in the agreement that, to the best of their knowledge, they have no knowledge of existing mold on the premises.
The next disclosure is actually a move-in checklist. Before the landlord can receive a security deposit from the tenant, the landlord and the tenant must inspect the property together for pre-existing damage.
The landlord must identify any person that has their authority to enter the rental property. The name of authorized agents must be in the lease. Additionally, Montana lease agreements must list an address where the landlord may receive notices from the tenant.
The landlord must give the tenant at least 24 hours’ notice before entering the premises.
Federal law states that a lead paint disclosure must be given to tenants when a residential property was built prior to 1978.
What You Need to Know About Montana Lease Agreement Deposits
There is no limit on how much money a landlord may request as a security deposit. However, the money must be returned to the tenant within 10 days of them vacating the property if there were no deductions made. If the landlord used some of the money to fix the property, they must return the remaining money along with an itemized statement within 30 days.
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