Montana residential lease agreement

A property manager of four or more dwelling units who collects an application fee must refund it within a reasonable time if the applicant does not enter a signed rental agreement or an agreement given the same effect by law. Only the permitted costs may be deducted.

MCA 37-56-109 MCA 70-24-204

• At collection, give written notice allocating the fee among specific service costs. Retain only disclosed costs for services actually performed before approval or rejection; these are out-of-pocket expenses, excluding the manager's own time or effort. Refund the rest. MCA 37-56-109(2), (4)
• The manager bears the burden of proving the services. Wrongfully withheld or deducted fees can be recovered in a civil action, with attorney fees at the court's discretion. Keep the allocation, service invoices and refund calculation together. MCA 37-56-109(3)
• A deposit that an agreement requires a prospective tenant to give and keep in place for part or all of the lease term is presumed to be a security deposit, so the deposit return rules apply to it. MCA 70-25-101(4) See Returning the deposit on the Montana page
• If you accept rent or a deposit from a person who intends to occupy the home, you are considered to have consented to their possession and to have created a landlord-tenant relationship. MCA 70-24-302(2)

Montana's Human Rights Act makes it unlawful to refuse to rent, set different terms, or make discriminatory inquiries, statements or ads because of sex, marital status, race, creed, religion, color, age, familial status, physical or mental disability or national origin.

MCA 49-2-305(1) MCA 49-2-305(3)

• Disability discrimination includes refusing reasonable modifications at the tenant's expense (you may require the interior to be restored where reasonable) and refusing reasonable accommodations in rules, policies, practices or services. MCA 49-2-305(4) MCA 49-2-305(5)
• Renting no more than three sleeping rooms in a single-family home where the owner lives is excluded from the refusal, terms, inquiry and other rules of subsection (1), but not from the disability rules or the bar on coercion and interference; federal advertising law is not covered here. MCA 49-2-305(2) MCA 49-2-305(4) MCA 49-2-305(9)
• The age and familial status rules do not apply to qualifying housing for older persons. A dwelling for no more than two families where the owner lives in one unit is exempt only from the age and familial status refusal and terms rules. MCA 49-2-305(10) MCA 49-2-305(11)
• Familial status means having a child or children who live or will live with the person, including distinctions based on a child's age. MCA 49-2-305(12)
• It is unlawful to coerce, threaten or interfere with anyone exercising these rights. MCA 49-2-305(9)
• Montana sets specific rules for emotional support animal documentation. MCA 70-24-114 See Emotional support animals on the Montana page

Before a lease is agreed, tell the tenant in writing if you know the home was used as a methamphetamine or fentanyl lab, or was contaminated by use of those drugs, and has not been cleaned up to state standards by a certified contractor. If you know the building has mold, or has been tested for mold, disclose that at or before signing.

MCA 75-10-1305 MCA 70-16-703(2)

• The drug lab notice must be given before the lease is agreed. If a certified contractor documented the cleanup, you may tell the tenant that instead. MCA 75-10-1305(1) MCA 75-10-1305(2) MCA 75-10-1305(3)
• If you know the building was tested for mold, give the tenant a copy of the results if you have them and evidence of any later mitigation or treatment. MCA 70-16-703(2)
• Montana provides an optional mold disclosure statement for the tenant to sign; a landlord who gives it and complies with the testing and known mold disclosure duties is not liable in an action based on mold in the building. MCA 70-16-703(1) MCA 70-16-703(3)
• Disclose in writing who manages the home and who receives notices for the owner. MCA 70-24-301 See Owner and manager disclosure on the Montana page
• If you require a deposit, give a signed move-in condition statement. MCA 70-25-206 See Move-in condition statement on the Montana page
• Any rules for the property must be in writing and given to each tenant, and a later rule that substantially changes the deal takes effect only after 30 days' written notice for a month-to-month tenancy (7 days for week to week). MCA 70-24-311(2) MCA 70-24-311(3)
• A lease or rule may not stop a tenant or a tenant's guest from possessing on the premises a firearm they may legally possess, but you may prohibit discharging a firearm there except in self-defense. MCA 70-24-110

No section of the Montana Residential Landlord and Tenant Act or the security deposit chapter requires you to disclose a flood zone or flood history to a tenant.

MCA Title 70, chapter 24 MCA 70-25-101 to 70-25-206

• Known mold and known drug lab contamination do require disclosure. MCA 70-16-703(2) MCA 75-10-1305 See Required disclosures on the Montana page

At or before the start of the tenancy, tell the tenant in writing the name and address of the person authorized to manage the home and of the owner, or a person authorized to act for the owner to accept service of process and receive notices and demands.

MCA 70-24-301(1)

• Keep the information current and in writing; the duty binds any later landlord, owner or manager. MCA 70-24-301(2)
• A person who fails to disclose becomes the landlord's agent for receiving service and notices and for performing the landlord's duties, including spending rent collected for that purpose. MCA 70-24-301(3)

Montana does not cap the amount of a security deposit. A security deposit is money or its equivalent given to secure the rent or payment for damage and cleaning, and any fee or charge for cleaning and damages is presumed to be a security deposit, whatever you call it.

MCA 70-25-101 to 70-25-206

• If the lease or a side agreement requires the tenant to give you a deposit and keep it in place for part or all of the term, the deposit is presumed to be a security deposit. MCA 70-25-101(4)
• A lease term that conflicts with the security deposit chapter is invalid, and a tenant cannot waive the chapter. MCA 70-25-103
• The chapter covers rentals of dwellings under the Residential Landlord and Tenant Act and mobile home lots under Title 70, chapter 33. MCA 70-25-102

Within 30 days after the tenancy ends, or after the tenant surrenders the home and you accept it, whichever comes first, give the tenant a written list of any rent due and any damage and cleaning charges, together with a refund of the balance. If there is no damage, no cleaning is needed, no rent is unpaid and the tenant can show no utilities are unpaid, return the whole deposit within 10 days.

MCA 70-25-202

• You may deduct only damage the tenant caused, unpaid rent, late charges, utilities, penalties due under the lease, other money owed to you at the time, and actual cleaning expenses, including a reasonable charge for your own labor. MCA 70-25-201(1) MCA 70-25-201(4)
• Before deducting for cleaning, give the tenant written notice of the cleaning not done and what is needed; the tenant then has 24 hours to do it. Notice by certified mail counts as served 3 days after mailing. No notice is needed if the tenant moved out without telling you, and the 24 hours do not apply when the lease was already terminated through a possession case and your claim is pending in court. MCA 70-25-201(3)
• You may not charge cleaning for normal cyclical maintenance you noted at move-in, unless the tenant's negligence forced you to do it. MCA 70-25-201(3)(a)
• Either side may ask for an inspection within 1 week before the tenancy ends. MCA 70-25-201(2)
• Pay the refund by electronic transfer, cash, check or another form, or mail it to the tenant's new address, or to the last-known address if no new one was given. The list must be delivered by one of the notice methods in the Act. MCA 70-25-202(1)(a)(ii) MCA 70-24-108
• A landlord who does not give the written list forfeits the right to keep any part of the deposit for damage or cleaning. MCA 70-25-203
• If you wrongfully keep any part of a deposit, you owe the tenant the amount wrongly withheld, the court may award attorney fees to the winner, and you carry the burden of proving damage. The tenant may not sue until you send a written denial or the 30-day (or 10-day) period has run. MCA 70-25-204
• A tenant who gives no new address still recovers what is owed. Mailing the refund to the last-known address is not wrongful withholding if it never arrives, but you remain liable for the amount. MCA 70-25-205 MCA 70-25-202(1)(c)
• These deadlines do not apply when the lease was terminated through a possession case and you have a claim pending in court. MCA 70-25-202(2) See Eviction process on the Montana page

Montana's security deposit chapter does not require you to keep deposits in a separate or trust account and does not require you to pay the tenant interest on them.

MCA 70-25-101 to 70-25-206

• The chapter controls what you may deduct and when the balance is due, not where the money is kept. MCA 70-25-201 MCA 70-25-202 See Returning the deposit on the Montana page

If you require a security deposit, you must give each tenant, when the lease is signed or the tenancy is created, a separate written statement of the home's present condition, signed by you or your agent.

MCA 70-25-206

• The statement must clearly describe the condition you know of, or should have known of after a reasonable inspection, and must say so if the home has never been rented before. MCA 70-25-206(2)
• If the tenant asks in writing, give them a copy of the list of damage and cleaning charges you gave the previous tenant. MCA 70-25-206(1)
• Without the statement, or the previous tenant's list when requested, you cannot recover anything for damage or cleaning unless you prove by clear and convincing evidence that the damage happened during this tenancy and was caused by the tenant or the tenant's family, licensees or invitees. MCA 70-25-206(3)

Montana sets no cap on late fees and no grace period before one applies. The Act counts late fees and other charges agreed in the lease as rent, so the amount and timing are what your lease states.

MCA 70-24-103(14)

• Unless the lease says otherwise, rent is payable at your address or by electronic transfer to an account you designate, at the start of each term of a month or less, and otherwise in equal monthly payments at the start of each month. MCA 70-24-201(2)
• Rent is due at the agreed time and place without any demand or notice from you. MCA 70-24-201(3)
• You may not charge an extra fee based on how rent is paid, except to recoup an electronic bank fee you incur for an electronic payment. MCA 70-24-201(4)
• A court may refuse to enforce a lease term it finds unconscionable. MCA 70-24-404
• A lease may not waive the tenant's rights or remedies under the Act, authorize a confession of judgment, or limit your liability for your own purposeful misconduct or negligence; such a term is unenforceable, and knowingly using a lease that contains one lets the tenant recover actual damages plus up to 3 months' periodic rent. MCA 70-24-202 MCA 70-24-403(2)

If a tenant's check or electronic payment is dishonored for lack of funds or credit, or because the tenant has no account, the tenant owes you a service charge of no more than $30. You must demand it in writing and mail the demand.

MCA 27-1-717(1) MCA 27-1-717(2)

• Mail the demand to the address on the check or the tenant's last-known address, stating that the tenant must pay the amount of the payment plus the service charge, and naming the charge. MCA 27-1-717(2)
• If the tenant does not pay, you may sue, at least 10 days after the written demand, for the service charge plus the greater of $100 or three times the payment, but no more than $500 above the payment's value. MCA 27-1-717(3) MCA 27-1-717(4)
• Separately, the Act bars any fee based on the way rent is paid, except to recoup an electronic bank fee you incur. MCA 70-24-201(4) See Rent and late fees on the Montana page

The Residential Landlord and Tenant Act does not set a rent-increase notice period. A separate provision, MCA 70-26-109, describes changing month-to-month lease terms by written notice at least 15 days before the month expires, effective at month-end. Check the actual lease and which provisions govern before selecting a deadline; ending a monthly tenancy under the residential Act has a separate 30-day notice rule.

MCA Title 70, chapter 24 MCA 70-26-109 MCA 70-24-441(2)

• You may not raise the rent to retaliate against a tenant for a protected complaint or for joining a tenants' union. MCA 70-24-431 See Retaliation on the Montana page
• Either side may end a month-to-month tenancy with at least 30 days' written notice. MCA 70-24-441(2) See Ending a month-to-month tenancy on the Montana page
• Under 70-26-109, the served notice establishes the specified terms, rent and conditions if the tenant continues to hold the premises after the month expires. Keep the notice, service evidence and proposed effective date together. Do not use this month-to-month provision to rewrite every fixed-term lease. Its relationship to the residential Act, including the Act's exclusive-statewide-standard language, was not resolved through a new court-law review here. MCA 70-26-109
• For notices governed by 70-24-108, email must go to an address provided in the rental agreement. Email notice is complete on an email-system read receipt or a reply other than an automatically generated reply. The section also recognizes hand delivery and mail with a certificate of mailing or certified mail to the designated or last-known address; that mail service is considered made three days after mailing. A portal upload alone is not one of these stated completion events. Match the actual method and evidence to the provision governing your notice. MCA 70-24-108

Except in an emergency or when it is impracticable, give the tenant at least 24 hours' notice of your intent to enter, and enter only at reasonable times. In an emergency you may enter without the tenant's consent.

MCA 70-24-312(2) MCA 70-24-312(3)

• The tenant may not unreasonably refuse entry to inspect, make necessary or agreed repairs, alterations or improvements, supply services, or show the home to buyers, lenders, tenants, workers or contractors. MCA 70-24-312(1)
• Posting your notice conspicuously on the main entry door counts as notice, in addition to the general notice methods. MCA 70-24-312(3)(b) MCA 70-24-108
• You may not abuse the right of access or use it to harass the tenant. MCA 70-24-312(3)(a)
• Otherwise you may enter only under a court order, during a tenant absence of more than 7 days, to make repairs the tenant failed to make after notice, or after the tenant has abandoned or surrendered the home. MCA 70-24-312(4) MCA 70-24-426(2) MCA 70-24-425
• If the tenant refuses lawful access, you may give a 24-hour notice to correct or seek a court order, and recover actual damages; if the 24-hour notice is not followed, you may give a 3-day notice terminating the lease. MCA 70-24-424(1)
• For an unlawful entry, a lawful entry made unreasonably, or repeated harassing demands, the tenant may get a court order or terminate the lease, and recover actual damages. MCA 70-24-410

You must keep the home fit and habitable, keep common areas clean and safe, keep the electrical, plumbing, heating and other systems and appliances you supply in good working order, provide trash receptacles and removal unless the lease says otherwise, and supply running water, reasonable hot water at all times and reasonable heat from October 1 to May 1.

MCA 70-24-303(1)

• For units completed after July 1, 1977, you must also meet the building and housing codes materially affecting health and safety that were in effect when the unit was built, and that duty controls where it is greater. MCA 70-24-303(1)(a) MCA 70-24-303(2)
• The heat and hot water duty does not apply where the building is not required by law to have them or the unit's own equipment, under the tenant's exclusive control, produces them. MCA 70-24-303(1)(f)
• The tenant may agree in writing, in good faith, to handle trash, heat and hot water and specified repairs. Other repairs or remodeling need a separate signed writing with adequate consideration, cannot cure a code violation, and cannot reduce your duties to other tenants. MCA 70-24-303(3) MCA 70-24-303(4)
• The tenant must keep the unit clean and safe, dispose of waste properly, use systems and appliances reasonably, not disturb neighbors, and not damage the premises. MCA 70-24-321
• If the tenant's breach affecting health and safety can be fixed by repair or cleaning and is not fixed within 14 days after your written notice (or promptly in an emergency), you may do the work and bill the reasonable cost as rent on the next rent date. MCA 70-24-425

For a breach affecting health and safety, the tenant may give written notice that the lease will end on a date at least 30 days after you receive it unless you fix the problem within 14 days, or, after notice and a reasonable time, may make repairs costing no more than one month's rent and deduct the cost from rent.

MCA 70-24-406(1)

• In an emergency, the tenant may terminate if you do not fix it within 3 working days after written notice of the problem and of the tenant's intent to terminate. Emergency repairs by the tenant must be made by a qualified person. MCA 70-24-406(1)
• If the same breach recurs within 6 months, the tenant may terminate on at least 14 days' written notice. The tenant cannot terminate for a condition the tenant or the tenant's household or guests caused. MCA 70-24-406(1)(a)(ii) MCA 70-24-406(1)(a)(iii)
• The tenant may also recover actual damages and get a court order for any breach of the lease or your repair duties. MCA 70-24-406(2)
• If you purposefully or negligently fail to supply heat, water, hot water, electricity, gas or another essential service, the tenant may, after written notice and a reasonable chance to correct it, buy the service and deduct the cost, recover the reduced rental value, or move to substitute housing and owe no rent for that period. MCA 70-24-408
• If fire or casualty substantially impairs the home, the tenant may move out and give written notice within 14 days to end the lease, or, if staying is lawful, vacate the unusable part and pay reduced rent, unless the tenant's side caused the damage. MCA 70-24-409

The Montana Act sets no rekeying or lock-change duty for landlords. A tenant may not remove, replace or add a lock you did not supply without your written permission, and must give you a key to any lock the tenant adds.

MCA 70-24-312(5)

• If the tenant changes or adds a lock without giving you a key, you may give a 24-hour notice to correct or seek a court order, and then a 3-day notice to terminate. MCA 70-24-424(2)

Install an approved smoke detector and an approved carbon monoxide detector in each unit under your control, and verify both are in good working order when the lease begins. The tenant then keeps them in good working order.

MCA 70-24-303(1)(g)

• An approved detector bears a label from an approved testing agency; the carbon monoxide detector follows Department of Labor and Industry rules and the smoke detector Department of Justice rules. MCA 70-24-303(1)(g)
• You are not liable for damages caused by the failure of a required detector. MCA 70-24-303(5)

You may not raise the rent, cut services, or sue or threaten to sue for possession because the tenant complained to a code agency about a health and safety violation, complained to you in writing about a repair duty, or organized or joined a tenants' union.

MCA 70-24-431(1)

• A tenant facing retaliation has the lockout remedies (possession or termination plus up to 3 months' rent or treble damages) and a defense to your possession case. MCA 70-24-431(2) MCA 70-24-411
• A complaint within 6 months before your action creates a rebuttable presumption of retaliation, but not if the tenant complained after notice of a rent increase or service cut. MCA 70-24-431(3)
• You may still sue for possession if the tenant's side caused the code violation, the tenant is behind on rent, or compliance requires work that would deprive the tenant of the unit. MCA 70-24-431(4)

Except after abandonment or surrender, or as the Act permits, you may not take back the home yourself, including by interrupting heat, water, hot water, electricity, gas or other essential services.

MCA 70-24-428

• If you unlawfully remove or exclude the tenant or purposefully cut essential services, the tenant may recover possession or end the lease, and in either case recover up to 3 months' periodic rent or treble damages, whichever is greater, plus the deposit and prepaid rent if the lease ends. MCA 70-24-411
• A person who cannot show authorization to be there, such as a written rental agreement or permission from you or from a tenant they are visiting, is a trespasser that law enforcement may remove. MCA 70-24-113

Either you or the tenant may end a month-to-month tenancy at any time by written notice given at least 30 days before the termination date named in the notice. A week-to-week tenancy needs at least 7 days' written notice.

MCA 70-24-441(1) MCA 70-24-441(2)

• The tenancy ends on the date named, whether or not that is the end of a rent period; unless agreed otherwise, rent is apportioned day by day. MCA 70-24-441(3)
• If the lease sets no default extension and neither side gives 30 days' written notice before the original end date, the tenancy continues month to month. MCA 70-24-205
• If a month-to-month tenant stays after a lawful 30-day notice, you may recover up to 3 months' periodic rent or treble damages, whichever is greater. MCA 70-24-429(3)
• Mailed notice counts as served 3 days after mailing, so allow for that when you count the 30 days. MCA 70-24-441(2) MCA 70-24-108(1)(d)

Unless your lease provides otherwise, a party who ends the lease early without cause owes the other side damages of up to one month's rent, or an amount set in the lease that may not exceed one month's rent. The same subsection says landlords must follow the re-renting rule for abandoned units and are entitled to rent from a defaulting tenant until a new tenancy starts or the lease term ends.

MCA 70-24-201(2)(f)

• If the tenant abandons the home, you must make reasonable efforts to re-rent it at a fair rent. The lease ends when a new tenancy begins; if you do not try to re-rent, or you accept the abandonment as a surrender, it ends when you learn of the abandonment. MCA 70-24-426(3)
• Treble damages may not be recovered for a tenant's early termination. MCA 70-24-422(6)
• The Act gives no early termination right for domestic violence. A notice of no contact between landlord and tenant is valid only under a court's no-contact order or order of protection, except as another statute provides. MCA 70-24-111
• A tenant may end the lease for fire or casualty damage, an uncured health and safety breach, or an unlawful entry or lockout. MCA 70-24-409 MCA 70-24-406 MCA 70-24-410 MCA 70-24-411 See Tenant repair remedies on the Montana page

If rent is unpaid when due, give the tenant written notice of the nonpayment and of your intention to terminate the lease if the rent is not paid within 3 days. If the tenant does not pay within those 3 days, you may terminate and the tenant must move out.

MCA 70-24-422(2)

• Deliver notices by hand, or by mail with a certificate of mailing or by certified mail; mailed notice counts as served 3 days after mailing. MCA 70-24-108(1)(d)
• Email works only to an address the tenant gave in the rental agreement, and it is complete when you get a read receipt or a reply that is not automatic. You may not require a tenant to provide an email address. MCA 70-24-108(1)(c) MCA 70-24-202(4)
• Accepting full payment of the rent due waives the nonpayment breach. Accepting a partial payment waives nothing, including the rest of the rent. MCA 70-24-423
• Late fees and other charges agreed in the lease count as rent under the Act. MCA 70-24-103(14) See Rent and late fees on the Montana page

For most other breaches of the lease or of the tenant's duties, give written notice describing the breach and stating that the lease will end and the tenant must move out on a date at least 14 days after the tenant receives it. If the breach can be fixed and the tenant fixes it before that date, the lease does not end.

MCA 70-24-422(1)

• The notice period is 3 days for an unauthorized pet, an unauthorized person living in the unit, or verbal abuse of you; for verbal abuse, the lease does not end if the tenant adequately remedies it. MCA 70-24-422(1)(b) MCA 70-24-422(1)(c) MCA 70-24-422(1)(f)
• If substantially the same breach recurs within 6 months after a notice, you may terminate on at least 5 days' written notice. MCA 70-24-422(1)(e)
• You may terminate on 3 days' written notice if the tenant damages or removes part of the premises, or creates a reasonable risk of damage or of injury to neighbors, such as drug manufacturing, a clandestine lab, gang activity or unlawful weapons or hazardous substances. MCA 70-24-422(3) MCA 70-24-422(4) MCA 70-24-321(3)
• If the tenant refuses lawful access, or changes or adds a lock without giving you a key, you may give a 24-hour notice to correct and then a 3-day notice to terminate. MCA 70-24-424
• You may recover actual damages, and treble damages for a purposeful breach, but not treble damages for a tenant ending the tenancy early. MCA 70-24-422(5) MCA 70-24-422(6)
• Accepting rent does not waive a breach other than nonpayment. You may instead use the 30-day notice for a month-to-month tenancy. MCA 70-24-423 MCA 70-24-422(7) See Ending a month-to-month tenancy on the Montana page

After the lease is terminated, you may sue for possession, rent and actual damages. The court must hear the possession case within 10 business days after the tenant's appearance or answer date (5 business days when the lease ended for creating a risk of damage or injury), and rule within 5 days after the hearing.

MCA 70-24-427

• A possession case follows the Montana Justice and City Court Rules of Civil Procedure, except that the tenant has 5 business days after service, not counting the day of service, to answer. MCA 70-24-429(4)
• If you win possession, the court issues a writ of possession and a writ of assistance immediately, and the sheriff must carry it out within 5 business days after receiving it, or at a time you agree with the sheriff. MCA 70-24-427(4)
• A hearing on damages must be held within 45 days after possession and rent are decided. On appeal, the district court must hear the case within 10 business days (5 in risk cases) after it is transmitted. MCA 70-24-427(2)
• If a tenant under a term longer than month to month purposefully and in bad faith stays after a termination for cause, you may recover up to 3 months' periodic rent or treble damages, whichever is greater. MCA 70-24-429(2)
• The court may award reasonable attorney fees and costs to the party who wins final judgment, whatever the lease says. MCA 70-24-442
• The general unlawful detainer chapter does not apply to tenancies under the Act, except for forcible entry and forcible detainer. MCA 70-27-101(1)
• In a possession case for unpaid rent, the tenant may counterclaim for any amount owed under the lease or the Act, the court may order the tenant to pay accrued rent into court, and if no rent remains due after the counterclaim, judgment is entered for the tenant. MCA 70-24-421(1)
• The Montana Courts landlord-tenant page offers an Action for Possession packet for landlords, an answering packet for tenants, and a Writ of Assistance form. Start with the packet for your role and the actual case; check the filing court’s current instructions rather than combining forms or deadlines from different procedures. Keep the lease, notice, delivery records, payment ledger, relevant photos and messages together, and follow the summons and any court order for response and appearance requirements. A proposed agreement or payment conversation does not by itself show that a pending case has ended. Montana Courts: landlord-tenant forms and guides

If the tenancy ended by court order, property left behind is considered abandoned and you may dispose of it as the law allows. Otherwise, once you have clear and convincing evidence the tenant abandoned it and at least 48 hours have passed, you may remove it and immediately dispose of hazardous, perishable or valueless items, but valueless never includes personal photos, jewelry or other small irreplaceable items.

MCA 70-24-430(1)

• Inventory and safely store anything you reasonably believe is valuable; you may charge reasonable storage, labor and moving costs. MCA 70-24-430(2)
• Then mail the tenant a notice, with a certificate of mailing or by certified mail to the last-known address, that the property will be disposed of at a stated time at least 10 days after mailing. MCA 70-24-430(3)
• If the tenant answers in writing by that day but does not remove the property within 7 days after delivering the answer, it is conclusively abandoned. The tenant must pay the allowed storage costs before taking it. MCA 70-24-430(5)
• You may then sell it at a public or private sale conducted under MCA 30-9A-610 or the sheriff's sale provisions of Title 25, chapter 13, part 7, or, if storage or sale would cost more than it is worth, dispose of it. From sale proceeds deduct costs and money owed, send the rest to the tenant with an accounting, or deposit it with the county treasurer if the tenant cannot be found. MCA 70-24-430(4) MCA 70-24-430(7) MCA 70-24-430(8)
• Items labeled rent to own or leased may be discarded only after the lessor confirms there is no lien, if the lessor is easy to identify and you try to reach them. MCA 70-24-430(1)(c)
• You must give the tenant the terms of this section in plain language as a notification when the lease ends. MCA 70-24-430(9)

Montana small claims court hears claims for money or personal property up to $7,000, not counting costs, when the defendant can be served in the county where you file.

MCA 25-35-502

• No party may use a lawyer unless all parties have one. Individuals represent themselves, a corporation may appear through a director, officer or employee, and a limited liability company through a member with a majority interest, except as MCA 35-8-301 provides. Apart from claims under MCA 27-1-718, a party may file no more than 10 small claims in a calendar year. MCA 25-35-505
• The defendant may move the case to justice court by filing a notice within 10 days after being served. MCA 25-35-605
• A counterclaim or setoff in small claims court may not exceed $6,500. MCA 25-35-606(2)
• Justice court hears contract claims for money up to $15,000, not counting costs and attorney fees. MCA 3-10-301(1)(a)
• A tenant may not sue over a deposit until you send a written denial or the 30-day (or 10-day) return period has passed. MCA 70-25-204(2) See Returning the deposit on the Montana page

A tenant with a disability-related need may ask to keep an emotional support animal as a reasonable accommodation. Unless federal law prohibits it, when the need is not readily apparent you may ask for supporting information: information from a health care practitioner, meaning a mental health professional licensed in Montana who has had a client-provider relationship with the tenant for at least 30 days, has completed a clinical evaluation of the need and has personal knowledge of the disability, or other information you find reliable under fair housing law.

MCA 70-24-114 MCA 70-24-114(10)(b)

• Practitioner information must identify the support the specific animal provides and include the practitioner's license number, license type and an effective date; you may also accept other information you find reliable under fair housing law. MCA 70-24-114(2)(b)
• You may deny a request if the animal poses a direct threat to others' health or safety, or of physical damage, that another accommodation cannot reduce, and you may require proof of licensing and vaccinations. MCA 70-24-114(2)(a) MCA 70-24-114(2)(c)
• You may not ask for a diagnosis, its severity or medical records, and you must give a written decision after receiving the information. MCA 70-24-114(4)
• An online registration, certificate, ID card or patch is not enough on its own to establish the need. MCA 70-24-114(5)
• The tenant is liable for any damage the animal does to the premises or to another person there. MCA 70-24-114(6)

No section of the Act limits rent amounts, and a local government with self-government powers may not control the amount of rent charged for private residential property (other than property it has an interest in, including through a housing authority), license landlords, regulate their dealings with tenants beyond Title 70, chapters 24, 25 and 33, or add to the Act's exclusive application. The Act also states that one of its purposes is an exclusive statewide standard for landlord and tenant law. Local building codes were not read for this page.

MCA 70-24-102(2)(c) MCA 7-1-111(13) MCA 7-1-111(26)

• Local building, housing and fire codes can still matter: your repair duty includes meeting the codes materially affecting health and safety. MCA 70-24-303(1)(a) See Repairs and habitability on the Montana page