Montana Residential Lease Agreement

This Residential Lease Agreement (the "Lease") is made on [[Lease Execution Date]] by and between [[Landlord Full Name(s)]] ("Landlord") and [[Tenant Full Name(s)]] (jointly and severally, "Tenant"). Landlord and Tenant agree as follows.

1. Premises

Landlord leases to Tenant the residential premises located at [[Property Full Street Address]], [[City]], Montana [[ZIP Code]] (the "Premises"), together with any furnishings, parking, storage, and appurtenances described in Exhibit A (if attached). The Premises shall be used solely as a private residence for Tenant and the permitted occupants listed in Section 8. Tenant has inspected the Premises (or had the opportunity to inspect) and accepts it in its current condition except as noted on any attached Move-In Inventory and Condition Checklist.

2. Term

The initial term of this Lease is [[Lease Term, e.g. 12 months]], beginning on [[Lease Start Date]] and ending on [[Lease End Date]], unless sooner terminated or extended as provided herein. If the term begins on a day other than the first of the month, rent for the partial month shall be prorated.

Upon expiration, if Tenant remains with Landlord's written consent and no new agreement is signed, the tenancy shall convert to month-to-month on the same terms.

3. Rent

Tenant shall pay monthly rent of $[[Monthly Rent Amount]] in advance on the [[Rent Due Day, e.g. 1st]] day of each month without demand, deduction, or offset, payable to [[Landlord or Agent Name]] at [[Payment Address or Electronic Payment Instructions]] or by such other method as Landlord designates in writing.

4. Late Fees and Returned Payments

Rent is due on the date specified. A late fee of $[[Late Fee Amount or Percentage, e.g. $50 or 5%]] shall apply if rent is not received within [[Grace Period, e.g. 5]] days after the due date. Any late fee must be a reasonable estimate of actual costs. A fee of $[[NSF / Returned Payment Fee]] applies to any returned or dishonored payment.

5. Security Deposit

Upon execution of this Lease, Tenant shall pay a security deposit of $[[Security Deposit Amount]]. There is no statutory cap on security deposits for unfurnished residential units in Montana; however, a standard amount not exceeding one month's rent is common unless otherwise agreed in writing for furnished units or pets. The deposit secures Tenant's performance of all obligations under this Lease.

Permissible deductions include: unpaid rent, costs to clean the Premises to the condition at move-in (ordinary wear and tear excepted), repair of damage beyond normal wear and tear, and replacement costs for keys, remotes, or access devices not returned.

6. Security Deposit Return

Within 30 days after termination of the tenancy and delivery of possession (or within 10 days if no deductions are made), Landlord shall return the deposit or the remaining balance with an itemized written statement of any deductions, including supporting receipts or estimates where required by law (MCA § 70-25-202). If Tenant fails to provide a forwarding address, Landlord shall make a good-faith effort to locate Tenant and return the deposit. Wrongful withholding may subject Landlord to liability for actual damages and attorney fees under MCA § 70-25-206.

7. Utilities and Services

Tenant shall be responsible for payment of the following utilities and services: [[List Tenant-Paid Utilities, e.g. electricity, gas, water, sewer, trash, internet, cable]]. Landlord shall be responsible for: [[List Landlord-Paid, e.g. none or specific]]. Tenant shall place all tenant-paid utilities in Tenant's name as of the Lease Start Date and maintain service throughout the tenancy.

8. Occupants and Guests

The Premises shall be occupied only by Tenant and the following additional permitted occupants: [[List Additional Occupants or "None"]]. Any guest staying more than [[Guest Stay Limit, e.g. 14 consecutive days or 30 total in any 12-month period]] without Landlord's prior written consent may be deemed an unauthorized occupant and grounds for termination.

9. Use of Premises; Quiet Enjoyment; Compliance with Law

Tenant shall use the Premises only as a private residence, shall comply with all applicable laws, ordinances, and HOA rules, and shall not create a nuisance or disturb the quiet enjoyment of neighbors or other tenants. Tenant shall not conduct any illegal activity or business from the Premises.

10. Pets

Pets are: [[Not permitted / Permitted with written consent / Permitted subject to Pet Addendum and additional deposit or rent]]. Tenant is responsible for all damage, odors, waste, and noise caused by any animal. Assistance animals required by law are permitted with proper documentation and are not subject to pet fees.

11. Smoking

Smoking (including e-cigarettes and vaping) is: [[Prohibited inside the Premises and within 25 feet of entrances / Permitted only in designated outdoor areas / Other: [[Smoking Policy]]]]. Tenant is responsible for all damage and remediation costs caused by smoking.

12. Parking and Vehicles

Tenant is assigned: [[Number and Location of Parking Spaces or "None"]]. Only operable, registered, and insured vehicles may be parked in assigned spaces. Inoperable vehicles, unauthorized parking, or blocking access may result in towing at Tenant's expense after any notice required by law.

13. Landlord's Duty to Maintain Habitable Premises

Landlord shall maintain the Premises in a habitable condition and comply with all applicable building and housing codes (MCA § 70-24-303 and related). Landlord shall keep structural components, plumbing, electrical, heating, and supplied appliances in good working order.

14. Tenant's Maintenance Obligations

Tenant shall keep the Premises clean, sanitary, and safe; properly use all electrical, plumbing, sanitary, heating, ventilating, air-conditioning, and other facilities and appliances; dispose of all rubbish, garbage, and other waste in a clean and sanitary manner; and promptly notify Landlord of any needed repairs or unsafe conditions.

15. Repair and Deduct

If Landlord fails to make required repairs after written notice, Tenant may follow the repair-and-deduct remedy under MCA § 70-24-406 after 14 days' written notice for repairs costing up to one month's rent, subject to the statute's limitations and procedures.

16. Alterations and Improvements

Tenant shall not make alterations, additions, or improvements, paint, install fixtures or equipment, or change locks without Landlord's prior written consent. Approved improvements become Landlord's property unless otherwise agreed in writing.

17. Landlord's Right of Entry

Landlord may enter the Premises to inspect, make repairs or improvements, supply services, show to prospective tenants or purchasers, or for other reasonable purposes upon at least 24 hours' written notice to Tenant (except in case of emergency) during reasonable hours, as provided in MCA § 70-24-312.

18. Renter's Insurance

Tenant shall maintain renter's insurance with personal liability coverage of at least $[[Minimum Liability Amount, e.g. 100000]] throughout the term and provide proof upon request. Landlord's insurance does not cover Tenant's personal property or liability. Each party waives subrogation rights to the extent of insurance proceeds.

19. Assignment and Subletting

Tenant shall not assign this Lease or sublet the Premises or any part thereof without Landlord's prior written consent.

20. Default and Remedies

Tenant is in default if Tenant fails to pay rent when due, violates any term of this Lease, or abandons the Premises. Landlord may give notice as required by MCA § 70-24-422 and pursue all remedies available, including termination, possession, unpaid rent, damages, and costs. Landlord shall not engage in self-help evictions.

21. Holdover

If Tenant remains after the term without consent, Tenant shall pay holdover rent of $[[Holdover Daily or Monthly Rate]] per day or month and shall be liable for all resulting damages. With consent and no new lease, tenancy becomes month-to-month.

22. Surrender

At the end of the tenancy, Tenant shall remove all personal property, return all keys and access devices, leave the Premises clean and in move-in condition (normal wear and tear excepted), and provide a written forwarding address.

23. Notices

Notices to Tenant may be delivered to the Premises or by the methods permitted by MCA § 70-24-108. Notices to Landlord shall be sent to the address in Section 3 or as updated in writing. To terminate a month-to-month tenancy, either party shall give at least 30 days' written notice.

24. Governing Law; Severability; Entire Agreement

This Lease is governed by the laws of Montana, including the Residential Landlord and Tenant Act (MCA Title 70, Chapters 24 and 25). If any provision is invalid, the remainder remains in effect. This Lease, with exhibits and addenda, is the entire agreement.

25. Attorneys' Fees

In any action to enforce this Lease, the prevailing party may recover reasonable attorney fees and costs as permitted by law.

26. Lead-Based Paint Disclosure (Pre-1978 Housing)

If the Premises was built before 1978, federal law requires disclosure of known lead-based paint and hazards, provision of the EPA pamphlet, and opportunity for inspection. See attached Lead-Based Paint Disclosure Addendum if applicable.

27. Other Required Disclosures

• Mold: Landlord discloses known mold per MCA § 70-16-703 (see attached if applicable).

• Other: [[Any additional Montana or federal disclosures required, or "None additional"]]

28. Exhibits and Addenda

The following are attached and incorporated by reference:

• Exhibit A: Move-In / Move-Out Inventory and Condition Checklist

• Exhibit B: Rules and Regulations

• Exhibit C: Lead-Based Paint Disclosure (if pre-1978)

• Pet Addendum (if applicable)

• Other: [[Additional Addenda]]

29. Additional Provisions

[[Insert any additional provisions, house rules summary, or special terms here, or state "None"]], -

SIGNATURES

LANDLORD

[[Landlord Full Name(s)]]

By: ______________________________________________ Date: _________

Printed Name / Title: [[Landlord Signatory Name and Title]]

TENANT

[[Tenant Full Name(s)]]

Signature: ______________________________________________ Date: _________

[[Additional Tenant Full Name]]

Signature: ______________________________________________ Date: _________, -

IMPORTANT, NOT LEGAL ADVICE

This is a template lease agreement. It is not professional legal advice. Security deposit handling, entry notice, repair obligations, termination, and all other rights are governed by the Montana Residential Landlord and Tenant Act (MCA §§ 70-24-101 et seq. and 70-25-101 et seq.) and federal law. Parties should review current statutes, consult a licensed Montana attorney, and use appropriate addenda. Laws and required disclosures can change. Verify all provisions and forms against primary sources before use.