Elk, elk, elk… yep, Montana is the largest habitat of Elks. Montana is also referred to as the treasure state because it is rich in gold, silver and the like. And for you landlords out there, Montana proves a relatively landlord-friendly state. While it is always important to keep your eyes on law changes, Montana is more relaxed in its landlord-tenant statutes in comparison to other states.
At a Glance:
Security Deposit Limit: There are no stated regulations regarding on a maximum limit for a security deposit.
Late Fee Limit: Montana has no specified limitations for how much a landlord may charge when tenant is late on the rent. It is wise that a landlord keep it reasonably related to expenses that are incurred as a result of the late rent.
Late Fee Chargeable After: Montana law is silent on this issue.
Returned Payment Fee Limit: No greater than $30 may be charged.
Notice to End Lease: 30 days for open-ended month-to-month rental agreements.
Although there are no limitations on how much a landlord may take for a security deposit, there are specifics regarding its return to the tenant at the end of the lease. If there are no deductions for unpaid rent or damages, the full amount must be returned before the end of ten days after move-out or inspection. If there are any deductions made, landlord must return the balance thereof, as applicable, along with a statement of deductions within thirty days.
When a tenant moves and leaves personal property behind, the landlord must ascertain what is valuable and keep it in a safe place. Montana statute 70-24-430 goes into great detail in the handling of such items. For instance, a notification must be sent to the tenant to retrieve the items before the landlord may dispose of them.
Rental Property Registration
Statewide: There are no current requirements in place for state registration.
Local: Make sure and check with your locality. Currently, there are several locations that do require short-term rental units to be registered.
Landlord Right of Entry
Unless there is an emergency, a landlord must give a tenant at least 24 hours’ notice of before entering the rental unit. And entrance may only be made during reasonable times. A Landlord may only enter for valid reasons such as repairs, maintenance, inspection or modifications to the property.
In summary, even though Montana is more relaxed than other states in its regulations, it is important to use a strong, landlord-protective lease. And, Spark Rental just so happens to have one of the best Montana state-specific leases available!
When the tenant fails the pay the rent on time, notice providing the tenant 3 days to pay the rent is sent. If the tenant fails to pay the full amount due, the landlord may then file in court for eviction at the end of the 3 days.
If the tenant causes excessive property damage OR has unauthorized people or pets in the leased premises, the landlord would then provide a 3-Day Notice to Cure. This provides the offending tenant
3 days to fix the issue. If the tenant ignores the notice and fails to fix the issue, the landlord may then file in court for eviction at the end of the 3 days.
For any other violation, the landlord would provide the tenant a 14-Day Notice to Cure (or comply). And if the tenant ignores the notice, the landlord may then file in court for eviction at the end of 14 days.
Illegal activity: When a tenant or any of the tenant’s guests are involved in illegal activity, the landlord will only need to provide that tenant with a notice of 3 Days before filing in court for eviction. There is no need for cure in this situation.
Questions? Ask a Montana Attorney!
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