RESIDENTIAL LEASE AGREEMENT

(Montana – Governed by the Montana Residential Landlord & Tenant Act, Mont. Code Ann. Title 70, Chs. 24–25)

[// GUIDANCE: This template is drafted for use with residential real property located in Montana. It is intentionally comprehensive and uses placeholders so counsel may tailor to the facts of a specific tenancy. Montana has no statutory cap on the amount of a security deposit, but strict timing and accounting rules apply under Title 70, Chapter 25 MCA. Cross-check all square-bracketed items before execution.]

TABLE OF CONTENTS

1. Document Header
2. Definitions
3. Operative Provisions
   3.1 Lease of Premises
   3.2 Term
   3.3 Rent; Additional Charges
   3.4 Security Deposit
   3.5 Utilities & Services
   3.6 Use & Occupancy
4. Representations & Warranties
5. Covenants & Restrictions
6. Default & Remedies
7. Risk Allocation
8. Dispute Resolution
9. General Provisions
10. Execution Block

1. DOCUMENT HEADER

1.1 Parties. This Residential Lease Agreement (“Agreement”) is made and entered into as of [EFFECTIVE DATE] (the “Effective Date”) by and between:

(a) Landlord: [LANDLORD LEGAL NAME], a [TYPE OF ENTITY / INDIVIDUAL], whose mailing address is [LANDLORD ADDRESS] (“Landlord”); and

(b) Tenant: [TENANT LEGAL NAME], a [TYPE OF ENTITY / INDIVIDUAL], whose mailing address is [TENANT ADDRESS] (“Tenant”).

1.2 Recitals.
A. Landlord is the fee owner of the real property and improvements commonly known as [PROPERTY ADDRESS], together with the appurtenant fixtures and common areas (collectively, the “Premises”).
B. Landlord desires to lease the Premises to Tenant, and Tenant desires to lease the Premises from Landlord, on the terms and conditions set forth herein, for residential purposes only and not for transient or commercial use.
C. This Agreement is intended to comply with, and be interpreted in accordance with, the Montana Residential Landlord and Tenant Act, Mont. Code Ann. Title 70, Chapter 24, and the Montana Residential Tenants’ Security Deposits Act, Mont. Code Ann. Title 70, Chapter 25 (collectively, the “Act”).

NOW, THEREFORE, in consideration of the mutual covenants herein and other good and valuable consideration, the receipt and sufficiency of which are acknowledged, the parties agree as follows.

2. DEFINITIONS

Capitalized terms have the meanings set forth below or elsewhere in this Agreement. Defined terms apply uniformly throughout the document.

“Act” – as defined in Recital C.
“Additional Rent” – any monetary obligation other than Base Rent required of Tenant under this Agreement.
“Base Rent” – the monthly rent set forth in Section 3.3(a).
“Business Day” – any day other than Saturday, Sunday, or a federal or Montana state holiday.
“Commencement Date” – the date defined in Section 3.2(a).
“Inspection Report” – the move-in/move-out condition report described in Section 3.4(e).
“Lease Term” – the period beginning on the Commencement Date and ending on the Expiration Date, unless sooner terminated in accordance with this Agreement.
“Premises” – as defined in Recital A.
“Rules and Regulations” – Landlord’s rules attached hereto as Exhibit B, as reasonably modified from time to time in accordance with Section 5.1(c).
“Security Deposit” – the deposit described in Section 3.4.

[// GUIDANCE: Add or delete defined terms as needed. Keep alphabetical order.]

3. OPERATIVE PROVISIONS

3.1 Lease of Premises.

Landlord hereby leases the Premises to Tenant, and Tenant hereby leases the Premises from Landlord, upon the terms set forth herein. Landlord will provide Tenant with exclusive possession of the Premises and non-exclusive use of applicable common areas.

3.2 Term.

(a) Commencement & Expiration. The tenancy shall commence on [COMMENCEMENT DATE] (“Commencement Date”) and shall terminate at 11:59 p.m. local time on [EXPIRATION DATE] (“Expiration Date”), unless earlier terminated pursuant to this Agreement or the Act.
(b) Holding Over. Any holdover without Landlord’s written consent shall be a tenancy at sufferance, subject to a per-diem rent equal to 150% of the last monthly Base Rent, plus any consequential damages permitted under the Act.

3.3 Rent; Additional Charges.

(a) Base Rent. Tenant shall pay to Landlord Base Rent of $[MONTHLY RENT AMOUNT] per calendar month, due in advance on or before the first (1st) day of each month, without set-off or deduction, at [PAYMENT ADDRESS] or via [ELECTRONIC PAYMENT METHOD].
(b) Late Charge. If any Base Rent or Additional Rent remains unpaid after 5:00 p.m. on the [GRACE-PERIOD] day following the due date, Tenant shall pay a late fee equal to [LATE FEE AMOUNT OR %], not to exceed limits, if any, under the Act.
(c) Returned Payment. Any check or electronic transfer returned for insufficient funds shall incur a $[NSF FEE] service charge, plus statutory bank charges.
(d) Additional Rent. Tenant shall pay as Additional Rent all sums designated “Additional Rent” herein, which shall be due when invoiced and recoverable as rent for purposes of the Act.

3.4 Security Deposit.

(a) Amount. On execution of this Agreement, Tenant shall deposit with Landlord the sum of $[SECURITY DEPOSIT AMOUNT] (“Security Deposit”) as security for Tenant’s performance.
(b) No Interest Owed. Unless otherwise required by local ordinance, the Security Deposit shall be held without obligation to pay interest.
(c) Permitted Deductions. Landlord may deduct from the Security Deposit amounts reasonably necessary to cover: (i) unpaid rent; (ii) damages beyond ordinary wear and tear; (iii) late fees, utility charges, and other sums due; and (iv) costs to remedy Tenant’s default, all as allowed by Mont. Code Ann. Title 70, Chapter 25.
(d) Return of Deposit. Landlord shall return any unused portion of the Security Deposit together with a written itemization of deductions, if any, within 10 days after Tenant delivers possession if no deductions are made, or within 30 days if deductions are made, as mandated by the Act.
(e) Inspection Report. Landlord and Tenant shall complete and sign the Inspection Report attached as Exhibit A both at move-in and at move-out. Failure of either party to sign does not waive statutory rights.

3.5 Utilities & Services.

(a) Tenant Responsibilities. Tenant shall obtain and timely pay for: [UTILITIES TENANT PAYS – e.g., electricity, gas, internet, trash].
(b) Landlord Responsibilities. Landlord shall provide and pay for: [UTILITIES LANDLORD PAYS – e.g., water, sewer], and shall maintain heating facilities in good working order per Mont. Code Ann. § 70-24-303.
(c) Interruption. Interruption of any utility service beyond Landlord’s reasonable control shall not be deemed a constructive eviction or entitle Tenant to rent abatement, except as required by the Act.

3.6 Use & Occupancy.

(a) Permitted Use. Tenant shall use the Premises solely as a private residence for no more than [MAX OCCUPANTS] lawful occupants.
(b) Prohibited Activities. Tenant shall not (i) engage in any unlawful activity; (ii) create a nuisance; or (iii) permit waste. Any illegal drug activity is a material and non-curable default per Mont. Code Ann. § 70-24-422.
(c) Guests. Guests staying more than [GUEST DAY LIMIT] consecutive nights or [TOTAL DAY LIMIT] days in any 12-month period require Landlord’s prior written consent.
(d) Pets. [SELECT ONE: (i) No pets are permitted. –OR– (ii) Only the following pets are permitted: _ subject to a non-refundable pet fee of $___.]

4. REPRESENTATIONS & WARRANTIES

4.1 By Landlord.
(a) Authority. Landlord has full legal right and authority to enter into and perform this Agreement.
(b) Habitability. As of the Commencement Date, the Premises will be delivered in a habitable condition and in material compliance with Mont. Code Ann. § 70-24-303.
(c) No Known Violations. Landlord has not received written notice of any outstanding code violations materially affecting the Premises.

4.2 By Tenant.
(a) Authority & Capacity. Tenant, if an entity, is duly formed and in good standing, and the individual signing this Agreement is authorized to bind Tenant.
(b) Financial Ability. Tenant has the financial capacity to perform its obligations, a fact material to Landlord’s willingness to lease.
(c) Accuracy of Application. All information provided in Tenant’s rental application is true, complete, and not misleading.

4.3 Survival. The representations and warranties in this Section 4 survive termination of this Agreement to the extent necessary to enforce rights arising from any breach.

5. COVENANTS & RESTRICTIONS

5.1 Tenant Covenants.
(a) Maintenance. Tenant shall keep the Premises clean and sanitary, promptly remove trash, and immediately notify Landlord of any condition requiring repair.
(b) Compliance with Laws. Tenant shall comply with all applicable laws and ordinances.
(c) Rules and Regulations. Tenant shall comply with the Rules and Regulations. Landlord may adopt reasonable amendments effective upon 30 days’ written notice, unless the change materially modifies Tenant’s bargain, in which case Tenant may terminate on 14 days’ written notice.
(d) Alterations. Tenant shall not make any alterations without Landlord’s prior written consent. Approved alterations become Landlord’s property unless otherwise agreed.
(e) Insurance. Tenant shall maintain renter’s insurance with liability limits of at least $[MINIMUM COVERAGE] per occurrence and provide evidence of coverage on request.

5.2 Landlord Covenants.
(a) Quiet Enjoyment. Landlord covenants that so long as Tenant performs, Tenant’s quiet enjoyment shall not be disturbed.
(b) Repairs. Landlord shall make all repairs necessary to keep the Premises in a fit and habitable condition, as required by Mont. Code Ann. § 70-24-303.
(c) Access. Landlord may enter the Premises only (i) after 24-hours’ notice at reasonable times to inspect, repair, or show, or (ii) without notice in case of emergency, as permitted by Mont. Code Ann. § 70-24-312.

6. DEFAULT & REMEDIES

6.1 Events of Default. Each of the following constitutes a default:
(a) Non-payment of rent or Additional Rent when due;
(b) Material non-compliance with this Agreement or the Act;
(c) Intentionally causing substantial damage;
(d) Illegal activity on or about the Premises; or
(e) Misrepresentation in Tenant’s application.

6.2 Notice & Cure.
(a) Monetary Default. Landlord shall serve Tenant with written notice demanding payment within 3 days of receipt. Failure to pay constitutes an incurable default.
(b) Non-Monetary Default. For curable non-monetary defaults, Landlord shall provide 14 days’ written notice to cure. If Tenant fails to cure within the period, Landlord may terminate the tenancy.
(c) Statutory Notices. Notices shall comply with the Act and any stricter requirements herein.

6.3 Landlord Remedies. Upon default and expiration of any required cure period, Landlord may, in addition to other rights:
(i) Terminate this Agreement;
(ii) Recover possession through an unlawful detainer (eviction) action;
(iii) Accelerate all rent due through the Expiration Date, discounted to present value at 4% per annum;
(iv) Apply the Security Deposit toward any sums due; and
(v) Recover actual damages, costs, and reasonable attorney fees.

6.4 Tenant Remedies. Tenant’s exclusive remedies for Landlord’s breach are those set forth in the Act, including rent abatement or termination after proper notice if Landlord fails to fulfill statutory duties.

7. RISK ALLOCATION

7.1 Indemnification by Tenant. To the fullest extent permitted by law, Tenant shall indemnify, defend, and hold Landlord harmless from and against all claims, damages, losses, and expenses arising from (a) the use, occupancy, or condition of the Premises caused by Tenant or Tenant’s invitees, or (b) Tenant’s breach of this Agreement, except to the extent caused by Landlord’s willful misconduct or gross negligence.

7.2 Limitation of Landlord Liability. Landlord’s cumulative liability for breach of this Agreement, excluding (i) return of the Security Deposit, (ii) claims covered by required insurance, and (iii) liability for personal injury caused by Landlord’s gross negligence or willful misconduct, shall not exceed the amount of the Security Deposit actually held by Landlord at the time of the event giving rise to liability.

7.3 Insurance. Landlord shall maintain property insurance on the building. Tenant acknowledges such insurance does not cover Tenant’s personal property.

7.4 Force Majeure. Neither party shall be liable for failure to perform due to events beyond its reasonable control, including acts of God, war, pandemic, or governmental orders, provided the affected party gives prompt notice and resumes performance as soon as practicable. Rent is abated only as required by the Act.

8. DISPUTE RESOLUTION

8.1 Governing Law. This Agreement is governed by the laws of the State of Montana, without regard to conflicts-of-law principles.

8.2 Forum Selection. The parties consent to exclusive jurisdiction and venue in the [COUNTY] County court of competent jurisdiction designated for housing matters (or, if none, the [COUNTY] District Court) for any action arising under this Agreement.

8.3 Arbitration Excluded. The parties expressly opt out of arbitration; all disputes shall be resolved in court as provided herein.

8.4 Jury Trial. Nothing herein is intended to waive any party’s constitutional right to a jury trial. Any waiver must be separately executed in compliance with applicable law.

8.5 Injunctive Relief. Notwithstanding anything to the contrary, Landlord may seek injunctive or other equitable relief, including eviction or possession, to prevent or remedy an actual or threatened default by Tenant.

9. GENERAL PROVISIONS

9.1 Amendments & Waivers. Any amendment or waiver must be in a written instrument signed by both parties. No waiver shall be deemed continuing unless so stated.

9.2 Assignment & Subletting. Tenant shall not assign this Agreement or sublet any portion of the Premises without Landlord’s prior written consent, which may be withheld in Landlord’s reasonable discretion.

9.3 Successors & Assigns. This Agreement is binding upon and inures to the benefit of the parties and their respective permitted successors and assigns.

9.4 Severability. If any provision is held invalid, the remainder shall be enforced to the fullest extent permitted, and the invalid provision reformed to reflect the parties’ intent within legal limits.

9.5 Integration. This Agreement (including exhibits) constitutes the entire understanding of the parties and supersedes all prior discussions or agreements.

9.6 Counterparts; Electronic Signatures. This Agreement may be executed in counterparts, each of which is an original and all of which together constitute one instrument. Electronic signatures have the same force and effect as wet ink signatures under Mont. Code Ann. § 30-18-102.

9.7 Notices. All notices required or permitted shall be in writing and delivered (i) personally, (ii) by certified mail, return receipt requested, (iii) by nationally recognized overnight courier, or (iv) by electronic mail with confirmed receipt, to the addresses set forth in Section 1.1, or such other address as a party designates by notice. Notice is effective upon delivery or attempted delivery refused.

10. EXECUTION BLOCK

IN WITNESS WHEREOF, the parties have executed this Residential Lease Agreement as of the dates set forth below.

LANDLORD:

[LANDLORD LEGAL NAME]
By: _____
Name: _____
Title (if entity): ___
Date: __________

TENANT:

[TENANT LEGAL NAME]
Signature: _____
Name (print): ____
Date: _____

[// GUIDANCE: Add additional signature lines for multiple tenants. Counsel should determine whether notarization is advisable; Montana does not mandate notarization for residential leases, but lenders or recording offices may require it if the term exceeds 1 year.]

EXHIBIT A

MOVE-IN / MOVE-OUT INSPECTION REPORT
[Attach statutory checklist per Mont. Code Ann. § 70-25-206.]

EXHIBIT B

RULES AND REGULATIONS
1. Noise levels must at all times be reasonable and not disturb other occupants.
2. Smoking is prohibited in common areas and within [25] feet of building entrances.
3. Parking spaces are limited to vehicles registered to Tenant; no inoperative vehicles permitted.
4. [Add additional rules as appropriate.]

[// GUIDANCE: Always provide Tenant with copies of the Act, lead-based paint disclosures (for pre-1978 housing), smoke detector/carbon-monoxide detector notices, and any local addenda required by county or municipal ordinance.]