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MONTANA MONTH-TO-MONTH RENTAL AGREEMENT

THIS MONTH-TO-MONTH RENTAL AGREEMENT hereinafter known as the

"Agreement" is made and entered into this ____ day of _______________________,

20____, by and between the Landlord known as _______________________ with a

mailing address ____________________________________________________________________

____________________________________________________________________________________,

in the City of _______________________, State of Montana hereinafter known as the

"Landlord" and the Tenant(s) known as _______________________,

_______________________, _______________________, _______________________, hereinafter

known as the "Tenant(s)" for and in consideration of the covenants and obligations

contained herein and other good and valuable consideration, the receipt and

sufficiency of which is hereby acknowledged, the parties hereby agree as follows:

PROPERTY. Landlord owns property and improvements located at _________________

____________________________________________________________________________________,

City of _______________________, State of Montana (hereinafter referred to as the

"Property"). Landlord desires to lease the Property to Tenant upon the terms and

conditions contained herein. Tenant desires to lease the Property from Landlord

upon the terms and conditions contained herein.

TERM. The Agreement will start on _____________________ and will continue as a

month-to-month tenancy. In accordance with the State Statutes to terminate the

tenancy, the Landlord or Tenant must give the other party a written ____ days notice

of non-renewal. The Tenant may only terminate their Agreement on the last day of

any month and the Landlord must receive written notification of non-renewal at

least ____ days prior to the last day of that month. If the Tenant plans to leave on or

after the first of any month, they are responsible for that month’s full rent. If the

Tenant does not provide the Landlord with a written ____ days’ notice, they shall

forfeit their full deposit amount.

PAYMENTS. Tenant agrees to pay to Landlord as rent for the Property the

amount of ___________________________ dollars each month in advance on the 1st day

of each month at _________________________ or at any other address designated by

Landlord. If the Term does not start on the 1st day of the month or end on the last

day of a month, the first and last month’s rent will be prorated accordingly.

SECURITY DEPOSIT. At the signing of this Agreement, Tenant shall deposit with

Landlord, in trust, a security deposit of $_________ as security for the performance by

Tenant of the terms under this Agreement and for any damages caused by Tenant,

Tenant’s family, and visitors to the Property during the term of this Agreement. The

Landlord may use part or all of the security deposit to repair any damage to the

Property caused by Tenant, Tenant’s family, and visitors to the Property. However,

the Landlord is not just limited to the security deposit amount and Tenant remains

liable for any balance. Tenant shall not apply or deduct any portion of any security

deposit from the last or any month’s rent. Tenant shall not use or apply any such

security deposit at any time in lieu of payment of rent. If Tenant breaches any terms

or conditions of this Agreement, Tenant shall forfeit any deposit, as permitted by law.

LATE CHARGES. Rent is due on the 1st of each month. If any or all of the rent is not

received by the ____ of the month, $____ per day will be charged as late fees until full

rental payment is received. If rent is not received by the ____ of the month, Tenant

will be considered in breach of the Agreement and eviction proceedings will be

initiated.

INSUFFICIENT FUNDS. Tenant agrees to pay the charge of $____ for each check

given by Tenant to Landlord that is returned to Landlord for a lack of sufficient funds.

USE OF PROPERTY. Tenant shall only use the Property as a residence. The Property

shall not be used to carry on any type of business or trade without the prior written

consent of the Landlord. The Tenant will comply with all laws, rules, ordinances,

statutes, and orders regarding the use of the Property.

OCCUPANTS. Tenant agrees that no more than ____ persons may reside on the

Property without the prior written consent of the Landlord.

CONDITION. The Tenant has inspected the property, the fixtures, the grounds,

building, and improvements and acknowledges that the Property is in good and

acceptable condition and are habitable. If at any time during the term of this

Agreement, in Tenant’s opinion, the conditions change, Tenant shall promptly

provide reasonable notice to Landlord.

ASSIGNMENT. Under this Agreement Tenant ☐ shall ☐ shall not assign or sublease

any share in this Agreement. All sublease arrangements must be made with the

prior written consent of the Landlord, which consent shall not be unreasonably

withheld. Any assignment or sublease without the Landlord’s written prior consent

shall, at Landlord’s option, terminate this Agreement.

RIGHT OF ENTRY. Tenant agrees to make the Property available to Landlord or

Landlord’s agents for the purposes of inspection, making repairs or improvements,

or to supply agreed services or show the property to prospective buyers or tenants,

or in case of emergency. Except in case of emergency, Landlord shall give Tenant

____ hours notice of intent to enter. Tenant shall not, without Landlord’s prior written

consent, add, alter or re-key any locks to the Property. At all times Landlord shall be

provided with a key or keys capable of unlocking all such locks and gaining entry.

Tenant further agrees to notify Landlord in writing if Tenant installs any burglar

alarm system, including instructions on how to disarm it in case of emergency entry.

ALTERATIONS AND IMPROVEMENTS. Tenant shall make no alterations to the

building or improvements on the Property or construct any building or make any

other improvements on the Property without the prior written consent of Landlord.

Any and all alterations, changes, and/or improvements built, constructed, or placed

on the Property by Tenant shall, unless otherwise provided by written agreement

between Landlord and Tenant, be and become the property of Landlord and remain

on the Property at the expiration or earlier termination of this Agreement.

NON-DELIVERY OF POSSESSION. In the event, the Landlord cannot deliver

possession of the Property to Tenant upon the commencement of the Agreement

Term, through no fault of Landlord, then Landlord shall have no liability, but the

rental herein provided shall abate until possession is given. Landlord shall have ____

days in which to give possession and, if possession is tendered within such time,

Tenant agrees to accept the demised Property and pay the rental herein provided

from that date. In the event, possession cannot be delivered within such time,

through no fault of Landlord, then this Agreement and all rights hereunder shall

terminate.

HAZARDOUS MATERIALS. Tenant shall not keep on the Property any item of a

dangerous, flammable or explosive nature that might unreasonably increase the

danger of fire or explosion on the Property or that might be considered hazardous or

extra hazardous by any responsible insurance company.

UTILITIES. The Landlord shall provide the following utilities and services to the

Tenant(s): _____________________________________________________________________. Any

other utilities or services not mentioned will be the responsibility of the Tenant(s).

MAINTENANCE, REPAIR, AND RULES. Tenant will, at Tenant’s sole expense, keep

and maintain the Property in a good, clean and sanitary condition and repair during

the term of this Agreement and any renewal thereof. Tenant shall be responsible to

make all repairs to the Property, fixtures, appliances, and equipment therein that

may have been damaged by Tenant’s misuse, waste or neglect, or that of the

Tenant’s family or visitors. Tenant agrees that no painting will be done on or about

the Property without the prior written consent of Landlord. Tenant shall promptly

notify Landlord of any damage, defect or destruction of the Property or in the event

of the failure of any of the appliances or equipment. The Landlord will use their best

efforts to repair or replace any such damaged or defective areas, appliances or

equipment.

PETS. Tenant shall not keep any pets on the Property without the prior written

consent of the Landlord. If Landlord grants permission to Tenant to keep pets, an

additional security deposit of $____ will be required by the Landlord to keep in trust

for potential damage to the Property caused by Tenant’s pets.

QUIET ENJOYMENT. Upon payment of all the sums referred to herein as being

payable by Tenant and Tenant's performance of all Tenant's agreements contained

herein and Tenant's observance of all rules and regulations, Tenant shall and may

peacefully and quietly have, hold, and enjoy said Property for the term hereof.

INDEMNIFICATION. Landlord shall not be liable for any injury to the tenant, tenant’s

family, guests, or employees or to any person entering the property and shall not be

liable for any damage to the building in which the property is located or to goods or

equipment, or to the structure or equipment of the structure in which the Property

is located, and Tenant hereby agrees to indemnify, defend, and hold Landlord

harmless from any and all claims or assertions of every kind and nature.

DEFAULT. If Landlord breaches this Agreement, Tenant may seek any relief provided

by law. If Tenant fails to comply with any of the material provisions of this

Agreement, other than the covenant to pay rent or of any present rules and

regulations, or any that may be hereafter prescribed by Landlord, or materially fails

to comply with any duties imposed on Tenant by statute, Landlord may terminate

this Agreement ____ days after delivery of written notice by Landlord specifying the

noncompliance and indicating the intention of Landlord to terminate the

Agreement by reason thereof. If Tenant fails to pay rent when due and the default

continues for ____ days thereafter, Landlord may, at Landlord's option, declare the

entire balance of rent payable hereunder to be immediately due and payable and

may exercise any and all rights and remedies available to Landlord at law or in equity

or may immediately terminate this Agreement.

HOLDOVER. In the event, Tenant remains in possession of the Property for any

period after the expiration of the Agreement Term (“Holdover Period”) a new month-

to-month tenancy shall be created subject to the same terms and conditions of this

Agreement at a monthly rental rate of the same in this agreement unless otherwise

agreed by the Parties in writing. Such month-to-month tenancy shall be terminable

on thirty (30) days’ notice by either Party or on longer notice if required by law.

ABANDONMENT. If Tenant abandons the Property of any personal property during

the term of this Agreement, Landlord may at is option enter the Property by any

legal means without liability to Tenant and may at Landlord’s option terminate the

Agreement. Abandonment is defined as the absence of the Tenants from the

Property for at least ____ consecutive days without notice to Landlord. If Tenant

abandons the Property while the rent is outstanding for more than ____ days and

there is no reasonable evidence, other than the presence of the Tenants’ personal

property, that the Tenant is occupying the unit, Landlord may at Landlord’s option

terminate this Agreement and regain possession in the manner prescribed by law.

The Landlord will dispose of all abandoned personal property on the Property in any

manner allowed by law

ATTORNEYS' FEES. Should it become necessary for Landlord to employ an attorney

to enforce any of the conditions or covenants hereof, including the collection of

rentals or gaining possession of the Property, Tenant agrees to pay all expenses so

incurred, including a reasonable attorneys' fee.

COMPLIANCE WITH LAW. The Tenant(s) agrees that during the term of the

Agreement, to promptly comply with any present and future laws, ordinances,

orders, rules, regulations, and requirements of the Federal, State, County, City, and

Municipal government or any of their departments, bureaus, boards, commissions

and officials thereof with respect to the Property, or the use or occupancy thereof,

whether said compliance shall be ordered or directed to or against the Tenant(s), the

Landlord, or both.

SEVERABILITY. If any provision of this Agreement or the application thereof shall, for

any reason and to any extent, be invalid or unenforceable, neither the remainder of

this Agreement nor the application of the provision to other persons, entities, or

circumstances shall be affected thereby, but instead shall be enforced to the

maximum extent permitted by law.

BINDING EFFECT. The covenants, obligations, and conditions herein contained shall

be binding on and inure to the benefit of the heirs, legal representatives, and assigns

of the parties hereto.

MODIFICATION. The parties hereby agree that this document contains the entire

agreement between the parties and this Agreement shall not be modified, changed,

altered, or amended in any way except through a written amendment signed by all

of the parties hereto.

NOTICE. Any notice required or permitted under this Agreement or under state law

shall be delivered to Tenant at the Property address, and to Landlord at the following

address: ___________________________________________________________________________.

PARKING. The Landlord:

☐ Shall provide ____ parking space(s) to the Tenant(s) for a fee of $____ to be paid ☐

at the execution of this Agreement ☐ on a monthly basis in addition to the rent. The

parking space(s) are described as: ____________________.

☐ Shall not provide parking.

SMOKING POLICY. Smoking on the Property is:

☐ Permitted in the following areas: ____________________.

☐ Prohibited on the Property.

ADDITIONAL TERMS AND CONDITIONS.

_____________________________________________________________________________________

ENTIRE AGREEMENT. This constitutes the entire Agreement between the Parties

and supersedes any prior understanding or representation of any kind preceding the

date of this Agreement. There are no other promises, conditions, understandings or

other agreements, whether oral or written, relating to the subject matter of this

Agreement. This Agreement may be modified in writing and must be signed by

both Landlord and Tenant.

IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed in

multiple originals as of the undersigned date(s).

Landlord’s Signature ____________________________ Date _____________________

Print Name _______________________

Tenant’s Signature ____________________________ Date _____________________

Print Name _______________________

Tenant’s Signature ____________________________ Date _____________________

Print Name _______________________

Tenant’s Signature ____________________________ Date _____________________

Print Name _______________________

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REQUIRED LEASE DISCLOSURES &

ADDENDUMS IN MONTANA

The following disclosures or addendums are either required for some or all

residential lease agreements in Montana.

1. Move-In Checklist - for any lease charging a security deposit.

2. Mold Disclosure - for properties with known mold that may pose a health

threat.

3. Lead Based Paint Disclosure - for rental units built prior to 1978.

MONTANA MOVE-IN CHECKLIST

INVENTORY CHECKLIST FOR __________________________________________

You should complete one checklist, noting the condition of the rental property, and

return it to the landlord after obtaining possession of the rental unit. You should

keep a copy for your records. You must notify the landlord in writing after you move

of a forwarding address where you can be reached and where you will receive mail;

otherwise your landlord shall be relieved of sending you an itemized list of damages

and the penalties adherent to that failure.

Landlord’s name and address __________________________________________

Security deposit deposited at __________________________________________

Name(s) of the tenant(s) __________________________________________

MOVE-IN

Move-In Date:

MOVE-OUT

Move

-Out Date:

KITCHEN

Refrigerator

Range & oven

Broiler

Range hood & fan

Sink & counter

Garbage disposal

Cabinets

Light fixture

Walls/ceiling & paint

Carpet/floor

Curtains or draperies

Windows & screens

Furniture

Closets

Shelves

Doors

Plumbing fixtures

Other

DINING ROOM

Thermostat

Air conditioner

Door

Windows & screens

Walls/ceiling & paint

Carpet/floor

Curtains or draperies

Light fixture

Furniture

Closets

Shelves

Other

LIVING ROOM

Thermostat

Air conditioner

Door

Windows & screens

Walls/ceiling & paint

Carpet/floor

TV cord & adaptor

Curtains or draperies

Light fixture

Furniture

Closets

Shelves

Other

BATHROOM

Bathtub/shower

Sink & counter

Medicine cabinet

Vent fan

Ceramic tile

Light fixture

Walls/ceiling & paint

Carpet/floor

Curtains or draperies

Windows

Closets

Shelves

Doors

Toilet

Other

BEDROOM NO. 1

Doors

Windows & screens

Light fixture

Walls/ceiling paint

Carpet/floor

Closets

Curtains or draperies

Furniture

Shelves

Other

BEDROOM NO. 2

Doors

Windows & screens

Light fixture

Walls/ceiling paint

Carpet/floor

Closets

Curtains or draperies

Furniture

Shelves

Other

BASEMENT/STORAGE

Windows

Walls/ceiling & paint

Closets

Floors

Doors

Other

HALLWAY(S)

Doors

Walls/ceiling & paint

Floors

Windows

Other

STAIRWELL

Doors

Walls/ceiling & paint

Floors

Windows

Railings

Other

GARAGE/PARKING

AREA

Windows

Walls/ceiling

Shelves

Paint

Doors

Other

DATE UTILITIES

NOTIFIED

Gas company

Electric company

Water & sewer

NUMBER OF KEYS

RECEIPT FOR INVENTORY CHECKLIST AND LEASE

Tenant acknowledges a copy of two Inventory checklists and a signed copy of the

Lease for Premises located at _______________________________________________________

____________________________________________________________________________________.

If one completed Checklist is not returned to Landlord within the 14 days from this

date, the Landlord and Tenant agree that none of the real or personal property at the

premises is damages or flawed in any way.

TENANT __________________________________ DATE ___________________

ITEMIZED LIST OF CHARGES

TENANT __________________________________ DATE MAILED ________________________

FORWARDING ADDRESS ___________________________________________________________

____________________________________________________________________________________.

CREDITS

Security Deposit

Other

TOTAL CREDITS

CHARGES

Rental arrearage

Rent due for premature termination of the lease

by the tenant

The tenant’s utility bills not paid by the tenant

Damages to property and estimated cost of

repair:

TOTAL CHARGES

AMOUNT OWED TO THE TENANT

(if charges are less than credits,

the tenant is entitled to receive this amount) $ __________________

ADDITIONAL AMOUNT OWED TO THE LANDLORD

(if credits are less than charges, the tenant owes this

additional amount to the landlord) $ __________________

You must respond to this notice by mail after receipt of same;

otherwise you will forfeit the amount claimed for damages.

DISCLOSURE OF ON MOLD

THIS AGREEMENT made and entered into between ________________________________,

“Landlord" and ________________________________, ________________________________,

________________________________, and ________________________________, Tenant(s)”.

Tenant(s) is renting from Landlord the Property located at: __________________________

_____________________________________________________________________________________

LANDLORD’S DISCLOSURE:

There are many types of mold. Inhabitable properties are not, and cannot be,

constructed to exclude mold. Moisture is one of the most significant factors

contributing to mold growth. Information about controlling mold growth may be

available from your county extension agent or health department. Certain strains of

mold may cause damage to property and may adversely affect the health of

susceptible persons, including allergic reactions that may include skin, eye, nose,

and throat irritation. Certain strains of mold may cause infections, particularly in

individuals with suppressed immune systems. Some experts contend that certain

strains of mold may cause serious and even life-threatening diseases. However,

experts do not agree about the nature and extent of the health problems caused by

mold or about the level of mold exposure that may cause health problems. The

Centers for Disease Control and Prevention is studying the link between mold and

serious health conditions. The seller, landlord, seller's agent, buyer's agent, or

property manager cannot and does not represent or warrant the absence of mold. It

is the buyer's or tenant's obligation to determine whether a mold problem is

present. To do so, the buyer or tenant should hire a qualified inspector and make any

contract to purchase, rent, or lease contingent upon the results of that inspection. A

seller, landlord, seller's agent, buyer's agent, or property manager who provides this

mold disclosure statement, provides for the disclosure of any prior testing and any

subsequent mitigation or treatment for mold, and discloses any knowledge of mold

is not liable in any action based on the presence of or propensity for mold in a

building that is subject to any contract to purchase, rent, or lease.

CERTIFICATION OF ACCURACY

The following parties have reviewed the information above and certify, to the best of

their knowledge, that the information they have provided is true and accurate.

________________________________ ________________________________

Landlord Date Landlord Date

________________________________ ________________________________

Tenant Date Tenant Date

________________________________ ________________________________

Agent Date Agent Date

DISCLOSURE OF INFORMATION ON LEAD-BASED PAINT AND/OR LEAD-BASED

PAINT HAZARDS LEAD WARNING STATEMENT

Housing built before 1978 may contain lead-based paint. Lead from paint, paint

chips, and dust can pose health hazards if not managed properly. Lead exposure is

especially harmful to young children and pregnant women. Before renting pre-1978

housing, lessors must disclose the presence of known lead-based paint and/or lead-

based paint hazards in the dwelling. Lessees must also receive a federally approved

pamphlet on lead poisoning prevention.

Lessor’s Disclosure

a) Presence of lead-based paint and/or lead-based paint hazards (check (i) or (ii)

below):

i) ______ Known lead-based paint and/or lead-based paint hazards are

present in the housing (explain).

_________________________________________________________________________________

ii) _____ Lessor has no knowledge of lead-based paint and/or lead-based

paint hazards in the housing.

b) Records and reports available to the lessor (check (i) or (ii) below):

i) ______ Lessor has provided the lessee with all available records and reports

pertaining to lead-based paint and/or lead-based paint hazards in the

housing (list documents below).

_________________________________________________________________________________

ii) _____ Lessor has no reports or records pertaining to lead-based paint

and/or lead-based paint hazards in the housing.

Lessee’s Acknowledgment (initial)

c) ________ Lessee has received copies of all information listed above.

d) ________ Lessee has received the pamphlet Protect Your Family from Lead in Your

Home.

Agent’s Acknowledgment (initial)

e) ________ Agent has informed the lessor of the lessor’s obligations under 42 U.S.C.

4852d and is aware of his/her responsibility to ensure compliance.

Certification of Accuracy

The following parties have reviewed the information above and certify, to the best of

their knowledge, that the information they have provided is true and accurate.

________________________________ ________________________________

Lessor Date Lessor Date

________________________________ ________________________________

Lessee Date Lessee Date

________________________________ ________________________________

Agent Date Agent Date

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