What if my landlord doesn't give me a move-in inspection form?

If your landlord doesn’t offer an inspection, document the condition yourself with photos and notes. Notify your landlord in writing and keep copies for your records.

Am I required to sign the lead paint disclosure?

Yes, tenants must sign the lead-based paint disclosure for homes built before 1978 to acknowledge receipt of information.

Can my landlord charge a non-refundable cleaning fee?

Yes, but only if the fee is clearly identified as non-refundable in your rental agreement.

Does Montana require disclosure of flooding or mold?

No, Montana law does not require landlords to disclose previous flooding or mold issues, except for lead-based paint hazards in older homes.

Who can I contact if my landlord doesn’t provide required disclosures?

Contact the Montana Judicial Branch's landlord-tenant program or your local District Court for assistance.

Montana Landlord Disclosures Before Move-In: What Renters Need to Know

Moving In: Inspections & Disclosures Montana published: June 21, 2025

Before you move into a rental home in Montana, your landlord must provide several important disclosures under state law. These disclosures are designed to protect your rights as a renter and keep you informed about the property, rules, and legal responsibilities for both parties.

What Montana Landlords Must Disclose Before You Move In

Montana law requires landlords to share certain information with renters before move-in, often in writing or as part of the rental agreement. Here’s what you should expect:

Lead-based paint information (for rentals built before 1978)
Owner or agent identification (the names and addresses of everyone who manages or is allowed to receive legal notices for the property)
Move-in inspection report (an opportunity to document the condition of the unit)
Security deposit requirements and rules
Non-refundable fees (if any)

1. Lead-Based Paint Disclosure

If the rental property was built before 1978, landlords must provide renters with:

An EPA-approved informational pamphlet on lead-based paint risks: Protect Your Family From Lead in Your Home
A Lead Warning Statement and signed disclosure form (often called the "Disclosure of Information on Lead-Based Paint and/or Lead-Based Paint Hazards")

All renters must receive and sign this document acknowledging the risks. For more details, see the EPA’s Lead Disclosure Rule.

2. Disclosure of Property Ownership and Management

Montana law (see Montana Code Annotated 70-24-202) requires landlords to tell you, in writing:

The name and address of the property owner
The name and address of any person authorized to manage the property
The person or entity allowed to accept legal notices or service of process

This disclosure helps ensure you can contact the right person for repairs, legal issues, or emergencies.

3. Move-In Inspection Report

Before accepting a security deposit, the landlord must offer you an inspection to document the unit's condition. According to Montana Code Annotated 70-24-303:

The landlord must provide written notice of your right to a move-in inspection.
You can join them for the inspection and note any pre-existing damages or issues.
The landlord should provide a copy of the completed inspection checklist/statement.

If the landlord does not offer this inspection or you are unable to attend, you still have the right to receive a copy of the completed checklist.

4. Security Deposit Disclosure

All security deposit terms must be provided in advance. These include:

The full amount of the deposit
How and when it can be withheld
Any nonrefundable cleaning or other fees (must be identified as nonrefundable in the rental agreement)

For the legal rules, see Montana Code Annotated 70-24-601 to 70-24-607 (Security Deposits).

5. Official Move-In Forms Used in Montana

Move-In/Move-Out Inspection Checklist
- Practical Example: Before moving in, you and your landlord walk through the rental and jointly note the condition of the floors, walls, appliances, and bathroom on the checklist. Both sign and retain a copy. This protects you from unfair security deposit deductions at move-out.
- Official Source: Download or view sample forms on the Montana Supreme Court’s official forms portal. (While not required by state legislation, this checklist is strongly recommended and commonly used.)
Lead-Based Paint Disclosure Form
- Practical Example: If your rental was built before 1978, you should be given this form and a pamphlet to review and sign before getting your keys.
- Official Source: Find the form and details on the EPA’s Lead Disclosure Rule Forms page.

It's always smart to review and keep copies of every disclosure and form you sign. If your landlord skips required disclosures, you may have legal rights or remedies.

Key Takeaway: Montana renters have a legal right to important disclosures about their rental property. Always request and retain written copies for your records.

What to Do If You Didn't Receive Disclosures

If any of the required landlord disclosures are missing or incomplete, try these steps:

Request the missing disclosure in writing from your landlord or property manager
Document your request and the response
If the issue remains unresolved, you can contact Montana’s landlord-tenant resources or consult legal help

Which Government Board Handles Montana Tenancies?

Montana residential tenancy issues are handled under state law and through local courts rather than a specialized board. For official information and help, consult the Montana Judicial Branch landlord-tenant resources.

Relevant Legislation

Montana Code Annotated Title 70, Chapter 24 – Residential Landlord and Tenant Act of 1977

FAQs: Montana Landlord Disclosures Before Move-In

What if my landlord doesn't give me a move-in inspection form?
If your landlord doesn’t offer an inspection, you can document the unit's condition with photos and a written checklist. Always notify your landlord in writing and keep copies for your records.
Am I required to sign the lead paint disclosure?
Yes. Federal law requires both landlords and tenants to sign the lead-based paint disclosure for properties built before 1978 to acknowledge you’ve received the necessary information.
Can my landlord charge a non-refundable cleaning fee?
Yes, but this must be clearly identified as non-refundable in the lease or rental agreement. It cannot be deducted from your security deposit unless disclosed.
Does Montana require landlords to disclose past flooding or mold issues?
No. Montana law currently does not require disclosure of prior flooding, mold, or other specific hazards (apart from lead-based paint for older buildings).
Who do I contact if required disclosures are not provided?
You can contact the Montana Judicial Branch's landlord-tenant program or seek help at your nearest District Court.

Key Takeaways for Montana Renters

Montana law ensures you receive disclosures about lead paint, security deposits, and property ownership before move-in
Always ask for and keep a copy of every form and document you sign
If anything is missing, request it in writing and know your rights under Montana tenancy law

Need Help? Resources for Renters

Montana Residential Landlord and Tenant Act of 1977, Montana Code Annotated Title 70, Chapter 24
Lead Disclosure requirements, EPA Lead Disclosure Rule
Montana Judicial Branch, Landlord-Tenant Disputes Information
Montana Department of Justice, Landlord-Tenant Consumer Information