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1. In the prepar
ation of a rental agreement, the landlord and tenant can agree to include terms prohibited by law. |
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2. Unless the rental agreement says differently, the tenant shall pay fair market rent for the use of the
dwelling unit as determined by the landlord. |
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| 3. When a property manager is figuring rent for a rental agreement, he/she apportions the rent on a month-to-month basis. |
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| 4. Rent is not considered “due” unless the tenants receive some kind of notice or demand from the landlord. |
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| 5. If a property manager terminates his/her agreement to manage the property, they are relieved of liability to the tenant under the rental agreement immediately upon notice to the owner of the property. |
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6. If a property manager’s agency agreement is terminated by the property owner, the manager is liable
to the tenant’s rental agreement until the end of their existing lease |
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7. A property manager is liable under tenant’s rental agreement until written notice is given to the tenant
that the manager is no longer representing the property owner. |
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8. Landlords may adopt new rules anytime during the lease duration as long as they notify the tenants in
writing. |
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| 9. Property Managers must give tenants 30 days notice of changes to the terms of a lease agreement, providing the lease is month-to-month. |
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10. Rental agreements (longer than month-to-month) must contain all specific rules/terms at the time of
lease signing and cannot be changed until the lease is up for renewal. |
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| 11. A landlord may require that a tenant notify them of any absence in excess of seven days. |
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12. A rental agreement may state that a tenant is required to notify the landlord if they are going to be
gone from the premises for more than 7 days. |
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13. If the landlord notices that the tenant has been away from his/her residence for a long time, the
landlord may go into the property whenever he/she feels it is necessary. |
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| 14. A property manager can require a tenant to give notice of absences for periods longer than 48 hours. |
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| False 70-24-405 5 days written notice |
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15. If a landlord takes a security deposit and rent for an apartment but it turns out not to be available on
the agreed upon date for move in, the tenant can terminate the rental agreement with 10 days notice
and get triple the security deposit back. |
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Term
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| 16. If a property is not ready for move in at the arranged date between landlord and tenant, the tenant can terminate the rental agreement with 5 days written notice. |
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| 17. Nothing happens if a rental property is not available for the tenant by a certain date by the landlord. The landlord cannot control “ready dates.” |
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| 18. When a tenant notifies the landlord on December 12th landlord has 5 working days to get it fixed. |
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| False 70-24-406-1a "14 calendar days " |
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| 19. When a tenant notifies the landlord of a problem with a clogged drain in their kitchen sink, the landlord has 14 working days to get it fixed. |
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| 20. A property manager has 14 days to remedy emergency problems for a tenant after notification in writing from tenant. |
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| 21. Minor maintenance problems with a rental only require the landlord to address them within a reasonable time frame. |
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22. If a landlord has legitimate concerns about drug activities going on in one of his/her properties, they
can give the tenants 30 days notice to vacate on a month to month lease. |
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23. Drug activities are not the business of the property manager and they can do nothing about this except
call the police. |
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Term
| False 70-24-422-1b (3 day notice to correct or quit.) |
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| 24. If tenant with no pet agreement is found to have a dog, the landlord can give written notice and evict the tenant with a 3 day notice. |
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| False 70-24-422-1b (3 day notice to correct or quit.) |
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| 25. Property Managers must give the tenant a 5 day notice for violations involving unauthorized pets. |
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Term
| False 70-24-422-4 (3 day notice to correct or quit.) |
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| 26. If a tenant is caught vandalizing the community gym equipment, the fastest way to address the problem tenant is to give him/her a 30-day notice to vacate. |
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| False 70-24-422-4 (3 day notice to correct or quit.) |
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| 27. A property manager can give a tenant a 24 hour notice to vacate the premises if they catch the tenant damaging the property. |
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28. If a tenant is on a month-to-month lease and constantly calls for legitimate maintenance repairs and
writes letters of request for repairs, the landlord can bring an action for possession against the tenant. |
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| 29. Montana State law states that a security deposit cannot exceed two times the rent amount. |
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Term
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| 30. There is no maximum amount for security deposits, but there is a limit for pet deposits. |
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| 31. When a tenant vacates a property she/he has three days after move out to comply with the provided cleaning notice. |
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| 32. The property manager is required to give a tenant one week to clean to his/her standards. |
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| 33. A landlord may deduct for normal carpet wear and tear from the tenants’ security deposit. |
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34. A landlord cannot deduct unpaid rent from the security deposit at the time of move-out because it is
for damages only. |
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35. If a tenant moves out and no cleaning or other costs are due, the landlord must return his security
deposit amount immediately or the tenant does not have to return the keys and premises back into the landlord’s control. |
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36. Security deposits must be returned within 30 days if there are cleaning, maintenance or repairs to be
done on the property. |
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37. If after inspection there are no damages, no cleaning required, no rent unpaid, and no utilities due, the
tenant must get his/her security deposit back within 10 days. |
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| 38. Security deposit must be refunded to the tenant by certified mailing to the property where the tenant just moved from. |
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39. If a tenant vacates and does not leave a new address in writing with the landlord, the landlord is
relieved of the liability of the penalties for returning security deposits within the required time if the tenant does not receive their mail. |
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40. When a tenant receives a security deposit disposition from his/her landlord, it must have a list of
damage withholdings and to have been mailed within the 10-day period required by law. |
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41. If a tenant wishes to see the prior person’s security deposit disposition, they can request in writing for
that information from the property manager. |
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Term
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| 42. A person cannot request the immediate preceding tenants cleaning and damage charge information. |
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Term
| False 70-24-429 (speak to an attorney) |
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| 43. If a tenant remains in possession without the landlord’s consent after the term has ended and is served with eviction papers for nonpayment of rent, he has up to 20 days to “answer” an “action for possession.” |
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44. If a tenant is served with eviction papers for nonpayment of rent, they have 10 days to answer to the
court. |
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| 45. If a tenant moves out at the end of his/her lease but does not show up or comply with the cleaning inspection, the landlord can keep all of the security deposit. |
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46. Montana law states that a tenant can move out at the end of a one-year lease without any notice to
the landlord. |
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47. Montana law states that a tenant must give, in writing, a 30-day notice to vacate a property, if the
tenant is renting month-to-month. |
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48. If a tenant moves into a “dirty” apartment because the landlord’s cleaning people were running behind
and the landlord allows the tenant to clean the apartment in lieu of a $300 security deposit, at the end of the lease the landlord owes the tenant $300 if there has been no cleaning required or damages. |
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Term
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| 49. If a tenant has given his/her 30-day notice to vacate and continues to stay at the property beyond that date, he/she may be liable to pay the landlord up to two times the regular rent amount for each day spent past the move-out deadline. |
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Term
| False 70-33-429 Holdover Tenant means they are digging in their heals. |
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50. A “Holdover Tenant” is one who is renting a property on a month-to-month basis until they can find
other housing. |
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