Montana Residential Rental Lease Agreement

MONTANA RESIDENTIAL LEASE AGREEMENT

This Residential Lease Agreement (hereinafter “Lease”) is entered into this the day of , 20 , by and between the Lessor: , (hereinafter referred to as “Landlord”), and the Lessee(s):

All Lessees (hereinafter referred to collectively as “Tenant”), are jointly, severally and individually bound by, and liable under, the terms and conditions of this Lease.

For the valuable consideration described below, the sufficiency of which is hereby acknowledged, Landlord and Tenant do hereby covenant, contract and agree as follows:

1. GRANT OF LEASE: Landlord does hereby lease unto Tenant, and Tenant does hereby rent from Landlord, solely for use as a personal residence, excluding all other uses, the personal residence located in County, Montana, with address of:

including the following items of personal property:

2. NATURE OF OCCUPANCY: As a special consideration and inducement for the granting of this Lease by the Landlord to the Tenant, the personal residence described above shall be used and occupied only by the members of the Tenant’s family or others whose names and ages are set forth below:

3. TERM OF LEASE: This Lease shall commence on the day of , 20 , and extend until its expiration on the day of , 20 , unless renewed or extended pursuant to the terms herein.

4. SECURITY DEPOSIT: Upon execution of this Lease, Tenant shall deposit the sum of $ to be held by Landlord as a security deposit for reasonable cleaning of, and repair of damages to, the premises upon the expiration or termination of this Lease, or other reasonable damages resulting from a default by Tenant.

5. RENT PAYMENTS: Tenant agrees to pay rent unto the Landlord during the term of this Lease in equal monthly installments of $ , said installment for each month being due and payable on or before the 1st day of the month, the first full rent payment under this Lease being due on the 1st day of , 20 .

Tenant agrees that if rent is not paid in full on or before the day of the month, Tenant will pay a late charge of $ as allowed by applicable Montana law.

The prorated rent from the commencement of this Lease to the first day of the following month is $ , which amount shall be paid at the execution of this Lease.

Tenant agrees that rent shall be paid in lawful money of the United States by (indicate those that apply):

cash, personal check, money order, cashier’s check, other

Rent payments shall be made payable to and mailed or delivered to the following address:

6. CONSEQUENSES OF BREACH BY TENANT: If Tenant, by any act or omission, or by the act or omission of any of Tenant’s family or invitees, licensees, and/or guests, violates any of the terms or conditions of this Lease or any other documents made a part hereof by reference or attachment, Tenant shall be considered in breach of this Lease.

7. DELIVERY OF NOTICES: Any giving of notice under this Lease or applicable Montana law shall be made by Tenant in writing and delivered to the address noted above for the payment of rent, either by hand delivery or by mail.

8. UTILITIES: Tenant will provide and pay for the following utilities (indicate those that apply):

Electric, Gas, Telephone, Cable Television, Water, Garbage pick-up

Landlord will provide and pay for the following utilities (indicate those that apply):

Electric, Gas, Telephone, Cable Television, Water, Garbage pick-up

9. NOTICE OF INTENT TO SURRENDER: Tenant shall give written notice to Landlord of Tenant’s intention to surrender the residence at the expiration of the Lease term. If customary or frequent absences are expected, note here:

10. OBLIGATIONS AND DUTIES OF LANDLORD: As per Montana Code § 70-24-303, Landlord shall comply with applicable building and housing codes; make repairs; keep common areas clean and safe; maintain appliances and utilities; provide receptacles; supply running water and reasonable heat; and install smoke detectors.

11. OBLIGATIONS AND DUTIES OF TENANT: As per Montana Code § 70-24-321, Tenant shall comply with building and housing codes; keep premises clean and safe; dispose of waste properly; maintain plumbing fixtures; use facilities reasonably; not disturb neighbors; and not destroy or damage the premises.

12. NO ASSIGNMENT: Tenant expressly agrees that the leased premises nor any portion thereof shall not be assigned or sub-let by Tenant without the prior written consent of Landlord.

13. TENANT INSURANCE: Landlord shall not be liable to Tenant, Tenant’s family or Tenant’s invitees, licensees, and/or guests for damages not proximately caused by Landlord or Landlord’s agents.

14. CONDITION OF LEASED PREMISES: Tenant acknowledges examination of the premises and accepts the premises in AS-IS condition, subject to applicable Montana law.

15. ALTERATIONS: Tenant shall make no alterations, decorations, additions, or improvements to the leased premises without first obtaining the express written consent of Landlord.

16. NO ILLEGAL USE: Tenant shall not perpetrate, allow or suffer any acts or omissions contrary to law or ordinance to be carried on upon the leased premises or in any common area.

17. NOTICE OF INJURIES: In the event of any significant injury or damage, written notice shall be provided to Landlord as soon as possible but not later than five (5) days.

18. LANDLORD’S RIGHT TO MORTGAGE: Tenant agrees to accept the premises subject to and subordinate to any existing or future mortgage or other lien.

19. DELAY IN REPAIRS: Tenant agrees that if any repairs to be made by Landlord are delayed by reasons beyond Landlord’s control, there shall be no effect on Tenant’s obligations.

20. ABANDONMENT: Abandonment shall be defined as the absence of the Tenant from the leased premises for a period of seven (7) or more consecutive days while rent or any owing monies remain unpaid.

21. NOTICE OF ABSENCE FROM PREMISES: If Tenant is to be absent from the leased premises for seven (7) or more consecutive days, written notice should be served upon Landlord.

22. POSSESSION OF PREMISES: Tenant shall not be entitled to possession until the security deposit and first month’s rent are paid in full and the premises are vacated by the prior tenant.

23. DELAY OF POSSESSION: If Tenant is unable to enter and occupy the premises, Landlord shall not be liable in damages, but shall abate rent for the period Tenant is unable to occupy the premises.

24. MATERIALITY OF APPLICATION TO RENT: All representations made by Tenant(s) on the Application to Rent are material to the grant of this Lease.

25. MODIFICATION OF THIS LEASE: Any modification of this lease shall not be binding upon Landlord unless in writing and signed by Landlord or Landlord’s authorized agent.

26. REMEDIES NOT EXCLUSIVE: The remedies and rights contained in and conveyed by this Lease are cumulative.

27. SEVERABILITY: If any provision herein is rendered invalid, the remaining provisions shall remain valid and enforceable.

28. NO WAIVER: Failure of Landlord to insist upon strict performance shall not be construed as a waiver.

29. ATTORNEY FEES: In the event that Landlord employs an attorney to collect charges or enforce covenants, Tenant agrees to pay reasonable attorney’s fees and costs.

30. HEIRS AND ASSIGNS: All covenants shall be binding upon heirs, executors, administrators, successors, and assigns, subject to this Lease.

31. DESTRUCTION OF PREMISES: If the premises are destroyed or rendered untenable, this Lease shall cease; if partially untenable, rent shall be abated proportionally.

32. EMINENT DOMAIN: If the premises are taken by eminent domain, rent shall be prorated to the date of taking and the Lease shall terminate on that date.

33. LANDLORD ENTRY AND LIEN: Landlord shall have the right to enter at reasonable times and retains a lien on personal property placed upon the premises.

34. GOVERNING LAW: This Lease is governed by the statutory and case law of the State of Montana.

35. ADDITIONAL PROVISIONS: