Lease Terms That Do Not Count
MCA 70-24-403 — a prohibited term is unenforceable, and knowingly using one costs up to 3 months' rent
A provision the landlord tenant act prohibits is unenforceable even when it is in the lease. A party who purposefully uses a lease with terms known to be prohibited owes the other side its actual damages plus up to 3 months' rent.
Who handles this in Montana: legal aid programs, lawyer referral and the state offices, listed in the Montana directory.
A landlord or hotel may not, by contract or otherwise, prevent a tenant or a tenant's guest from having on the premises a firearm it is legal for them to have. The landlord may bar firing one, except in self-defense.
In any action on a lease or under the act, the court may award reasonable attorney fees and costs to the side that wins, whatever the lease says.
Sources for this section (3)
- MCA 70-24-403 — Prohibited provision in rental agreement -- unenforceability -- damages
- MCA 70-24-110 — Landlords and tenants -- no firearm prohibition allowed
- MCA 70-24-442 — Attorney fees -- costs
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Montana attorney.