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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.

  • MCA 70-24-403
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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.

  • MCA 70-24-110

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)
  1. MCA 70-24-403 — Prohibited provision in rental agreement -- unenforceability -- damages
  2. MCA 70-24-110 — Landlords and tenants -- no firearm prohibition allowed
  3. 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.

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