Montana Statewide Rule
Montana Late Rent Fee Rules
Key Facts
- Statutory cap
- None
- Grace period
- Not required by statute
- Basis for charging
- Must be in the lease (§ 70-24-201)
- Enforceability test
- Must be reasonable, not a penalty
Summary
Montana's Residential Landlord and Tenant Act sets no statutory cap on late rent fees and requires no grace period. Late fees are governed only by the rental agreement under Mont. Code Ann. § 70-24-201, and courts will enforce only fees that are reasonable rather than a penalty.
70-24-201. Rental agreement - terms and conditions. (1) A landlord and a tenant may include in a rental agreement terms and conditions not prohibited by this chapter or other rule or law, including rent, term of the agreement, and other provisions governing the rights and obligations of the parties.
Full Breakdown
No section of Montana's Residential Landlord and Tenant Act (Title 70, Chapter 24) caps the dollar amount or percentage of a late fee, and there is no mandatory grace period. Under Mont. Code Ann. § 70-24-201, rent and the terms surrounding it are set by the rental agreement, so any late fee must be written into the lease to be charged. Montana courts apply general contract law: a charge structured as an unenforceable penalty rather than a reasonable estimate of the landlord's loss may not be collected. Because there is no statutory ceiling, a tenant's protection comes from the lease terms and the reasonableness standard, not from a fixed cap.
Violations & Penalties
No specific statutory penalty. A late fee not stated in the lease is uncollectible, and a fee a court finds to be an unreasonable penalty rather than a genuine pre-estimate of loss will not be enforced.
Frequently Asked Questions
Does Montana cap late rent fees?
Is a grace period required before a late fee in Montana?
Can a Montana landlord charge a late fee not in the lease?
Sources
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