Montana Prohibited Lease Clauses
4 restricted clause typesOur Montana law database tracks 4 lease clause types that state law prohibits or restricts (4 illegal). Even if you signed a lease containing one, an illegal or unenforceable clause is generally void — you have not waived the underlying right.
Educational information: generated from our Montana law database (last updated 2024-01-01). Not legal advice.
Clause types restricted by Montana law
Waiver of implied warranty of habitability
Likely IllegalLegal basis: Montana Code Annotated Section 70-24-303
Waiver of tenant rights
Likely IllegalLegal basis: Montana Code Annotated Section 70-24-403
Confession of judgment clause
Likely IllegalLegal basis: Montana Code Annotated Section 70-24-403
Nonrefundable security deposit
Likely IllegalLegal basis: Montana Code Annotated Section 70-25-201
Frequently asked questions
- What lease clauses are illegal in Montana?
- Montana law restricts 4 clause types tracked in our database, such as: waiver of implied warranty of habitability; waiver of tenant rights; confession of judgment clause.
- Is a lease still valid if it contains an illegal clause in Montana?
- Usually yes — the offending clause is void or unenforceable, but the rest of the lease typically remains in effect. You generally cannot be held to a clause that violates state law even if you signed it.
- Which law prohibits "waiver of implied warranty of habitability" in Montana?
- Montana Code Annotated Section 70-24-303.
Check Your Lease Against Montana Law
Not sure whether your lease complies with Montana law? Upload it and our analyzer flags problem clauses — deposit terms, entry rights, fees and prohibited provisions — using the same statute-backed database this page is generated from.
Analyze My Lease FreeEducational tool — not legal advice. First analysis is free, no signup required.
More Montana lease law guides
- Montana rental lease laws — overview
- Montana security deposit limit
- Montana deposit return deadline
- Montana deposit interest rules
- Montana landlord entry notice
- Montana late fee laws
- Montana rent grace period
- Montana required disclosures
Prohibited Lease Clauses in other states
Educational information generated from state statute data — not legal advice. Consult a licensed attorney in Montana for your specific situation.