Montana move-in and move-out checklist
In Montana a landlord who cannot produce the condition report cannot deduct for damage. The generator builds the room-by-room report.
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What Montana requires
- Requirement
- A landlord who requires a deposit gives each tenant, when the lease is signed or the tenancy begins, a separate written statement of the premises' present condition, signed by the landlord or agent and noting if the unit has never been rented; on request, also the list of damage and cleaning charged to the previous tenant. Without them the landlord recovers nothing for damage or cleaning unless the tenant's damage is proved by clear and convincing evidence.
- Deductions
- Depend on this report existing.
- Statute
- Mont. Code Ann. § 70-25-206
Montana checklist FAQ
A landlord who requires a deposit gives each tenant, when the lease is signed or the tenancy begins, a separate written statement of the premises' present condition, signed by the landlord or agent and noting if the unit has never been rented; on request, also the list of damage and cleaning charged to the previous tenant. Without them the landlord recovers nothing for damage or cleaning unless the tenant's damage is proved by clear and convincing evidence. (Mont. Code Ann. § 70-25-206)
The report is a condition of deducting for damage. Without it the landlord is left arguing about the unit's condition from memory, and in Montana the statute resolves that argument in the tenant's favor.
Nail holes, faded paint, light carpet wear and loose handles from ordinary use are wear and tear. Burns, stains, holes, broken fixtures and anything that needs more than routine cleaning is damage. Mark wear as "fair" with a note; reserve "damaged" for what a tenant could be charged for, and photograph it.
Other states
Arizona · Georgia · Kentucky · Massachusetts · Michigan · Tennessee · Washington · Montana deposit itemization
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