Montana Tenant Screening
Last Updated: January 30, 2015
Approximately 31,300,000 acres, or 35 percent of Montana’s land is administered by federal or state agencies. The U.S. Department of Agriculture Forest Service administers 16,800,000 acres of forest land in ten National Forests. There are approximately 3,300,000 acres of wilderness in 12 separate wilderness areas that are part of the National Wilderness Preservation System established by the Wilderness Act of 1964.
How to Screen a Tenant in Montana
DISCLAIMER: We do our best to keep this information accurate and up-to-date, but we cannot guarantee either. The most recent law changes may not be reflected here. We do not intend this information to be legal advice, nor are we qualified to advise you regarding legal matters. We highly recommend consulting a lawyer qualified to discuss landlord-tenant law to advise you. We do not specifically endorse any of the websites linked from these pages, nor are we in any way affiliated with the agencies or individuals who have published them. We cannot guarantee the accuracy of information posted on these sites. If you find a problem on this page, please contact us so that we can get it fixed.
Step 1: Know Your Rights & Responsibilities
Landlords and property managers are subject to the Fair Credit Reporting Act [PDF] (FCRA) during the tenant screening process. Additionally, Montana has laws that affect the tenant screening process. You can find the current Montana Housing Codes here. If you are finding the formalities of the state code daunting, you might want to check out these friendlier sites:
- Overview of Landlord-Tenant Laws in Montana
- Montana Public Interest Research Group – Tenant-Landlord Guide
Recent Law Changes
On October 1, 2013 modifications to MCA 70-24-430 of the Montana Residential Landlord Tenant Act, as set forth in HB 368 took effect. HB 368 allows a landlord or property manager to discard, after 48 hours, certain personal property if the landlord has clear and convincing evidence that said items have been abandoned and that said items are trash or personal property that is “hazardous, perishable, or valueless.” 70-24-430 – Disposition of personal property abandoned
Step 2: Required Forms & Disclosures
Tip: before you rent for the first time, consider hiring a lawyer to review all of the documents you will use during the application and rental process to ensure that you are protected to the fullest extent of the law.
- Rental Application [PDF] (this must be completed in full by the applicant prior to screening)
- Summary of Your Rights Under the Fair Credit Reporting Act [PDF]
- Consumer Report Disclosure [PDF]
If you are ACCEPTING an applicant:
- Move-In Checklist [PDF]
- Mold: In 2003, Montana passed The Mold Disclosure Act. Under the law, a seller or landlord is required to disclose the presence of mold, if they know of such a problem. The seller or landlord must provide a written mold disclosure statement when they are offering to sell or rent you a house or apartment. (MONT CODE ANN 70-16-703)
- Lease Agreement (written), containing or attaching the following information:
- Owner/Agent Identity – this should include name and address, and if the owner/agent is out-of-state it must include contact information for a resident of the COUNTY in which the rental is located that can act as an agent for the purposes of serving notices and process.
- Security Deposit – this must include the amount of the deposit and the conditions under which some or all of the deposit may be withheld. It must also include the name and banking institution holding the deposit.
- Non-refundable Fees – explicitly describe any non-refundable fees, and state clearly that they are non-refundable.
- Fire Protection & Safety Information: You must disclose the available fire protection and safety information specific to the unit you are renting, including smoking policy, evacuation plans, and who to notify in case of emergency.
- Move-In Checklist: In Montana, checklists are required when landlords collect a security deposit. (Mont. Code Ann. 70-25-206)
- Owner Or Agent Identity: In Montana, a landlord or a person authorized to enter into a rental agreement on his behalf must disclose to the tenant in writing at or before the commencement of the tenancy the name and address of the person authorized to manage the premises; and the owner of the premises or a person authorized to act for the owner for the purpose of service of process and receiving notices and demands. (Mont. Code Ann. 70-24-301)
If you are DECLINING an applicant:
- Adverse Action Notice [PDF]
Step 3: Order a Tenant Screening Report
What You’ll Need
- A completed rental application signed by the applicant.
- Some details about your applicant:
- Email address
- Date of birth
- Social Security number
- Previous address
- Bank account number (optional)
- Bank routing number (optional)
What Will Be Covered
- Package Options
- Background Report Coverage for Montana:
- Criminal, OFAC/Patriot Act & Sex Offender Records – A nationwide search is always performed. These jurisdictions specifically are available in Montana: MT Department Of Corrections, MT Sex Offender Registry.
- Eviction Records – records are available from the following counties: Beaverhead, Big Horn, Blaine, Broadwater, Carbon, Carter, Cascade, Chouteau, Custer, Daniels, Dawson, Deer Lodge, Fallon, Fergus, Flathead, Gallatin, Garfield, Glacier, Golden Valley, Granite, Hill, Jefferson, Judith Basin, Lake, Lewis And Clark, Liberty, Lincoln, Madison, Mc Cone, Meagher, Mineral, Missoula, Musselshell, Park, Petroleum, Phillips, Pondera, Powder River, Powell, Prarie, Ravalli, Richland, Roosevelt, Rosebud, Sanders, Sheridan, Silver Bow, Stillwater, Sweet Grass, Teton, Toole, Treasure, Valley, Wheatland, Wibaux, Yellowstone.
- Bankruptcies, Liens & Judgments – records are available from the following counties: Beaverhead, Big Horn, Blaine, Broadwater, Carbon, Carter, Cascade, Chouteau, Custer, Daniels, Dawson, Deer Lodge, Fallon, Fergus, Flathead, Gallatin, Garfield, Glacier, Golden Valley, Granite, Hill, Jefferson, Judith Basin, Lake, Lewis and Clark, Liberty, Lincoln, Madison, McCone, Meagher, Mineral, Missoula, Musselshell, Park, Petroleum, Phillips, Pondera, Powder River, Powell, Prairie, Ravalli, Richland, Roosevelt, Rosebud, Sanders, Sheridan, Silver Bow, Stillwater, Sweet Grass, Teton, Toole, Treasure, Valley, Wheatland, Wibaux, Yellowstone.
- Social Security Number validation, Death Index, credit checks, previous addresses, alias names, and the Rent Check Advisor® include all information available regardless of location.
Resources for Montana Landlords
- Montana State Bar Association Lawyer Referral
- Montana State Courts Information
- Law Enforcement Agencies in Montana (Wikipedia)