Montana Commercial Required Disclosures - what are commercia
Learn about the mandatory disclosures for commercial property transactions in Montana, focusing on the strict requirements for mold and environmental hazards.
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This content is for general informational and educational purposes only. It does not constitute legal advice and should not be relied upon as such. Laws change frequently — always verify current regulations and consult a licensed attorney in your jurisdiction for advice specific to your situation. Landager is a property management platform, not a law firm.Information last verified: May 2026.
Montana Commercial Required Disclosures
Official Law Citation: Montana Code Annotated Title 70, Chapter 26 and Title 75 (Environmental Protection). Montana law imposes specific mandatory disclosure requirements for mold, radon, and methamphetamine or fentanyl contamination for commercial properties.
While Montana law assumes commercial parties will conduct due diligence, the state mandates specific disclosures for environmental and health hazards that apply to "inhabitable real property," which includes buildings designed as places of business.
1. The Mold Disclosure (MCA § 70-16-703)
Under MCA § 70-16-703, mold disclosure rules apply to "inhabitable real property." Per MCA § 70-16-702, this definition explicitly includes any building designed as a place of business, including warehouses, office buildings, and industrial sites.
Mandatory Disclosure of Known Mold
Landlords and sellers must disclose the presence of mold if they have actual knowledge of it prior to or upon entry into a contract for purchase, rent, or lease. Furthermore, if the building has been tested for mold, the owner must:
- Advise the tenant or buyer that testing has occurred.
- Provide a copy of the test results, if available.
- Provide evidence of any subsequent mitigation or treatment.
The Standard Warning and Immunity
A landlord or seller may provide a standard written disclosure statement (the "Mold Disclosure" warning) on at least one document executed prior to or contemporaneously with the offer. While providing this specific warning text is optional, doing so—combined with the mandatory disclosure of known mold and test results—grants the owner statutory immunity from civil liability regarding the presence of mold.
2. Radon Disclosure (MCA § 75-3-606)
For the purchase and sale of inhabitable real property, including commercial buildings, a specific radon disclosure statement must be provided on at least one document executed prior to or contemporaneously with the offer. If the seller knows the building has been tested for radon, they must provide the results and evidence of mitigation to the buyer.
3. Methamphetamine and Fentanyl Contamination (MCA § 75-10-1305)
Under MCA § 75-10-1305, an owner of inhabitable property (residential or commercial) who knows the property was used as a clandestine methamphetamine or fentanyl drug lab, or has been contaminated by the consumption (smoke) of methamphetamine or fentanyl, must notify any subsequent occupant or purchaser in writing before a lease or sale agreement is signed.
This disclosure requirement is only lifted once the property has been certified as remediated to Department of Environmental Quality (DEQ) standards and removed from the state's registry of contaminated properties.
4. Asbestos and Environmental Hazards
For older commercial buildings (especially industrial sites and older office buildings), landlords should be aware of federal regulations regarding asbestos. While not a Montana-specific law, the presence of Asbestos-Containing Materials (ACM) must be disclosed to commercial tenants and contractors performing build-outs or renovations.
In complex commercial leases, landlords often require tenants to sign extensive environmental indemnification clauses, protecting the landlord if the tenant's business operations introduce hazardous materials to the site.
See our Commercial Lease Requirements guide.
How Landager Helps
Landager tracks lease terms, payment deadlines, and important communications - making it easy to stay compliant with Montana regulations.
Sources & Official References
Frequently Asked Questions
▶What are the Montana landlord-tenant laws every property owner should know?
Residential tenancies in the Treasure State are primarily governed by the Montana Residential Landlord and Tenant Act of 1977 (MRLTA). This guide covers the essential compliance requirements for property owners and landlords.
Read the complete guide▶What is the Montana eviction process and how long does it take?
The Montana eviction process requires landlords to provide written notice to tenants before filing a court action. The type and length of notice depends on the reason for eviction — typically shorter for non-payment of rent and longer for lease violations or no-fault terminations. Self-help evictions (changing locks, removing belongings, shutting off utilities) are illegal in Montana. The full court process varies but typically takes several weeks.
Read the complete guide▶What are the Montana security deposit rules and return deadlines?
Montana has specific rules governing how much landlords can charge for security deposits, how deposits must be held, and the deadline for returning deposits after a tenant moves out. Landlords must provide an itemized statement of any deductions made from the deposit. Failure to comply with deposit return deadlines can result in penalties and the forfeiture of the landlord's right to claim deductions.
Read the complete guide▶What are the Montana rent increase laws and caps for landlords?
Montana has specific rules governing when and how landlords can increase rent. During a fixed-term lease, rent generally cannot be increased unless the lease explicitly allows it. For month-to-month tenancies, landlords must provide proper written notice before an increase takes effect. Check whether Montana has any local rent control ordinances that may impose additional caps or requirements.
Read the complete guide▶What is the grace period for late rent in Montana?
Montana has specific rules regarding grace periods for late rent and the amount that can be charged as a late fee. Late fee provisions must be stated in the lease agreement, and fees must be reasonable. Check Montana state law and any applicable local ordinances for the exact grace period and late fee limits that apply to your rental property.
Read the complete guide▶What disclosures must Montana landlords provide to tenants?
Montana landlords must provide certain disclosures to tenants before or at the time of lease signing. Common required disclosures include lead-based paint hazards (for pre-1978 buildings, a federal requirement), the identity of the landlord or property manager, and any known material defects in the property. Additional state-specific disclosures may include flood risk, mold hazards, and environmental conditions.
Read the complete guide▶What are the Montana lease requirements for rental properties?
Montana recognizes both written and oral leases, though written leases are strongly recommended for terms longer than one year. Lease agreements should include the rent amount, payment due date, security deposit terms, maintenance responsibilities, and rules regarding entry, pets, and subletting. Certain lease clauses that waive tenant statutory rights may be void and unenforceable under Montana law.
Read the complete guide▶What are Montana landlord maintenance obligations and habitability standards?
Montana landlords must maintain rental properties in a condition that is fit for habitation and complies with applicable building, housing, and health codes. This includes maintaining structural integrity, plumbing, heating and cooling systems, electrical systems, and pest control. Tenants typically have the right to request repairs in writing, and if repairs are not made within a reasonable time, tenants may have legal remedies available.
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