Official Law Citation: Mold disclosures and liability immunity are governed by Montana Code Annotated 70-16-703 for residential rental agreements.

Montana provides a set of specific statutory disclosures that landlords may or must provide to prospective tenants. Primarily governed by the Montana Residential Landlord and Tenant Act of 1977 and the Mold Disclosure Act (MCA 70-16-701 et seq.), these provisions ensure transparency regarding property safety and management.

1. Mold Disclosure and Liability Immunity

Under MCA § 70-16-703, a mold disclosure statement may be provided on at least one document, form, or application executed prior to or contemporaneously with an offer for the rental or lease of inhabitable real property. While not strictly mandated for all leases, providing this disclosure—along with disclosing any known mold or prior testing—grants the landlord, landlord's agent, or property manager immunity from liability in any action based on the presence of or propensity for mold in the building.

The General Statement

The landlord or property manager may provide the following disclosure statement to the tenant, and the tenant shall acknowledge receipt of this disclosure statement by signing a copy:

MOLD DISCLOSURE: There are many types of mold. Inhabitable properties are not, and cannot be, constructed to exclude mold. Moisture is one of the most significant factors contributing to mold growth. Information about controlling mold growth may be available from your county extension agent or health department. Certain strains of mold may cause damage to property and may adversely affect the health of susceptible persons, including allergic reactions that may include skin, eye, nose, and throat irritation. Certain strains of mold may cause infections, particularly in individuals with suppressed immune systems. Some experts contend that certain strains of mold may cause serious and even life-threatening diseases. However, experts do not agree about the nature and extent of the health problems caused by mold or about the level of mold exposure that may cause health problems. The Centers for Disease Control and Prevention is studying the link between mold and serious health conditions. The seller, landlord, seller's agent, buyer's agent, or property manager cannot and does not represent or warrant the absence of mold. It is the buyer's or tenant's obligation to determine whether a mold problem is present. To do so, the buyer or tenant should hire a qualified inspector and make any contract to purchase, rent, or lease contingent upon the results of that inspection.

Prior Testing and Known Mold

Whenever a landlord or their agent has knowledge that a building has mold present, they shall, prior to or upon entry into a contract for the rent or lease, disclose the presence of the mold to the renter.

Whenever a landlord knows that a building has been tested for mold, the landlord, prior to or upon entry into a contract for the rent or lease, shall:

• Advise the tenant that testing has occurred.
• Provide a copy of the test results (if available to the landlord).
• Provide evidence of any subsequent mitigation or treatment.

A prospective tenant who contracts for their own testing may receive the results and shall provide a copy of those results, if available, to the landlord. The furnishing of test results and evidence of mitigation is not to be construed as a promise, warranty, or representation that the test results are accurate or that the mitigation is effective. Furthermore, this statute does not create a right to rescind a contract unless such a right is an express term of the applicable agreement.

2. Methamphetamine Contamination Disclosure

Under Montana's Methamphetamine Cleanup Act (specifically MCA 75-10-1305), if a property has been used as a clandestine methamphetamine drug lab and the landlord has been officially notified of this by law enforcement or the environmental quality department, they must disclose this to all prospective tenants.

If the property has been effectively decontaminated according to state standards and legally removed from the state's contaminated properties registry, the disclosure requirement is usually lifted.

3. Landlord and Agent Identity

Per MCA § 70-24-301, the landlord must disclose in writing the name and address of:

• The person authorized to manage the premises.
• An owner of the premises, or a person authorized to act for and on behalf of the owner for the purpose of receiving notices, demands, and legal process.

4. Move-In Condition Statement

If a landlord collects any security deposit from the tenant, they must provide a written "Statement of Condition of the Premises" prior to the tenant taking possession. Without this prior disclosure of the baseline condition, the landlord cannot legally withhold security deposit funds for damages upon move-out. (See our Security DepositsPreview unavailable guide for more details).

5. Federal Lead-Based Paint Disclosure

While a federal rather than a state law, it is rigidly enforced in Montana. If the residential property was constructed prior to 1978, the landlord must:

1. Provide the tenant with the EPA-approved information pamphlet on identifying and controlling lead-based paint hazards ("Protect Your Family From Lead In Your Home").
2. Disclose any known information concerning lead-based paint or lead-based paint hazards in the building.
3. Include a specific Lead Warning Statement in the lease, along with an acknowledgment signed by the tenant.

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