Official Law Citation: Montana Code Annotated Title 70, Chapter 26 governs commercial leases, but does not impose strict statutory disclosure checklists like those found in residential codes.

While Montana law typically assumes commercial tenants will conduct their own rigorous due diligence before signing a lease, the state does have statutory disclosure rules regarding mold that can apply if the commercial property qualifies as "inhabitable real property."

1. The Mold Disclosure (MCA § 70-16-703)

Under MCA § 70-16-703, mold disclosure rules apply specifically to "inhabitable real property," which generally excludes non-residential commercial properties like warehouses or industrial sites but may apply to mixed-use or specific commercial spaces.

The Standard Warning

For applicable properties, the landlord may provide a standard written disclosure statement advising the tenant about mold. Providing this standard warning clause is optional, not mandatory, but doing so is required to obtain statutory immunity from liability.

Prior Knowledge and Testing

Crucially, if the landlord actually knows that mold is present in the applicable building, or if the building has been previously tested for mold, they must explicitly disclose this to the tenant prior to signing. Furthermore, the landlord must:

• Advise the tenant that testing has occurred and provide a copy of the results, if available.
• Provide evidence of any subsequent mitigation or treatment that took place.

If the landlord provides the optional standard disclosure and complies with the mandatory disclosure of known mold and test results, the landlord is granted statutory immunity from civil liability regarding mold-related damages.

2. Methamphetamine Contamination

Under Montana's Methamphetamine Cleanup Act, if a commercial property (e.g., a warehouse or secluded industrial site) was previously used as a clandestine methamphetamine drug lab, and the landlord was officially notified of this by state authorities, the landlord must disclose this to all prospective tenants.

This disclosure requirement is typically lifted only once the property has been fully decontaminated to strict Department of Environmental Quality (DEQ) standards and removed from the state's registry of contaminated properties.

3. 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.

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