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 impose a few extremely strict, mandatory statutory disclosures that landlords must provide. The failure to include these disclosures can result in significant civil liability for the property owner.

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

As in the residential sector, Montana law mandates a highly specific mold disclosure for commercial leases.

Before executing any commercial lease agreement, the landlord must provide a written disclosure statement.

The Standard Warning

Every commercial lease must contain a clause advising the tenant that the premises cannot be perfectly sealed against mold, that moisture contributes to mold growth, and that the tenant is responsible for monitoring the environment and determining if a mold problem exists.

Prior Knowledge and Testing

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

• Disclose the results of the mold testing.
• Provide evidence of any subsequent treatment or remediation that took place to eradicate the mold.

If the landlord faithfully provides these disclosures and the commercial tenant acknowledges them in writing, the landlord is generally granted statutory immunity from civil liability regarding mold-related damages (which is critical in commercial real estate to avoid lawsuits over inventory ruin or employee health claims).

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.

See our Commercial Lease RequirementsIl-preview mhux disponibbli guide.

How Landager Helps

Landager tracks lease terms, payment deadlines, and important communications - making it easy to stay compliant with Montana regulations.

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