Montana Commercial Lease Guide

Commercial Lease Guide for Montana

A practical, tenant-focused guide to reviewing Montana commercial leases — not legal advice.

Key Lease Considerations

Montana lease economics often hinge on property conditions and operations: snow removal, utilities, and maintenance responsibilities can matter more than rent.

If you’re leasing outside a dense commercial corridor, confirm access, parking, and infrastructure (power capacity, HVAC, water/septic, and internet) so the space supports your business model.

Major markets

Where we see the most leasing activity.

Billings
Bozeman
Missoula
Helena
Kalispell

Common lease types

Typical structures and what to watch.

Retail: NNN or modified gross (CAM scope and reconciliation)
Office: modified gross (utilities and expense escalations)
Industrial/Flex: NNN (yard, loading, and exterior maintenance)

Cost drivers

Items that often create surprise bills.

Snow/ice removal scope and winter exterior maintenance
Utilities and capacity (electric, gas, internet) and how they’re allocated
CAM definitions, admin fees, and capital replacement pass-throughs
Roof/HVAC/pavement replacement exposure
Rural site due diligence (access, drainage, water/septic, and shared driveways)

Negotiation checklist

Define snow and exterior maintenance

Write down who clears what (parking, sidewalks, loading areas, roof) and the service level. Avoid vague “tenant responsible for all snow” clauses without a budget.

CAM transparency + exclusions

Require a CAM budget, annual reconciliation, and audit rights. Exclude capital replacements (or require amortization) and cap management/admin fees.

Utilities allocation clarity

If utilities are shared, require a clear allocation method (submetering preferred) and documentation. Confirm any utility capacity requirements for your equipment.

Repairs vs. replacement limits

Spell out who pays for replacement of roof/HVAC/pavement. If the tenant maintains systems, negotiate caps or amortization for capital items.

Access, parking, and signage

Confirm access/egress, snow storage areas, parking counts, loading zones, and signage rights in writing with clear remedies if conditions change.

Property condition documentation

Document condition at move-in (photos and a punch list). Avoid broad “as-is” language that shifts pre-existing defects to the tenant.

Rent start tied to readiness

Tie rent commencement to delivery of a usable premises and required approvals (buildout completion, permits/CO if applicable, and landlord work).

Official resources

Montana Secretary of State — business search Montana Department of Revenue Montana SBDC (Department of Commerce)

Not legal advice. Always verify local requirements and consult qualified professionals for your situation.

Common Red Flags in Montana

Commercial real estate in Montana typically favors the landlord in standard lease drafts. Whether you are in Helena or elsewhere, you need to watch out for:

Uncapped NNN Charges: Variable costs like property taxes and insurance can skyrocket.
Broad Indemnification: Clauses that require you to pay for the landlord's negligence.
Relocation Clauses: Rights for the landlord to move your business to a worse location.

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Frequently Asked Questions

Are NNN leases common in Montana?

Yes — many retail and industrial/flex spaces use NNN or modified gross structures. Get a clear CAM definition and reconciliation terms so costs are predictable.

What’s the biggest Montana “hidden cost” risk?

Winter operations and maintenance responsibilities. Snow removal scope, exterior maintenance, and utilities allocation should be written down and budgeted.

What should I verify for a rural or small-market Montana location?

Confirm access/parking, power and internet capacity, and any water/septic or drainage concerns. Put responsibilities and remedies in writing so surprises don’t become your cost.

How do I avoid a surprise roof or HVAC replacement bill?

Define repair vs. replacement in writing and negotiate caps or amortization for capital items. Don’t accept vague “tenant maintains” clauses without limits.

Does BizLeaseCheck provide legal advice?

No. It helps you spot common risks and compare leases quickly, but it’s not legal advice. Use it alongside qualified professional review for your situation.