Commercial Lease Laws in Montana
Don't sign a lease in Montana until you understand the local statutes, tax implications, and common landlord traps.
Key Statutes & Considerations
Montana has no general sales tax, but NNN pass-throughs still apply (property taxes, insurance, CAM). Negotiate caps and audit rights so occupancy costs don’t drift.
Ensure your lease requires written notice and cure before any wrongful detainer filing, and avoid lockout/self-help language that can disrupt operations.
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
Is a Triple Net (NNN) lease legal in Montana?
Yes, NNN leases are the industry standard for commercial retail and office space in Montana. They shift the burden of property taxes, insurance, and maintenance to the tenant.
Can I negotiate my commercial lease in Montana?
Absolutely. Unlike residential leases, commercial leases are presumed to be negotiated between equal parties. Never sign the first draft.