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Commonly Asked Questions about Montana Lease Agreements

The primary difference between buying land and leasing it is obvious. Leased land reduces the cost of a home by 20 to 30%. Once a structure is built, the land beneath it can be of no other use to the homeowner.
A land lease, also known as a ground lease, is an arrangement in which a landowner (the lessor, in legal terminology) rents out the land to a tenant (or the lessee). A land lease can be used to purchase a home plus land, or simply to purchase land that you plan to develop later on.
Landlords cannot terminate a tenancy that is subject to a lease without reason, such as a tenants failure to pay rent or violation of a lease provision. After the proper termination notice has been served and the notice period has passed without resolution of the issue, the landlord can file an eviction lawsuit.
State Leased Property These are State-Leased properties. These is real estate where you dont own the land, the State of Montana does. The purchase price is for only the improvements on the property, like a cabin, outbuilding or dock and then you rent the land underneath.
In a nutshell, a ground lease (also sometimes called a land lease) is an agreement between a person who owns the land and a person who wants to build a property. The investor or property developer pays the landowner a monthly rent for the right to build there.
Montana is known to be a relatively landlord-friendly stateas evidenced by its ranking as the 18th most landlord-friendly state. This is because the state lacks rent control laws, has no limits on late fees, and only a few security deposit regulations. Additionally, the eviction process in Montana is fairly quick.
Disadvantages of a land lease The cost of leasing the land can increase each time your lease is renewed. Unlike traditional homeowners, youll build equity only on your home, not the land. Selling a home on leased land may be difficult.
In Montana, a landlord has the obligation to make repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition [70-24-303 (1)(b)]. A landlord cannot legally require the tenants to do or pay for the cleanup after the flooding, since the tenants didnt cause the flooding.