Montana Code Annotated 2019

TITLE 70. PROPERTY

CHAPTER 6. BAILMENT -- DEPOSIT

Part 6. Self-Storage Facilities Act

Renter Default -- Access Restriction

70-6-606. Renter default -- access restriction. (1) The operator has the right to deny the renter access to the leased space at the self-storage facility if:

(a) the rent or other charges due from the renter is delinquent and unpaid;

(b) the leased space is being used for residential or other unlawful purposes; or

(c) the renter fails to vacate the leased space after the rental agreement is terminated in accordance with its terms.

(2) A reasonable late fee may be imposed and collected by an operator for each period that a renter does not pay rent or other charges when due under the rental agreement if the amount of the late fee and the conditions for imposing the fee are stated in the rental agreement or in an addendum to that agreement. A late fee of $20 or 20% of the monthly rent, whichever is greater, is a reasonable fee and may not be considered a penalty. Any reasonable expense incurred as a result of rent collection or lien enforcement by an operator may be charged to the renter in addition to late fees.

(3) A renter who purposely or knowingly accesses a leased space after having been in default of the rental agreement and denied access under subsection (1) may be prosecuted under Title 45, chapter 6.

History: En. Sec. 6, Ch. 222, L. 2017; amd. Sec. 4, Ch. 67, L. 2019.