Montana Code 70-6-606. 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:
Terms Used In Montana Code 70-6-606
- Default: means the failure to timely perform an obligation or duty set forth in a rental agreement or this part. See Montana Code 70-6-602
- Knowingly: means only a knowledge that the facts exist which bring the act or omission within the provisions of this code. See Montana Code 1-1-204
- Leased space: means the individual storage space at a self-storage facility that is rented to a renter pursuant to a rental agreement. See Montana Code 70-6-602
- Lien: A claim against real or personal property in satisfaction of a debt.
- Operator: means the owner, operator, lessor, or sublessor of a self-storage facility or an agent or another person authorized to manage the facility or to receive rent from a renter under a rental agreement. See Montana Code 70-6-602
- Rental agreement: means a written agreement or lease that establishes or modifies the terms, conditions, or rules concerning the use and occupancy of a leased space at a self-storage facility. See Montana Code 70-6-602
- Renter: means a person entitled to the use of a leased space at a self-storage facility under a rental agreement or the person's successors or assigns. See Montana Code 70-6-602
- Self-storage facility: means real property consisting of individual storage spaces in which a renter customarily stores and removes personal property on a self-service basis. See Montana Code 70-6-602
(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.