Montana law concerning violation fees

[Anthony Wienke]

If I have it set in the lease agreement that any violation of a rental property agreement will be assessed a $100.00 fee, do I need to give the tenant a warning letter for cease and desist first? (say for instance smoking or having pets on the property when they are not supposed to)

Didn't know the law concerning it and wanted to know if I can just add on that violation fee without a written warning first. If anyone from Montana knows something about it let me know.

Specifically, The residential landlord tenant act of 1977 states in section 70-24-321 (F) "Tenant shall conduct oneself and require other persons on the premises with the tenants consent to conduct themselves in a manner that will not disturb the tenants neighbors' peaceful enjoyment of the premises."

Where im getting at with this is the tenant in question is smoking on the premises and have had two complaints about it. Is it legal to go ahead and tack on that $100.00 violation fee with the cease and desist or get out nasty gram im going to send them? I did have it in the lease agreement they signed.

Thanks for any info