Montana Statewide Rule
Montana Residential Landlord-Tenant Act Sets Eviction Grounds
Key Facts
- Statute
- MCA Title 70, Ch. 24
- Month-to-month notice
- 30 days
- Nonpayment notice
- 3 days
- Just cause
- Not required
Summary
Montana's Residential Landlord and Tenant Act establishes statewide eviction procedures and grounds. Cities cannot impose just-cause eviction requirements beyond state law, which permits non-renewal of month-to-month tenancies with proper notice.
70-24-441. Termination by landlord or tenant. (1) The landlord or the tenant may terminate a week-to-week tenancy by a written notice given to the other at least 7 days before the termination date specified in the notice. (2) The landlord or the tenant may terminate a month-to-month tenancy by giving to the other at any time during the tenancy at least 30 days' notice in writing prior to the date designated in the notice for the termination of the tenancy. (3) The tenancy terminates on the date designated and without regard to the expiration of the period for which, by the terms of the tenancy, rents are to be paid. Unless otherwise agreed, rent is uniformly apportionable from day to day.
Full Breakdown
Title 70, Chapter 24 MCA codifies the Montana Residential Landlord and Tenant Act, which governs all eviction procedures. Landlords may terminate month-to-month tenancies for any non-discriminatory reason with 30 days' written notice under MCA 70-24-441. For-cause terminations include nonpayment (3-day notice), lease violations (14/30-day cure), and substantial damage (3-day no-cure). Local just-cause eviction ordinances are preempted because Title 70 occupies the field of landlord-tenant relations. Federal fair housing and source-of-income protections still apply.
Violations & Penalties
Improper eviction procedures expose landlords to wrongful eviction claims, statutory damages of three months' rent, and attorney fees under MCA 70-24-411.
Frequently Asked Questions
Does Montana require landlords to have a reason to evict?
Can my city require just-cause eviction protections?
Sources
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