Montana Statewide Rule
Montana Lease Termination Notice Rules
Key Facts
- Month-to-month notice
- 30 days' written notice
- Week-to-week notice
- 7 days' written notice
- Fixed-term lease
- Ends on its own date; no notice needed
- Rent at end
- Apportioned on a daily basis
- Governing statute
- Mont. Code Ann. § 70-24-441
Summary
Under Mont. Code Ann. § 70-24-441, either party may end a month-to-month tenancy with at least 30 days' written notice and a week-to-week tenancy with 7 days' written notice. A fixed-term lease ends on its own date without notice. Rent is apportioned daily through the termination date.
(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
Mont. Code Ann. § 70-24-441 governs termination of periodic tenancies. The landlord or tenant may end 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.' A week-to-week tenancy requires written notice 'at least 7 days before the termination date specified in the notice.' The tenancy ends on the designated date regardless of the rent-payment cycle, and rent is apportionable on a daily basis. A fixed-term lease ends automatically at the end of its term without separate notice, unless the lease provides otherwise.
Violations & Penalties
No specific statutory penalty. A termination notice shorter than the required 30 days (month-to-month) or 7 days (week-to-week) is ineffective; the tenancy continues until a proper notice period runs.
Frequently Asked Questions
How much notice to end a month-to-month lease in Montana?
How much notice for a week-to-week tenancy in Montana?
Does a fixed-term lease in Montana require a termination notice?
Sources
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