Montana 30-Day Notice to Terminate Tenancy (No Cause / Month-to-Month)

MONTANA 30-DAY NOTICE TO TERMINATE TENANCY

(No Cause / Month-to-Month — Mont. Code Ann. § 70-24-441)

TABLE OF CONTENTS

1. Caption / Heading
2. Notice to Tenant
3. Identification of Premises and Tenancy
4. Termination Date
5. Rent Apportionment for Final Period
6. Move-Out Instructions
7. Security Deposit
8. Statement of Tenant Rights and Defenses
9. Reservation of Rights
10. Signature and Date
11. Proof of Service
12. Montana Practice Notes
13. Sources and References

1. CAPTION / HEADING

STATE OF MONTANA

30-DAY NOTICE TO TERMINATE TENANCY

(No Cause — Mont. Code Ann. § 70-24-441)

Date of Notice: [__/__/____]

Premises Address: [STREET ADDRESS, UNIT/APT NO., CITY, COUNTY, MT, ZIP]

2. NOTICE TO TENANT

TO: [TENANT'S FULL LEGAL NAME], and all other occupants of the premises described below.

YOU ARE HEREBY NOTIFIED, pursuant to Mont. Code Ann. § 70-24-441(2), that your month-to-month tenancy at the Premises identified in Section 3 below is TERMINATED effective at 11:59 p.m. on [__/__/____] (the "Termination Date"), which date is at least thirty (30) days after delivery of this Notice.

You and all other occupants must vacate the Premises and surrender possession to the Landlord on or before the Termination Date. If you remain in possession after the Termination Date, the Landlord may commence an action for possession under Mont. Code Ann. § 70-24-427 seeking possession, rent, and actual damages for breach of the rental agreement, together with costs and reasonable attorney fees to the prevailing party under Mont. Code Ann. § 70-24-442.

This Notice is given without cause and without prejudice to any other rights or remedies the Landlord may have under the rental agreement or applicable law.

3. IDENTIFICATION OF PREMISES AND TENANCY

Premises:

☐ Address: [________________________________]

☐ Unit / Apartment Number: [____]

☐ City: [________________________________]

☐ County: [________________________________], Montana

☐ ZIP: [____]

Rental Agreement / Tenancy:

☐ Date of Rental Agreement (if any): [__/__/____]

☐ Type of Tenancy:
☐ Month-to-month — 30 days' notice required (§ 70-24-441(2))
☐ Week-to-week — 7 days' notice required (§ 70-24-441(1))
☐ Holdover after expired fixed-term lease that has converted to month-to-month

☐ Current Monthly Rent: $[________]

☐ Rent Due Date: [__]th day of each month

☐ Daily Rental Rate (Monthly Rent ÷ days in month): $[________]

4. TERMINATION DATE

The tenancy terminates at 11:59 p.m. on: [__/__/____].

Section 70-24-441(2) requires the notice to be given "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." Time is computed by excluding the first day and including the last, unless the last day is a holiday, in which case it is also excluded (Mont. Code Ann. § 1-1-306); if the appointed day falls on a holiday or a Saturday, the act may be performed on the next business day (§ 1-1-307). Every Sunday is a legal holiday (§ 1-1-216(1)(a)). Where this Notice is mailed with a certificate of mailing or by certified mail, service is considered to have been made on the date 3 days after the date of mailing (Mont. Code Ann. § 70-24-108(1)(d)) — count the 30 days from that later date.

Per Mont. Code Ann. § 70-24-441(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."

5. RENT APPORTIONMENT FOR FINAL PERIOD

Pursuant to Mont. Code Ann. § 70-24-441(3), rent for the final partial rental period is uniformly apportionable from day to day, unless otherwise agreed. See also Mont. Code Ann. § 70-24-201(2)(d).

6. MOVE-OUT INSTRUCTIONS

On or before the Termination Date, the Tenant must:

☐ Remove all personal property from the Premises and from all storage areas, parking spaces, and common areas;

☐ Clean the Premises to the condition existing at move-in, ordinary wear and tear excepted;

☐ Return all keys, garage door openers, mail keys, and access cards to the Landlord at [ADDRESS] or by [METHOD];

☐ Provide a forwarding address for return of the security deposit;

☐ Schedule a joint move-out walk-through with the Landlord on [__/__/____] at [____ a.m./p.m.] (recommended but not required);

☐ Pay any apportioned rent through the Termination Date;

☐ Notify utility providers to discontinue service in Tenant's name effective on or after the Termination Date;

☐ File change-of-address with USPS;

☐ Forward all post-termination mail received at the Premises.

Failure to vacate by the Termination Date subjects the Tenant to liability for rent and actual damages for breach of the rental agreement (Mont. Code Ann. § 70-24-427(1)), costs, and reasonable attorney fees to the prevailing party (§ 70-24-442), in addition to an action for possession under § 70-24-427.

7. SECURITY DEPOSIT

The Tenant's security deposit will be handled in accordance with Mont. Code Ann. Title 70, chapter 25:

(a) No deductions claimed: Under Mont. Code Ann. § 70-25-202(1)(b)(i), if after inspection there are no damages to the premises, no cleaning required, and no rent unpaid, and the Tenant can demonstrate that no utilities are unpaid, the Landlord must return the security deposit within 10 days.

(b) Deductions claimed: Under Mont. Code Ann. § 70-25-202(1)(a)(i), within 30 days after termination of the tenancy or within 30 days after surrender and acceptance of the premises, whichever occurs first, the Landlord must provide a written list of any rent due and any damage and cleaning charges, accompanied by payment of the difference between the deposit and the permitted charges. Delivery of the list must be noticed pursuant to § 70-24-108.

(c) Cleaning charges may not be imposed for normal cyclical maintenance noted at the time of occupancy unless the Landlord is forced to perform it because of the Tenant's negligence, and may not be deducted until written notice is given stating the cleaning not accomplished and the additional cleaning needed. After delivery of that notice under § 70-24-108, the Tenant has 24 hours to complete the required cleaning (Mont. Code Ann. § 70-25-201(3)). If the notice is mailed by certified mail, service is considered made 3 days after mailing.

(d) Authorized deductions under Mont. Code Ann. § 70-25-201(1) are a sum equal to the damage alleged to have been caused by the Tenant, together with unpaid rent, late charges, utilities, penalties due under lease provisions, and other money owing to the Landlord at the time of deduction (including rent owed under § 70-24-441(3)), and a sum for actual cleaning expenses including a reasonable charge for the Landlord's labor. No amount may be deducted or withheld for any other purpose (§ 70-25-201(4)). At the request of either party, the premises may be inspected within 1 week prior to termination of the tenancy (§ 70-25-201(2)).

(e) Forwarding address for deposit refund: [________________________________]

(f) Right to dispute deductions by written demand and, if necessary, suit under Mont. Code Ann. § 70-25-204. No action may be maintained before the Tenant receives a written denial of the sum alleged to be wrongfully detained, or before the 30-day period (or the 10-day period where the Landlord indicated no damages, cleaning, unpaid rent, or unpaid utilities) has expired (§ 70-25-204(2)). Small claims jurisdiction is limited to $7,000 exclusive of costs (§ 25-35-502(1)); justice courts have concurrent jurisdiction with district courts in Title 70 ch. 24, 25, and 33 actions (§ 3-10-302).

8. STATEMENT OF TENANT RIGHTS AND DEFENSES

Tenants have rights under Montana law. You should consider the following:

(a) No Cause Requires No Reason — But Motive Matters. While Mont. Code Ann. § 70-24-441 permits no-cause termination of a month-to-month tenancy, the Landlord's underlying motive is still subject to challenge if it is retaliatory or discriminatory.

(b) Retaliation. Mont. Code Ann. § 70-24-431(1) prohibits a landlord from retaliating by increasing rent, decreasing services, or bringing or threatening to bring an action for possession after the tenant (i) complained of a violation materially affecting health and safety to a governmental agency charged with enforcement of a building or housing code, (ii) complained to the landlord in writing of a violation under § 70-24-303, or (iii) organized or became a member of a tenants' union or similar organization. Evidence of such a complaint within 6 months before the alleged retaliation creates a rebuttable presumption of retaliation, and the tenant has a defense in any retaliatory action for possession (§ 70-24-431(2)–(3)). The presumption does not arise if the complaint was made after notice of a proposed rent increase or diminution of services (§ 70-24-431(3)), and § 70-24-431(4) does not prevent an action for possession where the code violation was caused primarily by the tenant's lack of reasonable care, where the tenant is in default in rent, or where compliance requires alteration, remodeling, or demolition depriving the tenant of use of the unit. A rebuttable presumption requires the trier of fact to find retaliation unless and until evidence supporting nonexistence is introduced — it is not an absolute bar.

(c) Fair Housing / Discrimination. Termination motivated by sex, marital status, race, creed, religion, color, age, familial status, physical or mental disability, or national origin is an unlawful discriminatory practice under Mont. Code Ann. § 49-2-305(1) and may violate the federal Fair Housing Act (42 U.S.C. § 3601 et seq.). Section 49-2-305(5) also requires reasonable accommodations in rules, policies, practices, or services when necessary to allow a person with a disability equal opportunity to use and enjoy the housing; see also Mont. Code Ann. § 70-24-114 (emotional support animal documentation).

(d) Subsidized Housing. If the Premises are subject to a federal subsidy (Section 8 Housing Choice Voucher, project-based Section 8, public housing, USDA Rural Development, LIHTC), federal law requires "good cause" for termination, and a Montana 30-day no-cause notice is generally INSUFFICIENT. Consult the relevant HUD or USDA regulations and your subsidized lease addendum.

(e) Defective Notice. A notice that gives less than 30 days, that is not in writing, that misidentifies the Premises, or that is improperly served may not support an eviction.

(f) Self-Help Prohibited. Under Mont. Code Ann. § 70-24-411, if the Landlord unlawfully removes or excludes the Tenant or purposefully diminishes services by interrupting heat, running water, hot water, electricity, gas, or other essential services — even after the Termination Date — the Tenant may recover possession or terminate the rental agreement and, in either case, recover an amount not more than 3 months' periodic rent or treble damages, whichever is greater; on termination the Landlord must return all security recoverable under Title 70, chapter 25, and all prepaid rent. Section 70-24-411 contains no attorney fee provision; fees are governed by § 70-24-442.

(g) Security Deposit. If the Landlord wrongfully withholds your security deposit or any portion of it, Mont. Code Ann. § 70-25-204(1) makes the Landlord liable in a civil action for an amount equal to the sum wrongfully withheld or deducted. Attorney fees may be awarded to the prevailing party at the discretion of the court — the statute sets no bad-faith condition and provides no multiplier. The burden of proving damages caused by the Tenant is on the Landlord.

(h) Free Legal Help. Montana Legal Services Association (mtlsa.org); Montana Law Help (montanalawhelp.org); Montana Fair Housing (montanafairhousing.org). Low-income tenants may qualify for free representation.

9. RESERVATION OF RIGHTS

Landlord expressly reserves all rights and remedies available under the rental agreement, the Montana Residential Landlord and Tenant Act of 1977 (Mont. Code Ann. Title 70, chapter 24), Title 70, chapter 25 (Residential Tenants' Security Deposits), and Montana common law, including without limitation the right to:

(a) commence an action for possession under Mont. Code Ann. § 70-24-427 after the Termination Date if Tenant remains in possession;

(b) recover rent and actual damages for breach of the rental agreement (Mont. Code Ann. § 70-24-427(1)) and, on a purposeful holdover after this no-cause 30-day notice, an amount not more than 3 months' periodic rent or treble damages, whichever is greater (§ 70-24-429(3));

(c) deduct authorized amounts from the security deposit and pursue any deficiency;

(d) recover court costs and reasonable attorney fees, together with necessary disbursements, as the prevailing party under Mont. Code Ann. § 70-24-442(1) — a statutory entitlement available notwithstanding an agreement to the contrary, with "prevailing party" meaning the party in whose favor final judgment is rendered (§ 70-24-442(2)).

Acceptance of any rent during the 30-day period does not waive the termination so long as the rent applies to the period before the Termination Date or is expressly accepted with reservation of rights in writing.

10. SIGNATURE AND DATE

Dated this [____] day of [_____________], [____].

LANDLORD / AUTHORIZED AGENT:

Signature: [________________________________]

Printed Name: [________________________________]

Title: ☐ Owner ☐ Property Manager ☐ Authorized Agent ☐ Attorney

Company: [________________________________]

Address: [________________________________]

Telephone: [________________________________]

Email: [________________________________]

11. PROOF OF SERVICE

The undersigned served this 30-Day Notice to Terminate Tenancy on the Tenant(s) named above by a method constituting notice under Mont. Code Ann. § 70-24-108(1), as follows:

☐ Actual knowledge — the Tenant has actual knowledge of this Notice (§ 70-24-108(1)(a)). Describe basis: [________________________________]

☐ Delivered in hand to the Tenant on [__/__/____] at [____ a.m./p.m.] at [ADDRESS] (§ 70-24-108(1)(d)).

☐ Mailed with a certificate of mailing to the place indicated by the Tenant for receipt of communications, or in the absence of a designation, to the Tenant's last-known address, on [__/__/____] (§ 70-24-108(1)(d)). Service is considered made 3 days after the date of mailing.

☐ Certified mail to [ADDRESS] on [__/__/____], tracking no. [____] (§ 70-24-108(1)(d)). Service is considered made 3 days after the date of mailing.

☐ Electronic mail transmitted to the address the Tenant provided in the rental agreement, at [EMAIL], on [__/__/____] (§ 70-24-108(1)(c)). Notice by electronic mail is complete only on receipt of a read receipt generated by an electronic mail system, or an electronic mail reply other than an automatically generated reply. Attach the read receipt or reply: [________________________________]

Server:

Signature: [________________________________]

Printed Name: [________________________________]

Address: [________________________________]

Date of Proof: [__/__/____]

12. MONTANA PRACTICE NOTES

This is a chapter 24 action, not an FED action. Mont. Code Ann. § 70-27-101(1) provides that the Forcible Entry and Unlawful Detainer chapter "does not apply to arrangements governed by chapter 24 of this title," except as to forcible entry and forcible detainer as defined in § 70-27-103(2). The landlord's post-termination claim for possession, rent, and actual damages arises under § 70-24-427(1). Under § 70-24-427(2)(a) the action must be heard within 10 business days after the tenant's appearance or the answer date in the summons; the court must rule within 5 days after the hearing and, if possession is granted, issue a writ of possession and writ of assistance immediately, with the sheriff executing the writ of assistance within 5 business days of receipt (§ 70-24-427(4)).

Computation of 30 days. Mont. Code Ann. §§ 1-1-306 and 1-1-307 govern: exclude the first day, include the last unless it is a holiday; if the appointed day is a holiday or Saturday, the act may be performed on the next business day. Every Sunday is a legal holiday (§ 1-1-216(1)(a)). The 30-day period need NOT align with the rent due date — § 70-24-441(3) expressly provides the tenancy terminates on the date designated "without regard to the expiration of the period for which, by the terms of the tenancy, rents are to be paid." Where the notice is mailed with a certificate of mailing or by certified mail, service is considered made 3 days after the date of mailing (§ 70-24-108(1)(d)) — count the 30 days from that date. Best practice: build in a buffer beyond the strict minimum.

Fixed-term leases. A 30-day no-cause notice does NOT terminate a fixed-term lease early. For fixed-term leases, options are: (i) wait for natural expiration (and serve a 30-day non-renewal notice in advance); (ii) negotiate a mutual termination; or (iii) serve a § 70-24-422 cause notice if the tenant has materially breached.

Week-to-week tenancies. At least 7 days' written notice before the termination date specified in the notice (Mont. Code Ann. § 70-24-441(1)). Adapt this template by changing 30 days to 7 and adjusting language accordingly.

Holdover. If Tenant remains after the Termination Date, the Landlord must file an action for possession under Mont. Code Ann. § 70-24-427 and may NOT engage in self-help (§ 70-24-411). Mont. Code Ann. § 70-24-429(3) is directly on point for this notice: if the term is month-to-month, the landlord terminates without cause and issues a lawful 30-day notice, and the tenant remains after the termination date, the holdover is purposeful and the landlord may recover an amount not more than 3 months' periodic rent or treble damages, whichever is greater. (Section 70-24-429(2) provides the parallel remedy for a longer-than-month-to-month term terminated with cause where the holdover is purposeful and not in good faith.) Note the separate treble-rent provision at § 70-27-208 runs the other way — it applies where a tenant gave notice of intention to quit and then held over — and sits in the FED chapter that § 70-27-101(1) makes inapplicable to chapter 24 arrangements; do not cite it here.

Answer deadline in the possession action. Under Mont. Code Ann. § 70-24-429(4), the Montana Justice and City Court Rules of Civil Procedure (Title 25, chapter 23) apply in an action for possession or unlawful holdover, except that the time for filing an answer under Rule 4C(2)(b) is 5 business days after service of the summons and complaint, exclusive of the date of service.

Consent to continued occupancy. If the Landlord consents to the Tenant's continued occupancy, Mont. Code Ann. § 70-24-201(2)(e) applies (§ 70-24-429(5)) — the tenancy is week-to-week for a roomer paying weekly rent and month-to-month in all other cases.

Subsidized properties. Federal "good cause" standards govern Section 8 / public housing / LIHTC properties. A Montana no-cause notice will not support eviction in those properties. Use HUD-form notices and consult HUD regulations (24 C.F.R. Part 982 for HCV; 24 C.F.R. Part 247 for project-based Section 8).

Mobile home lot rentals. A Title 70, chapter 33 tenancy may be terminated only on the grounds enumerated in Mont. Code Ann. § 70-33-433(1), each with its own notice period; there is no bare no-cause termination, though § 70-33-433(1)(m) permits termination for "any legitimate business reason not covered elsewhere" on a minimum of 90 days' written notice. A change in the use of the land requires 180 days' notice under § 70-33-433(1)(l), plus the additional notices in § 70-33-433(2): at least 15 days' notice before the landlord appears before a unit of local government to request change-of-use permits, and 6 months' written notice of termination after the permits are approved (or, if no permits are required, at least 6 months before the change of use). (Section 70-33-431 is the mobile home retaliation provision, and § 70-33-434 is the attorney fee provision — neither governs no-cause termination or change of use.) The possession action is § 70-33-427 and notice is given under § 70-33-106.

Acceptance of rent after Termination Date. Acceptance of rent after the Termination Date generally creates a new month-to-month tenancy and waives the prior termination, unless the Landlord expressly reserves rights in writing.

Forum and appeal. Justice courts have concurrent jurisdiction with district courts in actions brought under Title 70, chapters 24, 25, and 33 (Mont. Code Ann. § 3-10-302). Appeal to the district court must be taken within 30 days after rendition of judgment (§ 25-33-102) and is tried anew (§ 25-33-301(1)) — except that an appeal from a justice's court of record is on the record (§ 25-33-301(3)). Confirm the county court's status before assuming trial de novo.

Local ordinances. Verify applicable city/county ordinances for any additional tenant-protection requirements before serving; do not assume a local protection exists without reading the current municipal code.

Current-law check. Verified against the Montana Code Annotated 2025 edition at mca.legmt.gov on 2026-08-01. Section 70-24-441 was last amended by Ch. 267, L. 2007; § 70-25-201 and § 70-25-202 were both amended by Ch. 656, L. 2025; § 70-24-201 was amended by Ch. 768, L. 2025. The 2025 bills that would have revised residential landlord-tenant notice periods (HB 776, HB 800) died in process. Verify the current text before each use.

13. SOURCES AND REFERENCES

• Mont. Code Ann. § 70-24-441 (Termination by landlord or tenant): https://mca.legmt.gov/bills/mca/title_0700/chapter_0240/part_0040/section_0410/0700-0240-0040-0410.html
• Mont. Code Ann. Title 70, Chapter 24 (Residential Landlord and Tenant Act): https://mca.legmt.gov/bills/mca/title_0700/chapter_0240/parts_index.html
• Mont. Code Ann. Title 70, Chapter 25 (Security Deposits): https://mca.legmt.gov/bills/mca/title_0700/chapter_0250/parts_index.html
• Mont. Code Ann. § 70-24-427 (Landlord's remedies after termination — action for possession): https://mca.legmt.gov/bills/mca/title_0700/chapter_0240/part_0040/section_0270/0700-0240-0040-0270.html
• Mont. Code Ann. § 70-24-429 (Holdover remedies — consent to continued occupancy): https://mca.legmt.gov/bills/mca/title_0700/chapter_0240/part_0040/section_0290/0700-0240-0040-0290.html
• Mont. Code Ann. § 70-25-202 (List of damages and refund — delivery to departing tenant): https://mca.legmt.gov/bills/mca/title_0700/chapter_0250/part_0020/section_0020/0700-0250-0020-0020.html
• Mont. Code Ann. § 70-27-101 (FED chapter does not apply to ch. 24 arrangements): https://mca.legmt.gov/bills/mca/title_0700/chapter_0270/part_0010/section_0010/0700-0270-0010-0010.html
• Mont. Code Ann. § 70-33-433 (Mobile home lot — grounds for termination): https://mca.legmt.gov/bills/mca/title_0700/chapter_0330/part_0040/section_0330/0700-0330-0040-0330.html
• Mont. Code Ann. § 3-10-302 (Justice court jurisdiction over Title 70 ch. 24, 25, 33 actions): https://mca.legmt.gov/bills/mca/title_0030/chapter_0100/part_0030/section_0020/0030-0100-0030-0020.html
• Mont. Code Ann. Title 70, Chapter 33 (Mobile Home Lot Rental Act): https://mca.legmt.gov/bills/mca/title_0700/chapter_0330/parts_index.html
• Mont. Code Ann. § 70-24-431 (Retaliatory conduct by landlord prohibited): https://mca.legmt.gov/bills/mca/title_0700/chapter_0240/part_0040/section_0310/0700-0240-0040-0310.html
• Mont. Code Ann. § 70-24-411 (Unlawful ouster, exclusion, or diminution of service): https://mca.legmt.gov/bills/mca/title_0700/chapter_0240/part_0040/section_0110/0700-0240-0040-0110.html
• Montana Department of Justice — Tenants and Landlords: https://dojmt.gov/office-of-consumer-protection/tenants-and-landlords/
• Montana Courts — Notice to Vacate Form: https://courts.mt.gov/external/library/forms/landlord/notice_vacate.pdf
• Montana Courts — Landlord-Tenant Forms: https://courts.mt.gov/Forms/landlord
• Montana Legal Services Association: https://www.mtlsa.org/
• Montana Lawhelp — Tenant Resources: https://www.montanalawhelp.org/issues/housing
• HUD — HCV Termination Standards (24 C.F.R. Part 982): https://www.ecfr.gov/current/title-24/subtitle-B/chapter-IX/part-982
• Montana Fair Housing: https://www.montanafairhousing.org/

END OF NOTICE