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 will commence a forcible entry and unlawful detainer action under Mont. Code Ann. § 70-27-101 et seq. seeking possession, holdover damages, costs, and attorney fees.

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(3))
☐ 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: [__/__/____].

The 30-day period is computed by excluding the date of service and counting forward at least 30 calendar days. If the 30th day falls on a Saturday, Sunday, or Montana legal holiday, the Landlord has selected a Termination Date that gives the Tenant at least 30 full days' notice (Mont. Code Ann. § 70-24-108).

Per Mont. Code Ann. § 70-24-441(2): "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."

5. RENT APPORTIONMENT FOR FINAL PERIOD

Pursuant to Mont. Code Ann. § 70-24-441(2), rent for the final partial rental period is uniformly apportionable from day to day, unless the rental agreement provides otherwise.

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 holdover rent at the daily rate (and potentially double the daily rate for willful holdover, if so provided in the rental agreement), damages, and attorney fees, in addition to a forcible entry and unlawful detainer action.

7. SECURITY DEPOSIT

The Tenant's security deposit will be handled in accordance with Mont. Code Ann. § 70-25-201 through § 70-25-206:

(a) No deductions claimed: Landlord must return the full deposit within 10 days of termination of tenancy, provided that the Tenant complied with the cleaning checklist (if any) provided at move-in.

(b) Deductions claimed: Landlord must provide a written, itemized list of deductions and return any balance within 30 days of termination of tenancy.

(c) Cleaning charges may be deducted only after written notice to the Tenant identifying the cleaning required, and an opportunity for the Tenant to complete the cleaning within 24 hours after delivery of that notice (Mont. Code Ann. § 70-25-201).

(d) Authorized deductions include: unpaid rent, late charges, utilities, lease penalties, money owing under the rental agreement, actual damages caused by Tenant (beyond ordinary wear and tear), and reasonable cleaning costs.

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

(f) Right to dispute deductions by written demand and, if necessary, suit in Justice Court (small claims jurisdiction up to $7,000) or general civil docket.

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 prohibits termination in retaliation for: (i) your complaint to a building/housing code enforcement agency; (ii) your written complaint to the Landlord under § 70-24-303 (habitability); or (iii) your participation in a tenants' organization. A complaint within the past 6 months creates a rebuttable presumption of retaliation, which is a complete defense to eviction.

(c) Fair Housing / Discrimination. Termination motivated by your race, color, religion, sex, national origin, familial status, disability, marital status, age, creed, ancestry, or other protected status violates the Montana Human Rights Act (§ 49-2-305) and federal Fair Housing Act (42 U.S.C. § 3601 et seq.). Missoula and Bozeman ordinances may protect additional classes (sexual orientation, gender identity, source of income).

(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. Mont. Code Ann. § 70-24-411. Landlord may NOT lock you out, shut off utilities, or remove your property without a court order — even after the Termination Date. Tenant may recover actual damages plus three months' rent (or treble damages, whichever is greater) and attorney fees.

(g) Security Deposit Setoff. If the Landlord wrongfully withholds your security deposit, you may sue under Mont. Code Ann. § 70-25-204 for the amount owed, plus reasonable attorney fees if the withholding was in bad faith.

(h) Free Legal Help. Montana Legal Services Association (1-800-666-6899; mtlsa.org); Montana Lawhelp (montanalawhelp.org); Montana Fair Housing (1-800-929-2611). Solo and 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), the Montana Forcible Entry and Unlawful Detainer Act (Title 70, Chapter 27), Title 70, Chapter 25 (Security Deposits), and Montana common law, including without limitation the right to:

(a) commence a forcible entry and unlawful detainer action immediately after the Termination Date if Tenant remains in possession;

(b) seek holdover damages, lost rent, repair costs, and consequential damages;

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

(d) recover all court costs and reasonable attorney fees as permitted by the rental agreement or by statute (subject to § 70-24-442 reciprocity).

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, being at least 18 years of age and not a party to this matter, served this 30-Day Notice to Terminate Tenancy on the Tenant(s) named above as follows:

☐ Personal service on Tenant on [__/__/____] at [____ a.m./p.m.] at [ADDRESS].

☐ Substituted service on a person of suitable age and discretion residing at the Premises, namely [NAME], on [__/__/____], AND mailing a copy by first-class mail to the Tenant at the Premises on the same date.

☐ Posting and mailing — When personal or substituted service was not possible after reasonable diligence, by posting in a conspicuous place at the Premises on [__/__/____] AND mailing a copy by first-class mail (and certified mail, return receipt requested) on the same date.

☐ Certified mail, return receipt requested to [ADDRESS] on [__/__/____], tracking no. [____].

☐ Other (specify): [________________________________]

Server:

Signature: [________________________________]

Printed Name: [________________________________]

Address: [________________________________]

Date of Proof: [__/__/____]

12. MONTANA PRACTICE NOTES

Computation of 30 days. Mont. Code Ann. § 70-24-108. Day of service is excluded; counting begins the next calendar day. The 30-day period need NOT align with the rent due date — § 70-24-441(2) expressly disclaims that requirement. Best practice: build in a 1–3 day buffer beyond the strict 30-day minimum to avoid disputes over whether service was complete.

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. Only 7 days' notice required (Mont. Code Ann. § 70-24-441(3)). 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 FED action under Mont. Code Ann. § 70-27-101 et seq. The Landlord may NOT engage in self-help. The Landlord may also recover holdover damages — under most Montana leases, this is the daily rental rate; some leases provide for double rent during willful holdover.

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. Mont. Code Ann. § 70-33-431 generally prohibits no-cause termination of mobile home lot tenancies. A change of land use requires 6 months' written notice (Mont. Code Ann. § 70-33-434).

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.

Local ordinances. Verify applicable city/county ordinances (Missoula, Bozeman, Helena, Billings, Great Falls, Butte) for any additional tenant-protection requirements before serving.

2024–2025 amendments. Verify against the current Montana Code Annotated at leg.mt.gov.

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. Title 70, Chapter 27 (Forcible Entry and Detainer): https://archive.legmt.gov/bills/mca/title_0700/chapter_0270/parts_index.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 (Retaliation prohibited): https://archive.legmt.gov/bills/mca/title_0700/chapter_0240/part_0040/section_0310/0700-0240-0040-0310.html
• Mont. Code Ann. § 70-24-411 (Self-help eviction prohibited): https://archive.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
• City of Missoula Fair Housing: https://www.ci.missoula.mt.us/3093/Fair-Housing

END OF NOTICE