Montana 7 Day Notice To Vacate

Last Updated: March 20, 2024 by Roberto Valenzuela

A Montana 7 Day Notice To Vacate is a letter which complies with state legal requirements to terminate a week-to-week lease. The non-terminating party  must receive notice at least seven (7) calendar days before the date of termination.

When To Use a Montana 7 Day Notice To Vacate

A Montana 7 Day Notice To Vacate ends a week-to-week lease, or a rental situation with no written lease where the tenant pays rent weekly. Either the landlord or tenant may deliver this notice at will.

Some types of Montana lease termination notice may allow different reasons for termination, or different notice periods. This may also apply to an eviction notice issued because of a lease or legal violation.

How To Write a Montana 7 Day Notice To Vacate

To help ensure the legal compliance of a Notice To Vacate:

  1. Use the full name of the receiving parties, and address of record, if known
  2. Specify the termination date of the lease or tenancy
  3. Fill in the full address of the rental premises
  4. Provide updated/current address and phone number information
  5. Print name and sign the notice
  6. Complete the certificate of service by indicating the date and method of notice delivery, along with printed name and signature

It is easy to lose an otherwise justified legal action because of improper notice. Check carefully to ensure enough time after notice is delivered, not when it’s sent.

How To Serve a Montana 7 Day Notice To Vacate

Montana landlords and tenants may deliver a Notice To Vacate by any method which results in actual notification of the other party. State law gives a presumption of legal validity to the following methods: 

  1. Hand delivery to the other party
  2. Delivery by certified mail, or by first class mail with a certificate of mailing
  3. Delivery of electronic notice (by email), if the relevant party has provided an email address in the rental agreement

Electronic notice is considered delivered when the other party replies (other than an automatic reply), or when the system generates a read receipt. Mailed notice extends a notice period by three (3) calendar days, to account for variable delivery times.

note
In almost all cases, notice is legally served when it is received by the other party, NOT when it’s sent. Check specified date of termination carefully to ensure compliance with the legal requirements for a notice period.

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