A Montana lease termination notice form is an official legal document provided to either the tenant or the landlord informing them that the tenancy is ending. If rent is paid monthly, then at least 30 days notice must be provided before the tenancy can end.
Types of Montana Lease Termination Notice Forms
|Notice Form||Lease Type|
|7 Day Notice to Vacate||Weekly|
|30 Day Notice to Vacate||Monthly / Yearly|
Montana 7 Day Notice to Vacate
A Montana 7 Day Notice to Vacate is an official form used for terminating a week-to-week lease. This notice may also be used for tenants that have no written lease that pay rent weekly. There is no option to continue the arrangement and the tenancy will end within seven (7) calendar days.
Montana 30 Day Notice to Vacate
A landlord or a tenant may use a Montana 30-Day Notice to Vacate to terminate a rental agreement, including a month-to-month or year-to-year lease. This notice may also be used for tenants that do not have a written lease that pay rent monthly or for tenants with an expired lease. The letter is delivered by either party at least thirty (30) calendar days prior to the end of the following rental period or expiration of the lease.
How to Write a Lease Termination Notice in Montana
For a lease termination notice to be legally compliant:
- State who the legal letter is addressed to (use full name of the receiving party).
- Include the termination date of the lease or tenancy.
- Fill in the full address of the rental premises.
- For tenants, provide your new address and an updated phone number.
- Sign the notice and print your name.
- For landlords, include contact information, such as address and phone number.
- Complete the certificate of service by indicating the date and method of notice delivery along with printed name and signature.
Without this information on the lease termination notice, a judge may not be able to proceed with legal action.
How to Calculate Expiration Date in Montana
A lease termination letter takes effect the day after it is served. Lease termination letters must be delivered at least the legally required number of calendar days in advance of the termination date. For example, with a month-to-month lease, to terminate the tenancy on June 30th, the letter must be served by either party before June 1st.
If the last day of the notice period falls on a weekend or legal holiday, then the notice period will not officially expire until the end of the following judicial day (a day when the courthouse is open).
How to Serve a Lease Termination Notice in Montana
A landlord or tenant can deliver lease termination notices in Montana using any of the below acceptable methods:
- Handing the notice to the other party in person;
- Mailing the notice by certified mail with a return receipt or first class mail with a certificate of mailing;
- Sending the notice electronically (via email message) if agreed to by both parties.
When sending the notice by certified or first class mail, add three (3) calendar days to the notice period to account for variability in post office delivery times.
- 1 MT Code § 70-24-441
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.Source Link
- 2 MT Code § 70-24-441
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.Source Link
- 3 MT Code § 70-24-108
In the case of a tenant or a landlord, it is transmitted to an electronic mail address provided by the tenant or the landlord in the rental agreement. Notice by electronic mail is complete on receipt of a read receipt generated by an electronic mail system or an electronic mail reply other than an automatically generated electronic mail reply.
In the case of a landlord or tenant, it is delivered in hand to the landlord or tenant or mailed with a certificate of mailing or by certified mail to the person at the place indicated by the person as the place for receipt of the communication or, in the absence of a designation, to the person’s last-known address.Source Link
- 4 MT Code § 70-24-108
If notice is made with a certificate of mailing or by certified mail, service of the notice is considered to have been made on the date 3 days after the date of mailing.Source Link