Breaking a Lease in Montana
Montana rules on breaking a lease for renters and landlords, with the statute or official page behind each answer. Last verified: 2026-10-22.
Short answer: No statute. The Residential Landlord and Tenant Act has no section letting a domestic violence, sexual assault or stalking survivor end a lease early. Mont. Code Ann. Title 70, Ch. 24 (section list reviewed)
The rules in Montana
| Ending a lease: domestic violence | No statute. The Residential Landlord and Tenant Act has no section letting a domestic violence, sexual assault or stalking survivor end a lease early. Related: a 'notice of no contact' between landlord and tenant is valid only under a court no-contact or protection order (§ 70-24-111). Federal VAWA rights apply in covered subsidized housing. Other Montana titles were not searched. |
|---|---|
| Ending a lease: military, medical, death | No state statute found in the Residential Landlord and Tenant Act for military, medical/disability, senior, or tenant-death lease termination. Service members rely on the federal Servicemembers Civil Relief Act. Montana's military-affairs title (Title 10) was not searched for a state lease-termination provision. |
Related questions
- Can I break my lease because of domestic violence?
- Can I break my lease for military orders, medical reasons or a death?
Montana vs. neighboring states
| State | Ending a lease: domestic violence | Ending a lease: military, medical, death |
|---|---|---|
| Montana | No statute. The Residential Landlord and Tenant Act has no section letting a domestic violence, sexual assault or stalking survivor end a lease early. Mont. Code Ann. Title 70, Ch. 24 (section list reviewed) | No state statute found in the Residential Landlord and Tenant Act for military, medical/disability, senior, or tenant-death lease termination. Service members rely on the federal Servicemembers Civil Relief Act. Mont. Code Ann. Title 70, Ch. 24 (section list reviewed) |
| Idaho | Not verified yet | Not verified yet |
| North Dakota | A tenant who is a domestic violence victim, or who fears imminent domestic violence against the tenant or the tenant's minor children, may end the lease. The tenant gives the landlord advance written notice saying the tenant fears imminent domestic violence from a person named in a court order, no-contact order, protection order, or other court record, that the tenant needs to end the tenancy, and the specific end date. The notice goes by mail, fax, or in person. The tenant owes rent for the full month in which the tenancy ends plus one more month's rent (subject to the landlord's duty to mitigate), paid on or before the end date, and is then released from the rest of the lease. The landlord must keep the documentation confidential. Refusing to rent to someone for using this right is prohibited, with $1,000 statutory damages plus actual damages and attorney's fees. N.D.C.C. § 47-16-17.1 | Tenant's death: on the death of a residential tenant, any surviving tenant or the estate may choose to end the lease on the last day of the month following the month of death. Chapter 47-16 has no state-law right for military members (beyond federal SCRA), medical or disability reasons, or seniors moving to care. A tenant may also end the lease if the landlord fails to make repairs or provide quiet possession within a reasonable time, or if the main part of the premises is destroyed. N.D.C.C. § 47-16-18; § 47-16-17 |
| South Dakota | If the tenant or a household member is the victim of alleged domestic abuse, unlawful sexual behavior or stalking, the tenant may terminate and vacate on or before a specified date without early-termination penalty by written notice stating the termination is due to fear of imminent danger or injury, attaching one of: a police report signed in the prior 30 days, a protection order issued in the prior 30 days, or documentation from a licensed health care provider who examined the tenant/household member in the prior 30 days. The tenant owes no early termination fee and no rent for the month following the month in which the tenant vacates. Landlord may not disclose the tenant's forwarding/contact information without consent unless required by law. SDCL 43-32-19(3); 43-32-19.1; 43-32-19.2 | Tenant may end a lease early if the landlord fails, within a reasonable time after written request, to put the tenant in quiet possession or make required repairs, or if the greater part of the premises is destroyed other than by tenant negligence. A lease terminable at either party's pleasure ends on notice of a party's death or incapacity; other leases are not ended by death. No state military, medical or senior-care termination right found in ch. 43-32. SDCL 43-32-19(1)-(2); 43-32-23 |
| Wyoming | Yes, as a defense to rent claims (Wyoming Safe Homes Act). A tenant who moves out is not liable for rent for the period after vacating if the court finds, by a preponderance of the evidence, either (1) the tenant or a household member was under a credible imminent threat of domestic abuse or sexual violence (sexual assault, sexual abuse or stalking) at the premises, shown by medical, court or police evidence, and the tenant gave the landlord 7 days' written notice before vacating stating that reason; or (2) the tenant or a household member was a victim of domestic abuse or sexual violence on premises owned or controlled by the landlord, the tenant gave 7 days' written notice before vacating stating the reason and the date and that medical, court or police evidence was provided to the landlord, and the abuse occurred no more than 60 days before the notice (or as soon as practicable if hospitalization, shelter or counseling prevented earlier notice). Rent owed before the tenant gave notice and vacated is still owed, and eviction for earlier nonpayment is not barred. A landlord may not terminate a tenancy based solely on a tenant's or household member's status as a victim. These rights cannot be waived or modified in a lease or separate agreement. Wyo. Stat. 1-21-1301 to 1-21-1304 | No state statute found for military (beyond federal SCRA), medical, senior, or tenant-death early termination. A court may terminate the rental agreement as relief in a renter's habitability action; the renter then gets the rent balance and deposit back within 30 days and must vacate 10-20 days after termination. Wyo. Stat. 1-21-1206(c), (d) |
More Montana rental law
- Montana Security Deposit Law
- Montana Eviction Laws
- Montana Notice to Vacate Rules
- Landlord Entry Rules in Montana
- Montana Repairs & Tenant Remedies
- Montana Rent Increase & Late Fee Laws
- Squatters' Rights in Montana
- Montana Rental Fee Rules
- Montana Section 8, Records & Right to Counsel
- Montana Mold, Pests, Heat & AC Rules
- Montana Privacy, Guests & Animal Rules
- Montana Landlord Selling the House
- Montana Lockouts, Utility Shutoffs & Retaliation
- Montana Subletting, Lease Endings & Tenant Death
- All Montana landlord-tenant rules
- Free legal help in Montana
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Breaking a Lease in Montana FAQ
Can a domestic violence survivor break a lease in Montana?
No statute. The Residential Landlord and Tenant Act has no section letting a domestic violence, sexual assault or stalking survivor end a lease early. (Mont. Code Ann. Title 70, Ch. 24 (section list reviewed))
When can a tenant break a lease without penalty in Montana?
No state statute found in the Residential Landlord and Tenant Act for military, medical/disability, senior, or tenant-death lease termination. Service members rely on the federal Servicemembers Civil Relief Act. (Mont. Code Ann. Title 70, Ch. 24 (section list reviewed))
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.