Montana Notice to Vacate Rules
Montana rules on notice to vacate for renters and landlords, with the statute or official page behind each answer. Last verified: 2026-10-22.
Short answer: Month-to-month: either party may terminate with at least 30 days' written notice. Week-to-week: at least 7 days' written notice. Same periods for landlord and tenant. Mont. Code Ann. § 70-24-441
The rules in Montana
| Ending a month-to-month lease | Month-to-month: either party may terminate with at least 30 days' written notice. Week-to-week: at least 7 days' written notice. Same periods for landlord and tenant. No cause required. A month-to-month tenant who stays past a lawful 30-day no-cause termination is deemed a purposeful holdover; landlord may recover up to 3 months' periodic rent or treble damages, whichever is greater (§ 70-24-429(3), amended 2023). Source: Mont. Code Ann. § 70-24-441 |
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Related questions
- How much notice does a landlord have to give to end a lease or not renew?
- What are my rights without a written lease?
- Can a landlord evict you for no reason?
Montana vs. neighboring states
| State | Ending a month-to-month lease |
|---|---|
| Montana | Month-to-month: either party may terminate with at least 30 days' written notice. Week-to-week: at least 7 days' written notice. Same periods for landlord and tenant. Mont. Code Ann. § 70-24-441 |
| Idaho | Tenancy at will: landlord must give written notice of at least one month to vacate; tenant must give written notice at least one month before the stated move-out date. For residential leases, at least 30 days' written notice is also required before a rent increase or non-renewal takes effect. Idaho Code §§ 55-208, 55-304(2) |
| North Dakota | Either party: at least one calendar month's written notice, unless they agreed in writing to a longer period. If the landlord changes terms on 30 days' notice (§ 47-16-07), the tenant may end the tenancy at month's end with at least 25 days' notice. N.D.C.C. § 47-16-15(2)-(3), (5) |
| South Dakota | A tenancy with no specified term renews automatically unless a party gives notice of termination at least as long before expiration as the rental period, but not more than one month. For a month-to-month tenancy, either party gives one month's notice. SDCL 43-32-15 |
| Wyoming | No statute — Wyoming sets no notice period for ending a month-to-month tenancy; the rental agreement governs. A periodic tenancy is not implied by law: when a lease ends, a tenant who stays (even if rent is accepted) is only a tenant by sufferance unless a new written agreement is signed. To remove a tenant who holds over, the landlord must serve a 3-day notice to quit before filing an FED case. W.S. 34-2-128, 34-2-129; 1-21-1002(a)(i), 1-21-1003 (Title 1, Ch. 21, Arts. 10 and 12 checked) |
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- Free legal help in Montana
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Montana Notice to Vacate Rules FAQ
How much notice is needed to end a month-to-month lease in Montana?
Month-to-month: either party may terminate with at least 30 days' written notice. Week-to-week: at least 7 days' written notice. Same periods for landlord and tenant. (Mont. Code Ann. § 70-24-441)
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.