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Breaking a lease in Montana
Checked against the Montana statutes on October 1, 2026 General information, not legal advice
Key numbers
Ending a fixed-term lease early
Unless your lease provides otherwise, a party who ends the lease early without cause owes the other side damages of up to one month's rent, or an amount set in the lease that may not exceed one month's rent. The same subsection says landlords must follow the re-renting rule for abandoned units and are entitled to rent from a defaulting tenant until a new tenancy starts or the lease term ends.
- If the tenant abandons the home, you must make reasonable efforts to re-rent it at a fair rent. The lease ends when a new tenancy begins; if you do not try to re-rent, or you accept the abandonment as a surrender, it ends when you learn of the abandonment. MCA 70-24-426(3)
- Treble damages may not be recovered for a tenant's early termination. MCA 70-24-422(6)
- The Act gives no early termination right for domestic violence. A notice of no contact between landlord and tenant is valid only under a court's no-contact order or order of protection, except as another statute provides. MCA 70-24-111
- A tenant may end the lease for fire or casualty damage, an uncured health and safety breach, or an unlawful entry or lockout. MCA 70-24-409 MCA 70-24-406 MCA 70-24-410 MCA 70-24-411 See Tenant repair remedies on the Montana page
Ending a month-to-month tenancy
Either you or the tenant may end a month-to-month tenancy at any time by written notice given at least 30 days before the termination date named in the notice. A week-to-week tenancy needs at least 7 days' written notice.
MCA 70-24-441(1) MCA 70-24-441(2)
- The tenancy ends on the date named, whether or not that is the end of a rent period; unless agreed otherwise, rent is apportioned day by day. MCA 70-24-441(3)
- If the lease sets no default extension and neither side gives 30 days' written notice before the original end date, the tenancy continues month to month. MCA 70-24-205
- If a month-to-month tenant stays after a lawful 30-day notice, you may recover up to 3 months' periodic rent or treble damages, whichever is greater. MCA 70-24-429(3)
- Mailed notice counts as served 3 days after mailing, so allow for that when you count the 30 days. MCA 70-24-441(2) MCA 70-24-108(1)(d)
The Rentari Montana lease continues month to month unless either side gives 30 days' written notice before the term ends, and ends a month-to-month tenancy on 30 days' written notice.
Questions
How do I end a month-to-month tenancy in Montana?
Give at least 30 days' written notice before the termination date you name; it does not have to match the rent period. Either side may do this.
What happens if a tenant breaks a lease early in Montana?
Unless your lease provides otherwise, damages for ending a lease early without cause are up to one month's rent, and the same subsection also entitles landlords to rent from a defaulting tenant until a new tenancy starts or the term ends. You must make reasonable efforts to re-rent an abandoned unit, and treble damages are not available for early termination.