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Montana month-to-month lease agreement
Written for Montana law, checked October 1, 2026 General information, not legal advice
A month-to-month tenancy renews each month until the landlord or the tenant gives notice. Choose month-to-month as the lease type, or set a fixed-term lease to convert to month-to-month when its term ends.
Montana rules that apply
- Rent increase notice
- None set
- the Act sets no rent increase notice, so the lease governs
- MCA Title 70, chapter 24
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)
More detail (4)
- 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.
Rent increases
Partly readThe Residential Landlord and Tenant Act does not set a rent-increase notice period. A separate provision, MCA 70-26-109, describes changing month-to-month lease terms by written notice at least 15 days before the month expires, effective at month-end. Check the actual lease and which provisions govern before selecting a deadline; ending a monthly tenancy under the residential Act has a separate 30-day notice rule.
MCA Title 70, chapter 24 MCA 70-26-109 MCA 70-24-441(2)
More detail (4)
- You may not raise the rent to retaliate against a tenant for a protected complaint or for joining a tenants' union. MCA 70-24-431 See Retaliation on the Montana page
- Either side may end a month-to-month tenancy with at least 30 days' written notice. MCA 70-24-441(2) See Ending a month-to-month tenancy on the Montana page
- Under 70-26-109, the served notice establishes the specified terms, rent and conditions if the tenant continues to hold the premises after the month expires. Keep the notice, service evidence and proposed effective date together. Do not use this month-to-month provision to rewrite every fixed-term lease. Its relationship to the residential Act, including the Act's exclusive-statewide-standard language, was not resolved through a new court-law review here. MCA 70-26-109
- For notices governed by 70-24-108, email must go to an address provided in the rental agreement. Email notice is complete on an email-system read receipt or a reply other than an automatically generated reply. The section also recognizes hand delivery and mail with a certificate of mailing or certified mail to the designated or last-known address; that mail service is considered made three days after mailing. A portal upload alone is not one of these stated completion events. Match the actual method and evidence to the provision governing your notice. MCA 70-24-108