Ending a month-to-month tenancy in Montana: 30 days, in writing, on any date

What does the Montana statute require?

Montana Code Annotated 70-24-441 sets two notice lengths. Either side may end a week-to-week tenancy by written notice at least 7 days before the termination date in the notice. Either side may end a month-to-month tenancy by giving the other, at any time during the tenancy, at least 30 days' notice in writing before the date designated for termination. Subsection (3) adds that the tenancy ends on the date named, without regard to the end of the period for which rent is paid, and that unless the parties agree otherwise rent is apportioned from day to day.

That is different from states that tie the end date to the rent day. In Montana you can name any date at least 30 days out. Prorate the last month, and tell the tenant what the last day's rent is, since day-by-day apportionment is the default.

When does the tenant count as notified?

Section 70-24-108(1) lists the ways a person has notice. One is actual knowledge. Another is delivery in hand. A third is mail with a certificate of mailing, or certified mail, sent to the place the person designated for communications or, if none, the last known address; in that case service is considered made on the date 3 days after mailing. A fourth is email to an address provided in the rental agreement, which is complete only on a read receipt from the mail system or a reply that is not an automatic one.

Count your 30 days from the date notice is complete, not from the date you wrote or sent it. Hand delivery with a signed acknowledgment or a witness is the cleanest way to fix the date.

Example a made-up landlord hand-delivers a notice on Monday, November 2, 2026. Thirty days later is Wednesday, December 2, 2026, the earliest termination date the notice can name. If the landlord instead mails it with a certificate of mailing that day, service is treated as made on Thursday, November 5, and the earliest termination date moves to Saturday, December 5.

What should the notice say?

• The rental address and the tenant names on the rental agreement.
• That the month-to-month tenancy will end, and the exact termination date.
• The date of the notice and your signature.
• The statute you rely on, 70-24-441, so the basis is clear.
• How and where the tenant returns keys, and where to send a forwarding address.

The statute asks only for a written notice and a date. Everything else is good record keeping. If the notice is really about a violation, such as an unauthorized pet or unpaid rent, 70-24-422 has its own shorter periods, and subsection (7) says the landlord is not bound by that section when electing the 30-day notice. You can choose the clean 30-day route when you do not need to prove a breach.

What if the tenant does not leave?

Under 70-24-429(3), where the term is month-to-month and the landlord terminates without cause on a lawful 30-day notice and the tenant remains in the unit after the termination date, the holdover is purposeful and the landlord may recover an amount not more than 3 months' periodic rent or treble damages, whichever is greater. You still file an action for possession, and section 70-24-428 bars shortcuts such as cutting heat, water or electricity.

• Naming a date fewer than 30 days after the notice is complete.
• Sending a notice by email with no read receipt and no reply.
• Calling the notice a termination for cause when you meant the 30-day route.

Where does DoorKeeping fit?

DoorKeeping stores the lease, the rent ledger and a copy of every notice you send, so the date you served and the date it ends are on file if a court asks. You still write, serve and track the notice yourself. This is general information, not legal advice: check the current statute, and ask a local attorney if the tenant disputes the notice.

Sources

1. MCA 70-24-441, Termination by landlord or tenant (Montana Legislature), read Oct 30, 2026
2. MCA 70-24-108, What constitutes notice (Montana Legislature), read Oct 30, 2026
3. MCA 70-24-429, Holdover remedies (Montana Legislature), read Oct 30, 2026

Questions

How many days of notice for a Montana month-to-month tenancy?

At least 30 days' written notice before the date designated for termination (70-24-441(2)).

Can a Montana landlord email the notice?

Yes if the address is in the rental agreement, but notice is complete only on a read receipt or a non-automatic reply (70-24-108(1)(c)).

What if a Montana tenant holds over after a 30-day notice?

The landlord may recover up to 3 months' periodic rent or treble damages, whichever is greater (70-24-429(3)).