How can a lease be terminated in the State of Montana?

A standard month-to-month agreement can be terminated by either party on 30 days written notice FOR ANY REASON, unless the termination is discriminatory or retaliatory. Under a lease for a specified term, neither party can terminate the rental agreement until the lease expires, or unless the terms of the lease are violated. If either party wishes to terminate the lease at the end of the term, a 30-day notice must be given to the other party.

On what grounds can a landlord evict a tenant?

If a landlord wants to remove a tenant, s/he must terminate the rental agreement, ask the tenant to leave, and, if necessary, take the tenant to court to get an eviction order.

Under Montana law, landlord can eviction a tenant on the following grounds:

(a) nonpayment of rent, late charges or common area maintenance fees;
(b) late payment of rent, late charges or common area maintenance fees 3 or more times in a 12-month period, provided that the landlord gave written notice after each nonpayment incident;
(c) violation of a mobile home park rule that creates an immediate threat to the health and safety of any resident of the park if the violation is not cured within 24 hours after written notice is given;
(d) 2 or more violations within a 12-month period of any combination of one or more mobile home park rules, the violation of which would have a significant adverse impact on the mobile home park or its residents;
(e) 2 or more violations with a 12-month period of the same rule or regulation;
(f) disorderly conduct that results in disruption of the rights of others to the peaceful enjoyment and use of the premises;
(g) endangering other residents or park personnel, causing substantial damage to the park premises;
(h) conviction of the tenant of a violation of a federal, state or local ordinance if the violation is detrimental to the health, safety, or welfare of other residents or the landlord, or the landlord's documentation of a drug violation;
(i) changes in the use of mobile home park land;
(j) a legitimate business reason.

A landlord cannot physically remove a tenant or their belongings, change the locks, or cut off utilities or services in order to force the tenant out.

Further, a landlord may not terminate the rental agreement, bring or threaten to bring an eviction action, raise the rent or decrease services to the tenant as retaliation because the tenant has submitted a written complaint to the landlord or to federal or state authorities about the condition of the rental unit, or joined a tenant's organization.

The foregoing summary is provided for information purposes only and is not to be considered legal or business advice. The information may not be complete, accurate or applicable for any particular situation and should not be relied upon.