5 Day Notice of Termination for Reoccurring Breach - Residential
Montana - Termination
of Leases
70-24-441. Termination by landlord or tenant.
(1) The landlord or the tenant may terminate
a week-to-week tenancy by a written notice given to the other at least
7 days before the termination date specified in the notice.
(2) The landlord or the tenant may terminate
a month-to-month tenancy by giving to the other at any time during the
tenancy at least 30 days' notice in writing prior to the date designated
in the notice for the termination of the tenancy.
(3) The tenancy terminates on the date designated
and without regard to the expiration of the period for which, by the terms
of the tenancy, rents are to be paid. Unless otherwise agreed, rent is
uniformly apportionable from day to day.
70-24-422. Noncompliance of tenant generally
-- landlord's right of termination -- damages -- injunction.
(1) Except as provided in this chapter, if
there is a noncompliance by the tenant with the rental agreement or a noncompliance
with 70-24-321 affecting health and safety, the landlord may deliver a
written notice to the tenant pursuant to 70-24-108 specifying the acts
and omissions constituting the breach and that the rental agreement will
terminate upon a date not less than 14 days after receipt of the notice.
If the breach is not remedied within that time, the rental agreement terminates
as provided in the notice, subject to the following exceptions:
(a) If the breach is remediable by
repairs, the payment of damages, or otherwise and the tenant adequately
remedies the breach before the date specified in the notice, the rental
agreement does not terminate.
(b) If the breach involves an unauthorized
pet, the landlord may deliver a written notice to the tenant that the rental
agreement will terminate upon a date not less than 3 days after receipt
of the notice if the breach is not remedied within that time. This subsection
does not apply to a rental agreement involving a tenant who rents space
to park a mobile home but who does not rent the mobile home.
(c) If the breach involves unauthorized persons
residing in the rental unit, the landlord may deliver a written notice
to the tenant that the rental agreement will terminate upon a date not
less than 3 days after receipt of the notice if the breach is not remedied
within that time. This subsection does not apply to a rental agreement
involving a tenant who rents space to park a mobile home but who does not
rent the mobile home.
(d) If substantially the same act or omission
that constituted a prior noncompliance of which notice was given recurs
within 6 months, the landlord may terminate the rental agreement upon at
least 5 days' written notice specifying the breach and the date of the
termination of the rental agreement.
(2) (a) Except as provided in subsection
(2)(b), if rent is unpaid when due and the tenant fails to pay rent within
3 days after written notice by the landlord of nonpayment and the landlord's
intention to terminate the rental agreement, the landlord may terminate the rental agreement.
(b) For a rental agreement involving a tenant
who rents space to park a mobile home but who does not rent the mobile
home, the notice period referred to in subsection (2)(a) is 15 days.
(3) If the tenant destroys, defaces, damages,
impairs, or removes any part of the premises in violation of 70-24-321
(2), the landlord may terminate the rental agreement upon giving 3 days'
written notice specifying the breach under the provisions of 70-24-321
(2).
(4) Except as provided in this chapter, the
landlord may recover actual damages and obtain injunctive relief for any
noncompliance by the tenant with the rental agreement or 70-24-321 . Except
as provided in subsection (5), if the tenant's noncompliance is purposeful,
the landlord may recover treble damages.
(5) Treble damages may not be recovered for
the tenant's early termination of the tenancy.
(6) The landlord is not bound by this section
in the event that the landlord elects to use the 30-day notice for termination
of tenancy as provided in 70-24-441.
70-24-108. What constitutes notice.
(1) A person has notice of a fact
if:
(b) in the case of a landlord, it is delivered
at the place of business of the landlord through which the rental agreement
was made; or
(c) in the case of a landlord or tenant, it
is delivered in hand to the landlord or tenant or mailed with a certificate
of mailing or by certified mail to the person at the place held out by
the person as the place for receipt of the communication or, in the absence
of a designation, to the person's last-known address. If notice is made
with a certificate of mailing or by certified mail, service of the notice
is considered to have been made upon the date 3 days after the date of
mailing.
(2) Notice received by an organization is effective
for a particular transaction from the time it is brought to the attention
of the individual conducting that transaction and, in any event, from the
time it would have been brought to the individual's attention if the organization
had exercised reasonable diligence.
