Montana Agreed Termination of Lease and Surrender of Premises
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FAQ
There is no obligation on a landlord to accept a surrender of a commercial lease and landlords will often only do so if there is a benefit in getting possession of the property back early.
Surrender of the leaseThis can be done formally, by deed, but this is not always necessary. If the landlord and tenant agree that the lease will be surrendered and they act in a way that is inconsistent with the lease continuing, the lease will be surrendered 'by operation of law'.
The rights of a tenantThe right to live in a property that's safe and in a good state of repair. The right to have your deposit returned at the end of the tenancy (provided that you meet the terms of your tenancy agreement).
Surrendering by operation of law takes place when a new lease is signed or when the tenant abandons the property and the landlord takes possession. In both cases, the landlord takes over the property after the tenant has moved out.
Surrender clause refers to a lease clause whereby the lessee is given the privilege of surrendering his rights and terminating his liability upon the giving of a stipulated notice or the payment of a designated sum of money, or, in some cases, without either of these formalities.
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Lease A lease may not be terminated early unless the tenant has violated the rental agreement or the requirements of the Montana Residential Landlord and Tenant Act. Month-to-Month Agreement A landlord may generally terminate a month-to-month rental agreement by providing 30 days' notice to the tenant.
If you break your lease, you may be responsible for rent until the end of the lease or until the landlord finds a new tenant. You may also have to pay other costs that the landlord can show they had to pay because you broke your lease. It is best to try to work out an agreement with your landlord.
Where the written lease expired and the parties simply continued with the lease on a month to month basis thereafter. If the lease is a month to month lease as contemplated in the Rental Housing Act, then it can only be terminated by either party by providing one full calendar month's written notice.
Montana is a landlord friendly state. Even better, with free landlord tools like TurboTenant, you can advertise, rent, and manage your property from your phone, and without having to pay another company to handle it.
