Breaking a lease in Montana

If you are the tenant

• Tenant or landlord: Either party may end a month-to-month tenancy at any time with at least 30 days' written notice before the termination date named in the notice; it ends on that date regardless of the rent period, and rent is apportioned day by day (MCA 70-24-441(2)-(3)).

Written notice required: Yes. Notice must be in writing (MCA 70-24-441).

• week-to-week, both: 7 days. Either party may end a week-to-week tenancy with written notice at least 7 days before the termination date (MCA 70-24-441(1)).

If a tenant abandons the unit, the landlord must make reasonable efforts to re-rent at a fair rental; the lease ends when a new tenancy begins. Montana Law Help says the tenant owes rent until the lease ends or a new tenant moves in, whichever is first, plus re-renting costs and lost rent.

Landlord's duty to re-rent: Yes. MCA 70-24-426(3) requires reasonable efforts to re-rent; if the landlord does not try, or accepts the abandonment as a surrender, the lease ends on the date the landlord learns of the abandonment.

Lease-break fees: No statutory cap on lease-break fees found; recovery is limited by the mitigation rule (MCA 70-24-426). Guard members using MCA 10-1-905 owe no early-termination fees.

• Military service (state law) (MCA 10-1-905)

  A Montana National Guard member on active state or full-time Guard duty (14+ consecutive days) ordered to a permanent duty station more than 60 miles away may end a residential lease; termination takes effect 45 days after notice is delivered.

  Notice:

  45 days, in writing

  Proof:

  Written notice plus a copy of the military orders.

  What you still owe:

  No early-termination fees or other damages for ending early.

• Unit unlivable or landlord fails to repair (MCA 70-24-406)

  If the landlord's failure to maintain affects health and safety, the tenant may give written notice that the lease ends at least 30 days later unless fixed within 14 days (3 working days in an emergency).

  Proof:

  Written notice to the landlord specifying the breach.

  What you still owe:

  Lease ends on the date in the notice; security deposit returned.

• Unit unlivable or landlord fails to repair (MCA 70-24-409)

  If fire or casualty substantially impairs the unit (not caused by the tenant), the tenant may move out immediately and end the lease by written notice within 14 days.

  Notice:

  14 days, in writing

  Proof:

  Written notice within 14 days of the intent to terminate.

  What you still owe:

  Lease ends on the date of vacating; prepaid rent and deposit returned.

• Landlord harassment or illegal entry (MCA 70-24-410)

  If the landlord abuses its right of entry so as to harass the tenant, the tenant may end the rental agreement (or seek an injunction).

  Proof:

  Landlord made an unlawful entry, a lawful entry in an unreasonable manner, or repeated entry demands that unreasonably harass the tenant.

  What you still owe:

  Not stated; the tenant may also recover actual damages.

Military orders, every state: the federal SCRA lets servicemembers with orders (permanent change of station or deployment of 90+ days) end a lease with written notice and a copy of the orders. How the SCRA date is counted.

• No Montana statute letting domestic-violence victims end a lease early was found in the Residential Landlord and Tenant Act.

• Write a Montana notice to vacate
• Montana security deposit law: getting your deposit back after you move

• MCA 70-24-441 Retrieved October 13, 2026.
• MCA 70-24-426 Retrieved October 13, 2026.
• MCA 70-24-406 Retrieved October 13, 2026.
• MCA 70-24-409 Retrieved October 13, 2026.
• MCA 10-1-905 Retrieved October 13, 2026.
• MCA 10-1-902 Retrieved October 13, 2026.
• Montana Law Help: What happens if I break my lease? Retrieved October 13, 2026.
• MCA 70-24-410 Retrieved October 13, 2026.

Laws change. This page was checked against the sources above on October 13, 2026. It is legal information, not legal advice; see our methodology.