Montana Addressing Holdover Tenancy in a Lease

State:
Multi-State
Control #:
US-OL24031
Format:
Word; 
PDF
Instant download

Description

This office lease form states that if the tenant, without the written consent of Landlord, holds over after the expiration of the term of the lease, and if the landlord does not proceed to remove the tenant from the demised premises in the manner permitted by law, the tenancy will be deemed a month-to-month tenancy.

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FAQ

The notice must inform the tenant that the tenant has three days to pay rent or the landlord will terminate the tenant's lease or rental agreement. The landlord can file an eviction lawsuit if the tenant does not pay the rent within the three-day notice period. (Mont. Code Ann.

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.

Key Takeaways. A holdover tenant is a tenant who continues to pay rent, even after the lease has expired. The landlord must also agree, or else eviction proceedings may occur. Holdover tenancy exists in a gray area between a full rental contract and trespassing.

In Montana, landlords can raise the rent by any amount and for any reason as long as they give proper notice, don't do so during the fixed term of a lease, and aren't doing so for certain discriminatory or retaliatory reasons.

Tenancy at sufferance refers to holdover tenants of an expired lease who no longer have the landlord's permission to remain in the property, but who have not yet been evicted. The term sufferance means the absence of objection without genuine approval.

Early termination by tenant If the tenant wishes to terminate the lease early, they have to give a notice period of month to month, 30 days; week to week, 7 days. For more information on Montana Landlord Tenant laws please visit their website here.

Montana does not have state or local rent control laws, meaning landlords can charge any amount of rent and increase rent as often as they choose. However, landlords cannot increase rent during the lease period unless the rental agreement allows for it.

Rent and Fees Late Fees: There is no statutory limit on late fees in Montana. Grace Period: There is no mandatory grace period in Montana.

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Montana Addressing Holdover Tenancy in a Lease