30 Day Notice Obligation (MT)

[MDW2019]

Jurisdiction

Montana

Hello,

I am a tenant in Montana. I have a one-year lease on my apartment, which ends June 30th. I do not intend to renew the lease and will move out on the 30th. I gave late notice of my impending move, and was told that I will owe up to 30 days rent since I failed to give a 30 day notice, even though the lease expires on the 30th.

My question is this: since the contract ends on the 30th and I have not requested or agreed to go to a month to month arrangement following the 30th, am I still obligated to make the 30 days notice and/or pay the remaining 30 day period if the unit is not rented? I have attached an image of the exact language from my lease below.

 

[Zigner]

Hello,

I am a tenant in Montana. I have a one-year lease on my apartment, which ends June 30th. I do not intend to renew the lease and will move out on the 30th. I gave late notice of my impending move, and was told that I will owe up to 30 days rent since I failed to give a 30 day notice, even though the lease expires on the 30th.

My question is this: since the contract ends on the 30th and I have not requested or agreed to go to a month to month arrangement following the 30th, am I still obligated to make the 30 days notice and/or pay the remaining 30 day period if the unit is not rented? I have attached an image of the exact language from my lease below.

The month-to-month arrangement is automatic unless you give proper notice. I would say that, yes, you owe the 30 days.

 

[zddoodah]

When you say that you "failed to give a 30 day notice," does that mean that you still haven't informed your landlord of your intent to move out? If not, when did you give notice of your intent to move out? If, for example, you gave notice on June 5, then you should only owe rent through July 5.

 

[Zigner]

When you say that you "failed to give a 30 day notice," does that mean that you still haven't informed your landlord of your intent to move out? If not, when did you give notice of your intent to move out? If, for example, you gave notice on June 5, then you should only owe rent through July 5.

Are you sure that's the case in Montana? Some states operate that way (proration [like mine]), while others (the majority) say that if you stay for any portion of the new rental period, you are responsible for the full amount for that rental period.

 

[MDW2019]

I gave notice today, so 30 days would be until July 19. That's on me and I acknowledge I was late with notice.

My curiosity is whether I would still be obligated to pay after June 30, since the lease expires on that date and I am vacating the building before then. I will not be there during the month to month period and have not requested such.

It sounds like I do owe the 30 day period rent, though. I appreciate the insight.

 

[Zigner]

I gave notice today, so 30 days would be until July 19. That's on me and I acknowledge I was late with notice.

My curiosity is whether I would still be obligated to pay after June 30, since the lease expires on that date and I am vacating the building before then. I will not be there during the month to month period and have not requested such.

It sounds like I do owe the 30 day period rent, though. I appreciate the insight.

It's debatable whether you would have to pay the full 30 days or only 19 days. You might want to reach out with a phone call to a local attorney who might answer that question over the phone. (*MIGHT*)


EDIT: Yes, the month-to-month clause becomes effective because you failed to give proper notice.

 

[MDW2019]

That answers my question. Thank you!

 

[zddoodah]

Are you sure that's the case in Montana?

No, but the statute cited in the lease didn't say otherwise and I have no reason to believe it's not the case.

My curiosity is whether I would still be obligated to pay after June 30, since the lease expires on that date and I am vacating the building before then. I will not be there during the month to month period and have not requested such.

It sounds like I do owe the 30 day period rent, though.

You don't have any good argument that you're not on the hook through July 19 (and, as "Zigner" noted, there may be an argument that you're on the hook through the end of July). The only way you could get off the hook earlier is if the landlord can reasonably get a new tenant in the unit before then.

If I were you, I'd offer to pay through 7/19 and, if I were the landlord, I'd accept that. If I were you, I'd also do my damndest to make sure the place is in pristine condition at the time of move out so that the landlord doesn't have a reason to take deductions from the security deposit.

 

[mightymoose]

My curiosity is whether I would still be obligated to pay after June 30,

I would expect you to pay July rent in full at the start of the month. When you move out you should receive a prorated portion of rent back with your deposit.

 

[adjusterjack]

as "Zigner" noted, there may be an argument that you're on the hook through the end of July.

I think not.

The lease did not specify that notice of a full rental period is required and 70-24-441. Termination by landlord or tenant (2) and (3) supports the pro-rating through July 19.

(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.

2017 Montana Code Annotated :: TITLE 70. PROPERTY :: CHAPTER 24. RESIDENTIAL LANDLORD AND TENANT ACT OF 1977 :: Part 4. Remedies :: 70-24-441. Termination by landlord or tenant

If rent is due on July 1, the tenant need only pay for 19 days, not the whole month.

 

[Zigner]

I think not.

The lease did not specify that notice of a full rental period is required and 70-24-441. Termination by landlord or tenant (2) and (3) supports the pro-rating through July 19.



2017 Montana Code Annotated :: TITLE 70. PROPERTY :: CHAPTER 24. RESIDENTIAL LANDLORD AND TENANT ACT OF 1977 :: Part 4. Remedies :: 70-24-441. Termination by landlord or tenant

If rent is due on July 1, the tenant need only pay for 19 days, not the whole month.

Thanks for finding that

 

[adjusterjack]

Thanks for finding that

You're welcome.

My pleasure.