Cal. Civ. Code § 70-24-441

Termination By Landlord Or Tenant

In Force
Verified 10/22/2026 · Next check 11/21/2026
effective 10/22/2026MontanaRenewal & Non-Renewal

Operative Text

Cal. Civ. Code § 70-24-441
(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.
Source: Legislative text reproduced verbatim
Plain English

Montana Code § 70-24-441 establishes the notice requirements for ending periodic tenancies without a fixed end date. A week-to-week tenancy can be ended by either party with at least 7 days of written notice before the specified termination date, while a month-to-month tenancy requires at least 30 days of written notice. The tenancy ends on the date stated in the notice regardless of when a rent period would otherwise expire, and any rent owed is calculated on a daily basis unless the parties have agreed otherwise.

Written by anthropic/claude-sonnet-4.6 · Reviewed on October 22, 2026

Plain English — not legal advice.

For Property Managers

Under Mont. Code Ann. § 70-24-441, landlords who wish to end a week-to-week or month-to-month tenancy must deliver written notice to the tenant within the timeframes the statute specifies — 7 days for week-to-week arrangements and 30 days for month-to-month arrangements. Compliant operators typically document the delivery of such notices and ensure the termination date is clearly stated in writing. Because rent is apportioned daily under this provision, landlords generally calculate any final rent amount based on the actual number of days through the termination date.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

Mont. Code Ann. § 70-24-441 gives tenants the same right to terminate a periodic tenancy as landlords, provided the proper written notice is delivered — 7 days for a week-to-week tenancy and 30 days for a month-to-month tenancy. If a landlord attempts to end a tenancy without meeting these written-notice requirements, tenants may be able to raise that failure as a defense in any eviction or related proceeding. Tenants who have questions about whether a notice they received complies with this provision can reach out to a local tenant-rights organization or Montana's legal aid services for general information.

General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.

Generated October 22, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.

Effective Timeline

Current
Oct 22, 2026
Click on timeline segments to view historical versions.

References Out

No outbound references recorded yet for this provision.

References In

Rules and statutes that cite this regulation

Mont. Code Ann. § 70-24-426
Mont. Code Ann. § 70-24-311
Mont. Code Ann. § 70-24-108
Mont. Code Ann. § 70-24-321
Mont. Code Ann. § 70-24-302
Mont. Code Ann. § 70-24-406
Mont. Code Ann. § 70-24-406
Mont. Code Ann. § 70-24-441
Mont. Code Ann. § 70-24-108
Mont. Code Ann. § 70-24-427
Mont. Code Ann. § 70-24-108
Mont. Code Ann. § 70-24-427
Mont. Code Ann. § 70-24-108
Mont. Code Ann. § 70-24-441
Mont. Code Ann. § 70-24-321
Mont. Code Ann. § 70-24-303
Mont. Code Ann. § 70-24-411
Mont. Code Ann. § 70-24-405

Related Rules

§ 151.29
REGULATION OF LEASES IN MOBILEHOME PARKS
§ 1A
Land or tenements used for residential purposes; action by lessor under this chapter to recover possession; conditions and restrictions
§ 5-12-135
Jackson Park Expanded Fair Notice Pilot Program

Source Information