Do I always have to pay an early termination fee in Montana?

Not always. Your lease must include a fee, and state law offers exceptions for military service or domestic violence.

Can my landlord charge both rent and an early termination fee after I move out?

No. Once your unit has been re-rented, you cannot be charged rent or fees for the same period.

Are early termination fees negotiable?

Yes, you may negotiate with your landlord, but make sure any agreement is in writing.

What steps should I take if I must break my lease early?

Review your lease, provide written notice, keep records, and contact legal aid or Justice Court if disputes arise.

Understanding Early Lease Termination Fees in Montana

Moving Out & Ending a Lease Montana published: June 21, 2025

If you're renting in Montana and considering moving out before your lease ends, it's important to understand how early lease termination fees work. Montana law outlines when you may owe a fee, your rights as a renter, and how to minimize extra costs. This guide breaks down your options so you can make informed decisions while staying within state regulations.

What Are Early Lease Termination Fees?

Early lease termination fees are charges that landlords may require if you end your lease before the agreed-upon date. These are meant to cover the landlord's potential losses from vacancy or the costs to find a new tenant. In Montana, these fees must follow state landlord-tenant law and cannot be excessive or arbitrary.

Montana Laws on Ending a Lease Early

Montana’s main law governing rental agreements is the Montana Residential Landlord and Tenant Act (Title 70, Chapter 24). This law outlines when and how a lease can be properly terminated and what responsibilities both renters and landlords have when a lease is broken early.

When Can You End a Lease Early Without Fees?

Active military service: Under federal and Montana law, active duty military members may terminate leases without penalty by providing written notice and a copy of deployment orders.^[1]
Landlord fails to maintain property: If the landlord does not provide essential services or fails to repair major issues after written notice, renters may be able to terminate the lease without penalty after following required steps.^[2]
Domestic violence: Montana law allows survivors of domestic violence to terminate a lease early if certain notice and documentation requirements are met.^[3]

For other reasons, such as relocating for work or personal changes, you may be responsible for paying early termination fees if required by your lease contract.

How Are Early Termination Fees Calculated?

The Montana Residential Landlord and Tenant Act does not set a fixed amount for early termination fees. Instead, these fees are generally determined by your lease agreement. However, landlords must make reasonable efforts to re-rent the unit. You cannot be charged for periods after the landlord successfully re-rents your unit. Landlords cannot double-dip by collecting both full rent and early termination fees for the same period.

Tip: Always request any fee calculations in writing and ask for proof that your landlord tried to find a new tenant after you gave notice.

Notice Requirements for Early Lease Termination

Montana law requires tenants to provide proper notice when ending a lease:

Month-to-month lease: At least 30 days' written notice is required.^[4]
Fixed-term lease: Must follow lease terms or negotiate with the landlord.

If you need to leave before your lease ends, communicate this with your landlord as soon as possible and provide written notice to avoid misunderstandings.

Official Forms for Lease Termination

Notice to Vacate
- Form: Written Notice to Vacate (no official state number)
- When and how to use: Montana law requires sending a written letter to your landlord stating the intended early move-out date. Hand-deliver or send via certified mail and keep a copy for your records.
- Tenant Handbook sample notice (p.19)
Notice of Lease Termination due to Domestic Violence
- Form: Written Notice + Certified Documentation
- When and how to use: Survivors of domestic violence must provide written notice and supporting documentation (like court order or police report) to terminate the lease without penalty as described in Montana Code Annotated § 70-24-210(2).
- Tenant Handbook - Lease Termination due to Domestic Violence

Who Handles Residential Tenancy Disputes in Montana?

Montana does not have a dedicated residential tenancy board. Disputes are typically handled by the local Justice Courts (for most landlord-tenant disputes, including early termination and security deposit issues). You can learn more and find your local court using the Justice Court directory.

What To Do If You're Facing an Early Termination Fee

If you need to break your lease early, follow these key steps:

Review your lease for any specific early termination fee clauses.
Send written notice to your landlord as soon as possible, keeping copies for your records.
If you believe a fee is unfair or illegal, reach out to Montana’s legal aid or consider contacting your local Justice Court.

FAQ: Montana Early Lease Termination Fees

Do I always have to pay an early termination fee in Montana?
Not always. You're only responsible if your lease includes an early termination clause or if the landlord incurs actual financial losses. Certain situations, like military service or domestic violence, can exempt you from penalties.
Can my landlord charge both rent and an early termination fee after I move out?
No, landlords must try to re-rent the unit. You can't be charged rent for the same period the unit is occupied or rented to someone else.
Are early termination fees negotiable?
Sometimes. If you have a good relationship with your landlord, you may be able to negotiate a lower fee or payment plan. Always get any agreement in writing.
What if I need to move for a job or family emergency?
Unless your lease or Montana law specifically allows it, you may still owe a fee or be responsible for rent until the landlord re-rents the unit. Open communication and proper notice may help reduce fees.
Who can help if I think my landlord is overcharging me?
Contact Montana Legal Services Association, your local Justice Court, or review the Montana Tenants’ Rights Handbook for guidance (see resource links below).

Key Takeaways for Montana Renters

Early termination fees must align with Montana law and your lease agreement.
Written notice is required—be timely and keep records.
Certain legal protections may release you from penalties (e.g., military, unsafe housing, domestic violence).

Review your lease, understand your rights, and seek official resources if issues arise.

Need Help? Resources for Renters

Montana Department of Commerce, Housing Division – Statewide housing program info and renter guidance
Montana Legal Services Association – Free legal help for renters
Montana Tenant-Landlord Handbook (PDF) – Official guide for renters and landlords
Montana Justice Courts Directory – For rental and deposit dispute filings