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Montana Notice to Tenants of Intent to Sell

Montana does not require a dedicated notice before listing a rental for sale, but it does require at least 24 hours written notice before you enter to show the unit and 30 days written notice to end a month to month tenancy. Build a compliant Montana Notice of Intent to Sell in minutes with our AI powered document builder, with attorney-review available before you deliver it to your tenant.

Introduction

Planning to sell your Montana rental while someone is still living there? The rules you have to follow come from the Montana Residential Landlord and Tenant Act, and they are not optional. Even though the state does not make you send a single 'Notice of Intent to Sell,' it does require 24 hours' written notice before showing the home to buyers, and 30 days' notice to end a month-to-month tenancy. It also sets rules for how landlord duties and liabilities pass to the new owner. Miss any of these steps in Title 70, Chapter 24 of the Montana Code Annotated and you can face legal and financial penalties. Here is what you need to do.

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Key Things to Know

  1. 1

    24-Hour Notice Before Entry: Under MCA 70-24-312, you must give at least 24 hours' written notice before entering to show the home to buyers, and you can only enter at reasonable times.

  2. 2

    Fixed-Term Leases Stay in Place: Selling the property does not cancel a fixed-term lease. The whole agreement passes to the new owner, who is legally bound by its terms until it expires.

  3. 3

    Ending a Month-to-Month Tenancy: To end a month-to-month tenancy you need to give at least 30 days' written notice, as set out in MCA 70-24-441. That timeline is firm and the notice must be in writing.

  4. 4

    Liability After the Sale: Responsibility for landlord duties passes to the new owner only once the tenant receives written notice of the sale. This is a key step under MCA 70-24-204.

  5. 5

    You Still Own the Deposit Until It Is Handed Off: The original landlord stays fully responsible for the tenant's security deposit and any prepaid rent until it is either lawfully returned to the tenant or formally transferred to the new owner.

  6. 6

    No Official State Form: Montana does not provide a set form for this. It is on the landlord to make sure any written notice meets every requirement in the statute.

  7. 7

    Title 70, Chapter 24 Is the Rulebook: Everything a landlord does during a sale falls under the Montana Residential Landlord and Tenant Act. Not knowing the statutes is not a legal defense.

Key decisions before you file

Before you file a Notice to Tenants of Intent to Sell in Montana, a few decisions shape the document: which option to choose and what each one means. The Notice to Tenants of Intent to Sell guide walks through them.

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Notice of Intent to Sell Property

Statutory Reference: Montana Residential Landlord and Tenant Act (Title 70, Chapter 24, MCA)

Date: ______________________ Delivery Method: [ ] Certified Mail [ ] Personal Service [ ] Posted Notice

To Tenant(s):

Property Address:

______________________, Montana ____________

From Landlord/Owner:

How to Reach the Landlord: ______________________

1. Notice of the Sale

This letter is your written notice that the home you rent at the address above is being put up for sale. We are sending it to keep things clear and to follow the Montana Residential Landlord and Tenant Act. Montana does not require a single 'Notice of Intent to Sell,' but it does set firm rules about landlord access, keeping your lease in place, and passing on responsibilities. Those rules are laid out below. Please read them so the sale goes smoothly and stays within the law. Knowing what to expect helps the sale move forward in an orderly, lawful way, and it protects your rights along the way.

2. Your Rental Agreement

Here is the key point: selling the property does not change or cancel your rental agreement on its own. Your tenancy stays exactly as it is under its current terms and Montana law.

  • If you have a fixed-term lease: Your lease is still a binding contract and stays in full effect until its end date. Whoever buys the property takes it with your lease attached. That means the new owner becomes your landlord and must honor every term of your original agreement.
  • If you rent month-to-month: Under MCA 70-24-441, your month-to-month tenancy continues under the new owner unless it is properly ended. Either the landlord (current or future) or you can end it, but only with a separate written notice given at least thirty (30) days before the next rent due date.

3. Access for Showings

To sell the home, buyers, real estate agents, appraisers, and inspectors will need to see it. That access follows MCA 70-24-312. The landlord or their agent will give you written notice at least twenty-four (24) hours before any entry.

All visits will happen during reasonable business hours. Under this law, your part is to not unreasonably refuse access once you have proper notice. Turning away a lawful entry may break your rental agreement. To help with scheduling, please share your contact information below.

  • Tenant contact for scheduling entry: ______________________

4. Your Security Deposit and Prepaid Rent

Your security deposit and any prepaid rent stay the current landlord's responsibility until they are either lawfully returned to you or formally transferred to the new owner. Once they are transferred, the new owner takes over handling them under the terms of your existing agreement. You will not lose these funds because of the sale. Please sign below to confirm you received this notice.

Tenant Signature

This form gives you a starting structure and is not legal advice. For a customized, state-specific version, see (/legal-document/notice-to-tenants-of-intent-to-sell).

Montana Requirements for Notice to Tenants of Intent to Sell

24-Hour Showing Notice (MCA 70-24-312)

A landlord must provide a tenant with at least 24 hours' written notice before entering to show the rental unit to prospective purchasers. Entry must occur at reasonable times.

30-Day Month-to-Month Termination

To end a month-to-month tenancy, either the landlord or the tenant must provide at least 30 days' written notice to the other party before the intended termination date.

Fixed-Term Lease Survives Sale

A property sale does not terminate a fixed-term lease. The new owner assumes the landlord's obligations and the lease continues until its original expiration date.

Security Deposit & Prepaid Rent Handling

The selling landlord remains liable for all security deposits and prepaid rent. These funds must be either returned to the tenant or formally transferred to the buyer, with the tenant receiving written notice of the transaction.

No Mandated Sale Notice or Form

Montana law does not require a specific 'notice of intent to sell' or provide an official state form; this notice is a best practice based on other statutory requirements for entry and lease management.

Tenant Cooperation for Showings

After receiving proper 24-hour notice, a tenant may not unreasonably withhold consent for the landlord to enter the property for the purpose of showing it to prospective buyers.

Written Notice of Conveyance Required

Per MCA 70-24-204, the selling landlord is relieved of future lease liability only after the tenant receives written notice of the property's conveyance to a bona fide purchaser.

Quiet Enjoyment Maintained

The landlord's right of entry must not be abused or used to harass the tenant. Showings should be scheduled to minimize disruption to the tenant's right to quiet enjoyment.

Frequently Asked Questions

Before I bring buyers through, Montana law wants 24 hours' written notice to my tenant, and the visit has to land at a reasonable hour (MCA 70-24-312). I usually confirm the exact time in writing so there is a record and my tenant is not caught off guard.

Selling does not cut my tenant's fixed-term lease short. The buyer steps into my shoes as landlord and inherits the agreement exactly as written, so my tenant stays put on the same terms until the original end date. This holds true everywhere in Montana.

There is no official Montana form for a notice of entry to show the place. I draft my own written notice and just make sure it covers what state law expects, so it holds up if my tenant ever questions whether the entry was proper.

Once I have given the 24-hour written notice, my tenant cannot unreasonably block a showing (MCA 70-24-312). The statute lets me reach my property for a genuine business reason like a sale, while still protecting my tenant's quiet enjoyment, so cooperation runs both ways.

For a month-to-month tenant, a sale lets me end things with 30 days' written notice to vacate (MCA 70-24-441). That is a separate track from a fixed-term lease, which I cannot touch mid-term. Either of us can start the 30-day clock.

My tenant learns three things from the notice I send: that I plan to sell the property, how I will coordinate showing times so their schedule is respected, and that a current fixed-term lease keeps its full force even after a new owner takes over.

My tenant receives the notice through a method that creates proof it arrived. I can hand it over in person, send it by certified mail with a return receipt, or use whatever delivery route the written lease already permits, keeping a record either way.

My tenant's security deposit passes from me to the buyer at closing. From that point the new owner holds the money and becomes responsible for returning it once the tenancy ends, so the funds stay protected throughout the change in ownership.