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Ask Loren Your Own Question
Loren, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 28510
Experience:  Attorney with 30 years of experience representing landlords and tenants.
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We have been renting for four years. The first year we had a

Customer Question

We have been renting for four years. The first year we had a lease and the last three years we have been without one. recently our land lord told us she wanted to sell the property and was going to put on the market and sell in a week. Do we have any rights as far as allowing people to enter our home and or time allowed to vacate?
Submitted: 9 days ago.
Category: Landlord-Tenant
Expert:  Loren replied 9 days ago.

Good afternoon. I am Loren, a licensed attorney, and I look forward to assisting you.

Which state?

Customer: replied 9 days ago.
Expert:  Loren replied 9 days ago.

Thank you for the additional information.

Under Montana statute, a tenant must allow "reasonable" access to a landlord to show the property to prospective buyers or tenants. So, while you have to allow some access, you can refuse if it becomes onerous.

Here is the statute:

70-24-312. Access to premises by landlord. (1) A tenant may not unreasonably withhold consent to the landlord or the landlord's agent to enter into the dwelling unit in order to inspect the premises, make necessary or agreed repairs, decorations, alterations, or improvements, supply necessary or agreed services, or exhibit the dwelling unit to prospective or actual purchasers, mortgagees, tenants, workers, or contractors.
(2) A landlord may enter the dwelling unit without consent of the tenant in the case of an emergency.
(3) A landlord may not abuse the right of access or use it to harass the tenant. Except in the case of an emergency or unless it is impracticable to do so, the landlord shall give the tenant at least 24 hours' notice of the intent to enter and may enter only at reasonable times.
(4) A landlord has no other right of access except:
(a) pursuant to court order;
(b) as permitted by 70-24-425 and 70-24-426(2); or
(c) when the tenant has abandoned or surrendered the premises.
(5) A tenant may not remove a lock or replace or add a lock not supplied by the landlord to the premises without the written permission of the landlord. If a tenant removes a lock or replaces or adds a lock not supplied by the landlord to the premises, the tenant shall provide the landlord with a key to ensure that the landlord will have the right of access as provided by this chapter.

Expert:  Loren replied 9 days ago.

With regard to notice to terminate the tenancy, the landlord or tenant may terminate a month to month tenancy in Montana upon one month's notice. So, if notice were given today, it would be effective December 1 because November is the next full month.

Expert:  Loren replied 9 days ago.

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