Warning of Default on Residential Lease - Montana 2025

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The default clause should outline how the process will work. Most clauses dont consider tenants in default until at least five days after the rent was due. Your state and city may also have local tenant laws that dictate when a renter can be considered in default.
A default is a failure to comply with a provision in the lease. Curing or remedying the default means correcting the failure or omission. A common example is a failure to pay the rent on time.
Today, we look at another lease issue that becomes more critical in the ground lease context: defaults. Unlike a space lease, defaulting on a ground lease is likely to lead to the tenant losing a building that the tenant constructed, even if its the ground lessor that defaults.
The tenant will be in default of the lease for failure to pay rent on time or to perform its other contractual obligations.
The occurrence of any of the following shall be a Default: (a) Tenant fails to pay any Monthly Rental Installment or Additional Rent within ten (10) days after the same is due, or Tenant fails to pay any other amounts due Landlord from Tenant within thirty (30) days after written notice thereof from Landlord to
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Commercial leases require an effective default clause that allows the landlord to force a tenant to comply with all lease obligations. The default clause commonly provides the procedure for obtaining an eviction or the threat of an eviction for a commercial tenants violation of the lease.
Month-to-Month Tenancies A Montana landlord who wants to end a month-to-month tenancy, but does not have legal cause for eviction, can give the tenant a written 30-day notice.
A break clause gives you the right to take possession of the property back after a set period of time. This can be useful in various situations. For example, if you wish to move back into it yourself, or your relationship with the tenants has broken down and it is in your best interest to reclaim the property.

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