Property Management

When a Montana commercial tenant's lease expires and the tenant continues to occupy the premises with the landlord's consent but without a new lease agreement, the tenancy becomes:

AA tenancy at sufferance
BA holdover tenancy (tenancy at will) or periodic tenancy, typically month-to-month✓ Correct
CAn illegal occupancy requiring immediate eviction
DA new 1-year lease automatically

Explanation

When a commercial tenant holds over after lease expiration with the landlord's implied consent (by accepting rent), Montana law typically treats this as a holdover periodic tenancy—often month-to-month. The landlord can establish different terms by express agreement or by demanding the tenant vacate.

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