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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Grenfell v. Anderson, 1999 MT 272 (1999)

Citation
Grenfell v. Anderson, 1999 MT 272 (1999)
Parent Document
Grenfell v. Anderson, 1999 MT 272 (1999)
Jurisdiction
Montana (state)
Effective Date
1999-11-09

Other Sections in This Document (105)

Full Text

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¶ Anderson suggests that the common law "notice to quit" rule should apply. This rule states
that "notice is generally held to be sufficient if it is served in such a way as will cause it to come
into the hands of the party served . . ." 49 Am.Jur.2d Landlord and Tenant § 274 (1995).
Anderson then directs our attention to Hotel Hay Corp. v. Milner Hotels, Inc. (Wisc. 1949), 39 N.
W.2d 363, which held that a similar 20-day default cure period did not commence until the lessee
was in actual receipt of the notice. Finally, he cites to the Restatement (Second) of Property for
the rule that if notice of termination is mailed "the notice is not effective until it is received by the
addressee." Restatement (Second) of Property, Landlord and Tenant § 1.5 cmt.f (1977). This rule
is intended to govern periodic tenancies, which have no fixed ending term.