70-33-106. Notice. (1) A person has notice of a fact if:

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Terms Used In Montana Code 70-33-106

  • Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201

(a)the person has actual knowledge of the fact;

(b)in the case of a landlord, the notice is delivered at the place of business of the landlord through which the rental agreement was made; or

(c)in the case of a landlord or tenant, the notice is personally delivered to the landlord or tenant or mailed with a certificate of mailing or by certified mail to the place held out by the landlord or tenant as the place for receipt of the communication or, in the absence of a designation, to the landlord’s or tenant’s last-known address. When notice is made by certificate of mailing or certified mail, the service of the notice must be considered to have been made 3 days after the date of mailing.

(2)Notice received by an organization is effective for a particular transaction from the time it is brought to the attention of the individual conducting that transaction on behalf of the organization and, in any event, from the time the notice would have been brought to the individual’s attention if the organization had exercised reasonable diligence.