Understanding Eviction Notices in Montana
Before filing an eviction lawsuit in court, Montana landlords must issue eviction notices per state law. The notice they give depends on the tenant’s default, whether it’s breaking a lease term or failing to pay rent. The required notice increases if the landlord wants to terminate the lease.
Whatever the case is, we offer Montana eviction notice templates to help you through the process. Choose the one that applies to your situation and create it via our document editor. Download the final version for delivery to the tenant in PDF or Word format.
Types of Eviction Notices in Montana
Montana law outlines various eviction notice types that landlords must use based on whether the issue involves unpaid rent, lease breaches, or the end of a tenancy.
3-Day Notice to Pay Rent or Quit
Use this form to tell a tenant to pay overdue rent or leave the property within three days per MT Code § 70-24-422(2). According to their rental agreement, tenants must make payments by the specified due date. If they do not comply, landlords have the right to issue this notice promptly.
In the event that the tenant neither pays the owed rent nor vacates the premises within the three-day period following receipt of the notice, the landlord can pursue an eviction by submitting a formal complaint to the court.
3-Day Notice to Pay Rent or Quit
Inform a tenant if they haven't paid rent on time.
3-Day Notice to Quit for Non-Compliance (Relating to Unauthorized Persons or Pets)
Use this form to inform the tenant that they are harboring unauthorized individuals or pets on the rental premises, per MT Code § 70-24-422(1)(b-c). The tenant is given three days to rectify the situation by removing the unauthorized persons or pets. This notice is applicable in situations where the lease explicitly prohibits such occupancy or pet ownership, and the violation is immediately rectifiable.
Within the three-day period, the tenant must either ensure that the unauthorized individuals or pets are no longer on the property or prepare to vacate the premises. Failure to comply with this notice allows the landlord to initiate eviction proceedings.
This notice is specifically tailored to address violations involving unauthorized occupants or pets, as distinguished from other types of lease violations or property abandonment scenarios.
3-Day Notice to Quit for Non-Compliance (Relating to Unauthorized Persons or Pets)
Use this notice to begin evicting a tenant if they've allowed an unauthorized person or pet to live on the property.
14-Day Notice to Quit for Non-Compliance
Use this form to alert a tenant that they have either violated the terms of their lease or left the property unoccupied. In cases where the tenant has breached a condition of the lease that can be fixed, they receive 14 days to resolve the problem (per MT Code § 70-24-422(1)(b-c)) or leave the property.
Should the tenant fail to meet the demands of this notice, the landlord then gains the right to initiate eviction proceedings. Additionally, if a tenant has deserted the rental property, the landlord can legally consider the property relinquished and proceed to lease it to a new tenant.
14-Day Notice to Quit for Non-Compliance
Begin evicting a tenant if they've broken the terms of your lease (except for offenses relating to unauthorized persons or pets).
30-Day Notice Lease Termination
Write and issue this letter to inform a tenant that you will end a month-to-month tenancy under MT Code § 70-24-441(2). It states that the tenancy will end in thirty days, and if the tenant fails to vacate after the notice period, they may be evicted. You are not obligated to provide a reason for termination.
If the tenant does not vacate within thirty days of receiving the notice, you can take legal action to evict them from the property. If ending a week-to-week tenancy, you must provide seven days’ notice under MT Code § 70-24-441(1).
30-Day Notice Lease Termination
Use this notice to let a tenant know that you're ending a month to month lease.
How to Evict a Tenant In Montana
In Montana, eviction lawsuits are governed by Title 70, Chapter 24, Part 4 of the Montana Code Annotated.
Step 1: Serve an Eviction Notice
Beginning the eviction process in Montana requires a landlord to serve the tenant with the appropriate Montana eviction notice. This notice is intended to provide the tenant with the information they need to cure the default—as well as a notice that any failure to cure the default may result in an eviction.
Step 2: File an Eviction Lawsuit with the Court
Suppose the tenant refuses to move out of the property, pay past-due rent, or take any other (legal) action listed in the eviction notice. In that case, a landlord can file an eviction lawsuit with the district court in the county where the rental property is located.
Step 3: Gather Evidence
At the court hearing, you’ll need to present evidence to show three factors: (1) there was a valid lease; (2) the tenant breached this lease; and (3) this breach resulted in damages, and the landlord is entitled to immediate possession. Evidence can include a copy of the lease agreement, payment records, photographs, or even witness testimony.
Step 4: Attend the Court Hearing
After you file an eviction lawsuit, the trial court will schedule the case for a hearing and notify the tenant that they must attend. At this hearing, the court will take evidence and hear testimony to determine whether the tenant violated the lease and what the remedy should be.
Step 5: Wait for the Outcome
If the court finds that the landlord has proven their entitlement to the property and/or money damages, it will enter a judgment for possession. A tenant’s failure to promptly vacate the property after this judgment has been entered can result in additional monetary sanctions, especially if the landlord must file additional pleadings with the court to seek enforcement of its order.
Related Montana Court Forms
- Giving Your Tenant Notice to Vacate – Informational PDF: Helps landlords understand how to approach eviction with tenants.
- Writ of Assistance: A court order that tells Montana law enforcement to enforce a previous court judgment.
