If you’re a landlord seeking to evict a tenant, use a Montana (MT) eviction notice to begin the process. Your eviction notice must be written according to Montana state law, and give your tenant the legally required amount of time to respond or move out.
In Montana, eviction lawsuits are governed by Title 70, Chapter 24, Part 4 of the Montana Code Annotated.
Eviction notices in Montana are also known as:
- Montana Notice to Vacate
- Montana Notice to Quit
- Montana Notice to Pay Rent or Quit
- Montana Lease Termination
Montana Eviction Notices by Type
Download a free eviction notice customized for Montana state law below in MS Word (.docx) or Adobe PDF format
30-Day Lease Termination: Use this notice to let a tenant know that you’re ending a month to month lease, and that they must prepare to leave your property. In Montana, landlords must give tenants 30 days’ notice to move out if they’re on a month to month lease.
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 broken the terms of your lease relating to unauthorized persons or pets. In Montana, landlords must give such tenants 3 days’ notice before the eviction process can proceed in court. In that time, tenants may have the option to fix or “cure” the problem by removing the unauthorized persons or pets.
14-Day Notice to Quit for Non-Compliance: Use this notice to begin evicting a tenant if they’ve broken the terms of your lease (except for terms relating to unauthorized persons or pets). In Montana, landlords must give tenants 14 days’ notice before the eviction process can proceed in court. In that time, tenants may have the option to fix (or “cure”) the problem.
3-Day Notice to Pay Rent or Quit: Use this notice to begin evicting a tenant if they haven’t paid rent on time. In Montana, landlords must give tenants 3 days to pay rent before the eviction process can proceed in court.
If you wish to send a letter simply reminding your tenant that rent is late (without threat of eviction), use a late rent notice.
Eviction Laws & Requirements
- Laws: Chapter 24 Residential Landlord and Tenant Act of 1977.
- Grace Period for Rent Payment: 3 days (§ 70-24-422 (2))
- Late or Non-Rent Payment Notice: 3 days (§ 70-24-422 (2))
- Notice of Non-Compliance: 14 days (§ 70-24-422 (d))
- Lease Termination (Week-to-Week): 7 days (§ 70-24-441 (1))
- Lease Termination (Month-to-Month): 30 days (§ 70-24-441 (2))
What is the Eviction Process in Montana?
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 he or she needs 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
If the tenant refuses to move out of the property, pay past-due rent, or take any other (legal) action listed in the eviction notice, 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 hearing and notify the tenant that they’re required to 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
- Action for Possession Packet
- Writ of Assistance
- Answering an Action for Possession Packet
- Notice of Moving Out
Eviction Information for Montana Landlords and Tenants
The Montana Landlords’ Rights and Duties Handbook provides information on a landlord’s obligations under state law, as well as some information on remedies if the tenant fails to pay rent or otherwise violates the lease agreement.
Montana’s court systems have also drafted a Montana Tenants’ Rights and Duties Handbook, a companion piece to the Landlords’ Rights and Duties Handbook.
For tenants facing eviction, the following websites can provide more information on your rights, duties, and how to access legal help: