Montana Eviction Process

How to Evict a Tenant in Montana (6 Steps)

Step 1 – File Eviction Notice With the Tenant

The first step in the Montana eviction notice process is providing the tenant with notice of the violation they have committed, as laid out in Mont. Code Ann. § 70-24-422. The notice should state:

• What violation the tenant has committed, such as failure to pay rent or neglecting to follow the terms of the lease.
• Whether the tenant has the ability to remedy the violation.
• How long the tenant has to remedy the violation.

Mont. Code Ann. § 70-27-110 requires the notice to be delivered to the tenant in a specific way. The preferred method is delivering the notice directly to the tenant. However, if the tenant is not home, the landlord can leave the notice with a person of “suitable age and discretion” on the property and mail a copy of the notice to the tenant’s address. 

Finally, if neither of those options are available, the landlord can post the notice in a conspicuous location on the property and mail a copy of the notice. If there is anyone on the property at the time of attempted delivery, the landlord should also deliver the notice to them directly. 

Step 2 – File an Eviction Lawsuit With the Court

Once the notice period has expired, if the tenant has not remedied any curable breach, the landlord can proceed with filing a complaint in the court. Under Mont, Code Ann § 70-27-101, the eviction lawsuit should be filed in Montana District or Justice Court in the county where the property is registered. The complaint will note the reason for the eviction as well as all steps the landlord has taken to notify the tenant.

The court will then issue a summons to the tenant, as laid out in Mont. Code Ann. § 70-27-113. The summons will lay out the nature of the action and the date and time of the hearing. The summons will also notify the tenant that if they fail to appear, a default judgment will be issued in favor of the landlord. 

Step 3 – The Tenant’s Answer

The tenant has the right to file an answer to the summons in writing. The answer will lay out any reasons the tenant sees that the landlord’s case is invalid, including attempts the tenant may have made to remedy a lease violation. 

Step 4 – Court Appearance

If the tenant submits an answer to the summons, the landlord and tenant will appear in court to present their case. The landlord should bring:

• A copy of the lease agreement.
• The notice provided to the tenant.
• Evidence of the lease violation.

Both sides will have the chance to present their case to the court, and the judge will issue a judgment on the case. The tenant will either have the right to stay on the property, often with a stipulation that they must rectify any lease violations, or the tenant will be ordered to leave the property. 

Under Mont. Code Ann. § 70-27-201, if any question of fact is introduced into the case, the case must be heard by a jury, not by the judge alone. The jury will need to rule on the issue unless the court waives that requirement. 

Step 5 – Writ of Restitution/Execution

If the eviction is due to nonpayment of rent, Mont. Code Ann § 70-27-205 requires the court to wait five days to issue an execution of the eviction. 

The tenant has those five days to catch up on all late rent payments. Other evictions, however, can proceed immediately. The court will issue the Writ of Restitution or Eviction, which will state the date by which the tenant needs to move out of the property.

Timeline

• The court does not provide a specific date and time to the tenant once the Writ of Possession is issued. This information may be on the Writ or given by the judicial officer at the ruling.
• The landlord must store any personal property left by the tenant for at least 19 days.

Step 6 – Sheriff Enforcement

If a tenant does not move out despite the Writ of Restitution or Eviction, the sheriff will enforce the Writ by removing the tenant from the property. 

Reasons for Eviction in Montana

Under Montana Code, Title 70, Chapter 24, most evictions are at-fault evictions: The tenant commits some type of violation of the terms of the lease agreement, such as failing to pay the rent on time, and therefore, the landlord seeks to end the lease. The other type is a no-fault eviction. 

At-Fault Evictions

Before evicting a tenant for noncompliance, the landlord must provide the tenant with notice of the violation and the opportunity to fix it. The time the tenant has to correct the issue will depend on what type of violation the tenant committed. 

An example of a possible at-fault eviction is a tenant who keeps a pet in a no-pet residence. They have the 14 days specified in the Notice of Non-Compliance to remove the pet from the property before the landlord continues with eviction proceedings. 

1. Notice to Quit for Unpaid Rent

Overview

• Under Mont. Code Ann. § 70-24-422(2), if the tenant fails to pay rent on time, the Three-Day Notice to Quit should be submitted to the tenant. 
• Tenants have three days to take care of unpaid rent before the landlord moves forward with eviction proceedings. 
• The three-day deadline includes weekends and court holidays. However, if the deadline falls on a weekend or holiday, it is extended until the end of that period. 
• If the landlord needs to mail the notice to the tenant, the tenant can add three days to the date the letter was mailed before beginning to count down to the deadline. 

2. Notice to Quit for Lease Violations

Overview

• Under Mont. Code Ann. § 70-24-422(1), a Three-Day Notice to Quit for lease violations is used to notify tenants who have broken specific terms of the lease, including an unauthorized pet or resident or verbal abuse of the landlord.
• Tenants have three days to rectify the lease violation or leave the property. 
• The three-day notice period includes holidays and days when the court is not in session. However, if the deadline falls on one of those days, it is extended until the next working day. 

3. Notice to Cure or Quit for Lease Violations

Overview

• Mont. Code Ann. § 70-24-422(1)(d) requires landlords to use a 14-day notice to quit for lease violations that do not include unauthorized pets, residents, or landlord verbal abuse. These violations may include failing to take care of the property or causing less substantial damage to it.
• The 14-day Notice to Cure or Quit tells the tenant what the problem is and what they must do to remedy it, including whether it is remediable by repairs or repayment of damages. It also lays out the date by which the tenant must rectify the breach to prevent the lease agreement from being terminated.
• The 14-day Notice to Cure or Quit includes weekends and bank holidays. 

4. Notice to Quit for Repeat Lease Violations

Overview

• According to Mont. Code Ann. § 70-24-422(1)(e)), landlords should use a Five-Day Notice to Quit for Repeat Lease Violations when the tenant has effectively committed the same violation more than once within a six-month period. This can include any type of lease violation.
• Tenants have five calendar days before the rental agreement will terminate. Often, there is no remedy for repeat lease violations. 
• The five-day notice period includes weekends and bank holidays. However, in cases where the final deadline falls on a weekend or holiday, the tenant may have until the next workday. 

5. Unconditional Notice to Quit for Serious Damage to the Property

Overview

• Under Mont. Code Ann. § 70-24-422, if the tenant destroys part of the property or creates a serious risk of injury for neighboring tenants, the landlord has the right to file a Three-Day Unconditional Notice to Quit.
• This notice ends the lease agreement three days after receipt, with no opportunity for the tenant to remedy the situation.
• The three days are three calendar days and include weekends and holidays. 

No-Fault Eviction

A no-fault eviction occurs when a tenant does not do anything that causes a violation of the lease agreement, but the landlord still wants the tenant to vacate the premises. Typically, a no-fault eviction occurs either at the end of a lease period or when the landlord is ready to end a lease with a non-specified duration. 

1. Notice to Quit for a Week-to-Week Tenancy

Overview

• Under Mont. Code Ann. § 70-24-441(1), the Seven-Day Notice to Quit is used when tenants are on a week-to-week lease and the landlord or tenant wants to terminate the lease agreement.
• Gives either party seven days’ notice that the lease is coming to an end. 
• The seven days include weekends and court holidays. 

2. Notice to Quit for a Month-to-Month Tenancy

Overview

• Under Mont. Code Ann. § 70-24-441(2), the 30-Day Notice to Quit is used to terminate a month-to-month lease arrangement by either the landlord or tenant. 
• The tenant has 30 days to vacate the property under this notice. 
• The 30 days include bank holidays and weekends. 

Eviction Timeline

How long does the eviction process take in Montana? It can depend on several factors, including the specific reason for the eviction. 

Tenant Rights in Montana

Tenants have specific rights that must be upheld by the landlord at all times. 

Self-Help Evictions

A self-help eviction occurs when a landlord tries to forcibly remove a tenant from the property. Mont. Code Ann. § 70-24-411 prohibits landlords from self-help evictions, including discontinuing utility services. Landlords must go through the legal process to evict a tenant or else the tenant can receive damages.

Abandoned Property

When a tenant is evicted from the premises and does not collect all of their property, landlords must act in accordance with the law when disposing of that property. Mont. Code Ann. § 70-33-430 notes that if the lease is terminated by court order, and the tenant does not take their property with them, the landlord can dispose of the property. 

On the other hand, if the tenancy terminates for another reason, the landlord may need to inventory and store those personal effects and notify the tenant in writing that they need to come pick up the property. 

Resources

• Montana Board of Housing
• Tenant/Landlord Rules From the Montana Attorney General’s Office
• University of Montana Rental and Housing Resources