Download Montana Eviction Notice Templates [PDF

Download our customizable Montana eviction notice template and learn how to properly go through the eviction process in Montana.

Last update: 6 Dec 2023

Download Montana Eviction Notice Templates [PDF

The Montana eviction notice is a document that informs the tenant that the landlord wants to terminate the tenancy and gives them a certain amount of time to leave the property.

The eviction notice must also contain the reason for the eviction, which is listed as a legitimate reason for the eviction within the Montana landlord-tenant law. Secondly, the deadline for eviction cannot be shorter than the deadline provided in the Montana landlord-tenant law.

Types of Eviction Notice in Montana

The type of Montana eviction notice the landlord can use mostly depends on the type of lease and the reasons for the eviction. Therefore, below are different types of Montana eviction notices based on these criteria.

Notice to Pay Rent or Quit

The landlord can use this type of eviction notice to inform the tenant to leave the property due to unpaid rent. The landlord must give the tenant at least three days' notice before the eviction date

If the tenant doesn’t leave the property within the provided deadline, the landlord can initiate the eviction process.

Notice for Non-Compliance

This type of Montana eviction notice can be used when the tenant violates the lease agreement or the Montana landlord-tenant law.

Violations can be curable or incurable. The curable violations involve having unauthorized pets or guests at the property. In that case, the landlord will give the tenant three days to fix the violation or leave the property. Incurable violations include the destruction of the rental property or committing assault on the premises. In that case, the tenant will have three days to move out without the possibility of curing the violation.

If the tenant repeats the same violation within six months, the landlord will give them five days to move out without the possibility of curing the violation.

If the violation is not among the activities mentioned above, the notice period is 14 days before the eviction.

Notice for Illegal Activity

If the tenant commits an illegal activity at the property, the landlord can issue this type of Montana eviction notice, giving them three days to vacate without the possibility of fixing the issue.

The illegal activities include, but are not limited to:

Notice for Illegal Activity

  • Production of illegal substances

  • Possession of an illegal firearm or other dangerous item

  • Gang-related activities

Notice to Terminate a Month-to-Month Lease

If the tenant remains at the leased property after the lease term is over (holdover tenancy or tenancy at will) or if there is no set term of the lease (week-to-week or month-to-month tenancy), the landlord can use this Montana eviction notice template to terminate such a tenancy.

The landlord doesn’t have to provide any reason for terminating the lease agreement. However, they must issue the eviction notice to the tenant at least 30 days in advance

Eviction Laws and Requirements in Montana

Laws & Requirements

  • Rent Grace Period: Not provided in Montana Statute.

  • Notice for Rent Non-Payment: 3 days. (§ 70-24-422(2))

  • Notice for Non-Compliance: 14 days. (§ 70-24-422(d))

  • Illegal Activity: 3 days. (§ 70-24-422(4))

  • Periodical Lease Termination: 30 days for a month-to-month lease. (§ 70-24-441)

  • Eviction Process: Landlord’s remedies after termination—action for possession. (§ 70-24-427)

When is Rent Late in Montana?

According to Montana landlord-tenant law, the rent in Montana is late right after the due date is over. However, the parties can provide a grace period in the lease agreement.

In practice, if the rent is due on the 10th of each month, the rent is late starting on the 11th of the month. The landlord can then file an eviction notice and give the tenant a deadline to pay the due rent or leave the premises.

Grounds for Eviction in Montana

The landlord can evict the tenant for one of the following reasons:

Grounds for Eviction

  • If the tenant fails to pay the rent on time

  • In case the tenant violates the lease agreement

  • When the tenant violates the Montana landlord-tenant law

  • If the tenant commits an illegal activity at the leased property

  • In case the landlord wants to terminate the periodic tenancy or tenancy at will

Eviction Process in Montana

Below, you can find all the steps of the eviction process in Montana:

#1. Write a Notice

The landlord will first draft the eviction notice, stating the reasons for the eviction and the deadline by which the tenant must leave the property. 

They will then serve the notice on the tenant using one of the following methods:

Ways to Serve a Notice

  • Handing it to the tenant personally

  • Posting it in a conspicuous place at the leased property

  • Sending it to the tenant via certified mail

If the violation is curable, the landlord can give the tenant the option to fix the violation and stop the eviction process.

#2. File the Complaint

If the tenant doesn’t cure the violation and doesn’t leave the property, the landlord can file an eviction lawsuit. The landlord will do so by submitting the complaint form and the $50 filing fee to the court’s office. The lawsuit should be submitted to the appropriate court according to the location of the property.

#3. Serve the Tenant

The sheriff or constable will then serve the summons and complaint form to the tenant. This will inform the tenant about the proceedings against them and inform them about the court hearing date. 

The tenant then must file an Answer with the court, providing their arguments against the landlord’s claims. If the tenant fails to file an Answer within ten days after they’ve served the summons, the court will issue a default judgment in the landlord's favor.

#4. Wait for the Court’s Judgment

On the hearing date, both the landlord and the tenant will have the chance to present their arguments to the court once again, and the court will then make a decision. The court must issue the judgment no later than five days from the day of the hearing.

After the court issues the judgment, they will issue the Writ of Assistance that the landlord can use to hire the serif to forcefully evict the tenant.

Other Eviction-Related Forms in Montana

Besides the Montana eviction notice, the parties will also use other types of eviction-related forms.

Other Eviction-Related Forms

  • Complaint Form. The landlord uses this form to initiate the eviction and provide the court with basic information about the dispute and their claim.

  • Summons. This document informs the tenant that the landlord initiated an eviction procedure and also notifies them about the date of the court hearing.

  • Answer Form. The tenant uses this document to provide their arguments in the eviction process and counter the landlord’s claims.

Eviction Information for Landlords in Montana

The landlord cannot refer to self-help methods or other methods deemed illegal by the Montana landlord-tenant law to evict the tenant. Otherwise, they will be obliged to pay the amount of up to three months’ rent or three times the actual damages to the tenant, whichever is greater.

The illegal methods of eviction in Montana include:

Eviction Information for Landlords

  • Shutting off the essential utilities at the property (electricity, water, heating)

  • Removing tenant’s belongings from the property

  • Changing the locks at the leased property

Eviction Information for Tenants in Montana

The tenant can use one of the following arguments to fight the eviction in Montana:

Eviction Information for Tenants

  • That they haven’t received the eviction notice

  • That the eviction notice didn’t contain the reasons for the eviction

  • That the reason provided in the notice isn’t the reason for eviction according to Montana landlord-tenant law

  • That they’ve already fixed the violation

  • That the eviction is a retaliatory or discriminatory action against the tenant

How to Write an Eviction Notice in Montana

Montana Eviction Notice Checklist

Montana Eviction Notice FAQ

  • The landlord in Montana can file an eviction lawsuit in the following situations:

    • When the tenant fails to pay the rent on time

    • If the tenant violates the lease agreement or the Montana landlord-tenant law

    • In case the tenant commits an illegal activity at the property

    • If the landlord wants to terminate the periodic lease

  • The Montana landlord-tenant law requires the landlord to send an eviction notice to the tenant before initiating any other eviction-related procedure. If the landlord files an eviction lawsuit without providing a copy of the eviction notice and proof of service, the court will dismiss the lawsuit.

  • This process can last between 3 and 8 weeks, depending on the following factors:

    • Type of lease

    • Reasons for the eviction

    • Actions of the tenant in the eviction process

  • A 3-day eviction notice is acceptable when the reason for the eviction is rent nonpayment or certain types of lease violations. In any other case, the Montana landlord-tenant law prescribes a minimum advance notice that is longer than three days.

Sign Up for Our Newsletter

Newest legal practices, savvy tips and insightful articles.