Montana Eviction Notice Templates (7)

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A Montana eviction notice is used before filing an eviction lawsuit to inform a tenant that they may be evicted if they don’t vacate the property or resolve an issue concerning their tenancy. The notice will relay the reason for the eviction and the number of days the tenant has to comply. The tenant will often be able to avoid eviction by paying rent or correcting an infraction.

Montana Eviction Notice Templates (7)

A Montana eviction notice is used before filing an eviction lawsuit to inform a tenant that they may be evicted if they don’t vacate the property or resolve an issue concerning their tenancy. The notice will relay the reason for the eviction and the number of days the tenant has to comply. The tenant will often be able to avoid eviction by paying rent or correcting an infraction.

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Last updated October 12th, 2024

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A Montana eviction notice is used before filing an eviction lawsuit to inform a tenant that they may be evicted if they don’t vacate the property or resolve an issue concerning their tenancy. The notice will relay the reason for the eviction and the number of days the tenant has to comply. The tenant will often be able to avoid eviction by paying rent or correcting an infraction.

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Eviction Notices: By Type (7)

3-Day Notice to Quit | Non-Payment – Informs tenants that they must pay rent or move out within three days of receiving the notice.

 

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14-Day Notice to Quit | Non-Compliance – Gives a tenant 14 days to fix a lease violation or move out.

 

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3-Day Notice to Quit | Unauthorized Pets/Persons – Provides tenants with three days to move out or remove an unauthorized pet or person from the property.

 

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3-Day Notice to Quit | Property Damage – Informs a tenant that they may be evicted in three days for damaging the property.

 

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5-Day Notice to Quit | Repeat Violation – If a tenant commits a repeat violation within six months of an initial infraction, this gives them five days to vacate.

 

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30-Day Notice to Terminate Month-to-Month Lease – This notice terminates a month-to-month tenancy with 30 days’ notice to the other party.

 

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3-Day Notice to Quit | Illegal Activity – Informs a tenant that their lease is terminated with three days’ notice due to their arrest or criminal activity.

 

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Notice Requirements

  • Grace Period – Not mentioned in state statutes.
  • Non-Payment of Rent – 3 days.[1]
  • Non-Compliance – 14 days.[2]
  • Unauthorized Pets/Persons – 3 days.[3]
  • Property Damage – 3 days.[4]
  • Lease Non-Compliance (Repeat Violation) – 5 days.[5]
  • Periodic Tenancy Termination – 30 days.[6]
  • Illegal Activity – 3 days.[7]

How to Evict a Tenant in Montana

Step 1 – Notice to Quit

The landlord must fill out the appropriate Notice to Quit to include the personal information of both parties and a description of the reason for eviction.

The completed Notice to Quit must be delivered to the tenant in person, by first-class mail, or by email. If sent by mail, three days must be added to the notice period.

Step 2 – Complaint for Possession

If the tenant doesn’t comply with the notice, the landlord can file a Complaint for Possession with the district court, municipal court, justice court, or city court where the property is located (Court Locator) to have them evicted.

The Summons, Order Setting Hearing, and Judgment forms must also be completed and filed.

The court clerk will input the case details in the Summons document and return it to the landlord.

All paperwork needed to file an eviction lawsuit can be accessed in the Action for Possession Packet.

Step 3 – Summons

The landlord must complete a Request to Serve Documents and give it to the sheriff’s office along with the Complaint for Possession, Summons, and a self-addressed envelope.

The sheriff will serve the Complaint for Possession and Summons on the tenant and provide the landlord with a Proof of Service to be filed with the court.

Step 4 – Tenant’s Answer

To avoid default judgment, the tenant must submit an Answer to the court along with a Judgment form and (if applicable) Statement of Inability to Pay Court Costs and Fees within five business days of being served.

The tenant must mail a copy of the Answer to the landlord and file a notarized Proof of Service with the court.

If the tenant fails to respond after five days, the landlord may ask the court to render a default judgment in their favor.

Step 5 – Prepare for Eviction Hearing

A hearing date will be scheduled to take place within 10 days of the tenant’s Answer. After the hearing date is scheduled, the landlord and tenant will receive copies of the Order Setting Hearing by mail.

Step 6 – Judgment

At the hearing, the court will review the evidence presented by both parties and issue a Judgment. If either party doesn’t attend the hearing, a judgment may be given in favor of the individual who is present.

If the tenant wins the lawsuit, they will retain their right to occupancy of the rental unit. If the landlord prevails, the judge will issue a Writ of Possession and Writ of Assistance, and the tenant will be required to leave.

Step 7 – Enforce Eviction Judgment

If the tenant continues to occupy the premises after being ordered to vacate, the landlord must deliver the Writ of Assistance to the sheriff’s office and request that they evict the tenant. Law enforcement will then visit the dwelling to remove the tenant from the property.

Sources

  1. § 70-24-422(2)
  2. § 70-24-422(1)(d)
  3. § 70-24-422(1)(b), (c)
  4. § 70-24-422(4)
  5. § 70-24-422(1)(e)
  6. § 70-24-441(2)
  7. §§ 70-24-422(4), 70-24-321(3)