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 tenant will often be able to avoid eviction by paying rent or correcting an infraction. The notice will relay the reason for the eviction and the number of days the tenant has to comply or move out.

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 tenant will often be able to avoid eviction by paying rent or correcting an infraction. The notice will relay the reason for the eviction and the number of days the tenant has to comply or move out.

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Last updated August 17th, 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 tenant will often be able to avoid eviction by paying rent or correcting an infraction. The notice will relay the reason for the eviction and the number of days the tenant has to comply or move out.

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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 following receipt of the notice.

 

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Notice to Quit | Unauthorized Pets/Persons, Property Damage, and Access Refusal – Provides tenants with 3 or 14 days’ notice to comply or vacate.

 

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Notice to Quit | Non-Compliance or Abandonment – Gives a tenant 14 days to fix a lease violation or move out. For abandonment, it informs a tenant that they have lawfully surrendered 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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3-Day Notice to Quit | Criminal Offense – Informs a tenant that their lease is terminated with three days’ notice due to their arrest or criminal charges against them.

 

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30-Day Notice to Terminate Month-to-Month Lease for Landlords – Landlords can serve this notice to tenants to terminate a month-to-month tenancy.

 

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30-Day Notice to Terminate Month-to-Month Lease for Tenants – Tenants must serve this notice to landlords to terminate their periodic, monthly tenancy agreement.

 

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Notice Requirements

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

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 by posting it on their door, delivering it in person, or mailing it to the address of the rental unit.

Step 2 – Complaint for Possession

If the tenant doesn’t comply with the notice requirements, the landlord can begin the eviction process by filing a Complaint for Possession with the district court, municipal court, justice court, or city court where the property is located (Court Locator) along with Summons, Order Setting Hearing, and Judgment forms.

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

Tenants are required to 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.

A copy of the tenant’s Answer must also be mailed to the landlord with the Proof of Service notarized and filed 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 court date will be set within ten days after the tenant’s Answer is filed. After the hearing date is scheduled, the landlord and tenant will receive copies of the Order Setting Hearing by mail.

The landlord and tenant will need to prepare for the eviction hearing by collecting evidence and copies of all eviction documents. If either party intends to have witnesses testify in court, they must ask the court for a subpoena ordering the witness to attend the hearing.

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 tenant will be required to vacate the property within a period of time determined by the judge.

Step 7 – Enforce Eviction Judgment

If the tenant continues to occupy the premises after being ordered to vacate, the landlord must deliver a 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) & (3)
  3. § 70-24-422(1)(d)
  4. § 70-24-422(1)(e)
  5. § 70-24-441(2)
  6. §§ 70-24-422(4), 70-24-321(3)