Updated June 06, 2023
A Montana eviction notice is a formal letter used to notify a tenant of a lease violation. The most common infraction is for non-payment but the notice can be used for any type of lease non-compliance.
By Type (1)
Notice to Quit for All Eviction Types – Check the appropriate box, in accordance with § 70-24-422, for the following time period that best matches the tenant’s infraction:
Download: Adobe PDF
Table of Contents |
Eviction Laws
- Rent Grace-Period: 3 days. § 70-24-422(2)
- Non-Payment of Rent: 3 days. § 70-24-422(2)
- Non-Compliance: 14 days. § 70-24-422(d)
- Substantial Damage to Property: 3 days. § 70-24-422(3,4)
- Termination (Month-to-Month Lease): 30 days. § 70-24-441
- Filing an Eviction: 70-24-427
Curable Violations
- Nonpayment of rent – 3 days
- Unauthorized persons or pets – 3 days
- Refusal to allow access – 24 hours to allow access or be forced to move out within 14 days
- Changed, removed, or added locks without permission – 24 hours to fix or be forced to move out in 14 days
- Destruction or damage to the premises – 3 days to fix
- Any other violation of the lease agreement – 14 days to fix or move-out
Incurable Violations
- Sublease or abandonment – Immediate
- Charged with the production of illegal drugs or gang-related activity – 3 days
- Repeating a violation within six (6) months – 5 days
- Week-to-week tenancy – 7 days
- Month-to-month tenancy – 30 days
Court Forms
Guide – Instructions and forms provided by the State on how to evict a tenant.
Complaint for Possession – The landlord must file this document to begin an eviction case, in it they will describe their reason for eviction.
Summons – The summons form is served on the tenant to inform them of the case against them.
Request Serve Documents – This document formalizes a request to have the summons served on the tenant.
Request a Hearing – This form will be completed by the court when a hearing date is set.
Judgment – This document will record the court’s verdict.
Answer – The tenant may rebut the landlord’s complaint by filing an answer with the court.
Writ of Assistance – If the tenant fails to vacate after a judgment in the landlord’s favor, this document is used as a last resort to have them removed by the sheriff.
When is Rent Due?
Rent is due on the date set forth in the lease between landlord and tenant. If rent is late, the landlord must provide 3 days’ notice before commencing eviction proceedings.
How to Evict (Process)
Step 1 – The first thing a landlord must do is provide the requisite notice to the tenant of the violation and the intent to seek redress in court if the tenant fails to make the changes required, the payments required, or fails to move out as directed. A landlord can use this form to notify tenants making sure that he or she provides the correct time period for the tenant to respond upon receiving notice.
Step 2 – If the tenant fails to respond, the landlord may file a Complaint and Summons in the City Court, Municipal Court, Justice Court, or District Court. In addition, the landlord will have to file a Request to Serve in order to have the sheriff properly serve the tenant with the Complaint and Summons.
Step 3 – Tenant will have ten (10) days to Answer after receiving the complaint (View Guide to Answer an Eviction). If the tenant doesn’t answer, the landlord may receive a Judgment from the court. If the tenant does answer, the court will set a hearing within 20 days after the landlord files a Request.
Step 4 – If the landlord prevails, but the tenant still fails to move out, he or she may apply for a Writ of Assistance to get the sheriff to move the tenant out.