In Montana, in order for the delivery of a lease termination or eviction notice to be legal, certain rules and procedures must be followed. If they are not and the case proceeds to court, the case may be postponed or dismissed by a judge.
Who Can Serve Eviction Notices in Montana?
In Montana, landlords can serve eviction notices and lease termination notices themselves. Landlords may choose to hire a sheriff, process server or independent party over eighteen (18) years old to serve an official notice, but they are not required to do so by law.
When Can Eviction Notices Be Served in Montana?
In Montana, lease termination and eviction notices can be served immediately on any day of the week and at any time of day.
For a 3 Day Notice to Quit for nonpayment of rent, the eviction notice for tenants that do not pay rent in full and on time, a landlord can serve notice the day after rent is due. There is no legal grace period for paying rent in Montana, rent is late starting the day after it’s due.
Acceptable Forms of Service in Montana
Montana landlords may deliver an eviction notice by any method which results in actual notification of the other party. State law gives a presumption of legal validity to the following methods:
- Hand delivery to the tenant
- Delivery by certified mail, or by first class mail with a certificate of mailing
- Delivery of electronic notice (by email), if the tenant has provided an email address in the rental agreement
Electronic notice is considered delivered when the tenant replies (other than an automatic reply), or when the system generates a read receipt. Mailed notice extends a notice period by three (3) calendar days, to account for variable delivery times.
Obtaining Proof of Service in Montana
A landlord can demonstrate proof that a notice was delivered through the following methods:
- Hand Delivery – by completing a Declaration of Service at the time of delivery
- Certified/First Class Mail – via a return receipt or certificate of mailing and by completing a Declaration of Service at the time of mailing
- Electronic Delivery – by receiving a read receipt confirmation from the email system or receiving a reply message from the recipient, and completing a Declaration of Service
Montana Eviction and Lease Termination Notice Forms
| Notice Form | Grounds |
| 3 Day Notice To Quit | Eviction for Unpaid Rent |
| 3 Day Notice To Comply or Vacate | Eviction for Verbally Abusing Landlord
Eviction for Unauthorized Pets / Occupants |
| 14 Day Notice To Comply or Vacate | Eviction for Lease Violation |
| 3 Day Notice To Vacate | Eviction for Illegal Activity |
| 5 Day Notice To Vacate | Eviction for Repeat Lease Violation |
| 7 Day Notice To Vacate | Ending a Weekly Lease |
| 30 Day Notice To Vacate | Ending a Monthly / Yearly Lease |
Sources
- 1 Mont. Code § 70-24-108(1)
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A person has notice of a fact if any of the following is true:
(a) the person has actual knowledge of it; (b) in the case of a landlord, it is delivered at the place of business of the landlord through which the rental agreement was made; (c) in the case of a tenant or a landlord, it is transmitted to an electronic mail address provided by the tenant or the landlord in the rental agreement. Notice by electronic mail is complete on receipt of a read receipt generated by an electronic mail system or an electronic mail reply other than an automatically generated electronic mail reply. (d) in the case of a landlord or tenant, it is delivered in hand to the landlord or tenant or mailed with a certificate of mailing or by certified mail to the person at the place indicated by the person as the place for receipt of the communication or, in the absence of a designation, to the person’s last-known address. If notice is made with a certificate of mailing or by certified mail, service of the notice is considered to have been made on the date 3 days after the date of mailing.
