Steps of the eviction process in Montana:
- Landlord serves tenant written notice.
- Landlord files complaint with court (if unresolved).
- Answer is filed.
- Court holds hearing issues judgment.
- Writ of possession is issued.
- Possession of property is returned to landlord.
Evicting a tenant in Montana can take around three to eight weeks, depending on the eviction type. If tenants file an appeal, the process can take longer.
Grounds for an Eviction in Montana
In Montana, a landlord cannot legally evict a tenant without cause. Legal grounds to evict include not paying rent on time, staying after the lease ends, violating lease terms or illegal activity. Even so, proper notice must first be given before ending the tenancy.
| Grounds | Notice Period | Curable? |
|---|---|---|
| Nonpayment of Rent | 3 Days | Yes |
| End of / No Lease | 30 Days | No |
| Lease Violation | 3/5/14 Days | Maybe |
| Illegal Activity | 3 Days | No |
Eviction for Nonpayment of Rent
In Montana, a landlord can evict a tenant for not paying rent on time. To do so, they must first give 3 days’ notice to pay rent or vacate the premises. If the tenant does neither after that time, the landlord can move forward and file an eviction lawsuit.
Unless the lease states otherwise, rent is due at the beginning of each pay period and is considered late in Montana the day immediately after its due date. So for example, if rent is due on the first of the month, it is considered late starting on the second of the month (if not paid in full). There is no right to a legal grace period (i.e., five days) or exceptions for weekends or court-observed holidays.
Once rent is considered late, the landlord can begin the eviction process by serving the tenant with proper notice.
Eviction for No Lease or End of Lease
In Montana, a landlord can evict a tenant without a lease or with a lease that has ended (known as a “holdover tenant” or “tenant at will”). To do so, they must first terminate the tenancy by giving proper notice to move out (30 days for tenants that pay month-to-month).
Once the tenancy ends, if the tenant remains on the property, the landlord can move forward and file an eviction lawsuit.
Eviction for Violation of Lease or Responsibilities
In Montana, a landlord can evict a tenant for violating the terms of their lease or not upholding their responsibilities under Montana landlord-tenant law. Some violations allow the tenant to fix (“cure”) the issue to avoid removal and other violations do not allow the tenant to fix the issue (“incurable”) and the tenant must move out.
If the issue is curable the landlord can give 3 days’ notice to fix the issue or move out before proceeding with an eviction and if the issue is incurable the landlord must give 3 days’ notice to move out without the chance to fix the issue.
Tenant responsibilities include:
- Complying with building and housing codes.
- Keeping the premises clean and safe.
- Disposing garbage and trash in a clean and safe manner.
- Using all appliances and facilities in a reasonable manner.
- Not disturbing neighbors’ peaceful enjoyment of the premises.
- Using the premises in a reasonable manner.
Curable Violations
For more minor offenses, the tenant is given the opportunity to fix the issue and remain at the property. A landlord can provide a 3 days’ notice to fix the issue or move out.
Examples of curable violations include:
- Unauthorized pets.
- Unauthorized guests.
Incurable Violations
For more serious offenses, the tenant isn’t given the opportunity to fix the issue and remain at the property. For incurable violations, a landlord must provide a 3 days’ notice to move out.
Examples of incurable violations include:
- Creating a reasonable threat of damage or destruction to the rental property.
- Verbally abusing the landlord.
- Causing excessive property damage.
If a violation is not listed above, the landlord can provide the tenant with a 14 days’ notice to fix the issue or move out.
If the tenant commits the same violation within a six-month timeframe, the landlord may terminate the tenancy and provide the tenant with a 5 days’ notice to vacate without the chance to cure the issue.
If the tenant remains on the property after the notice period expires, the landlord may proceed with the eviction process.
Eviction for Illegal Activity
In Montana, a landlord can evict a tenant for an illegal activity. To do so, they must first give 3 days’ notice to vacate. Tenants are not allowed to fix the issue (“incurable”) and must move out.
In Montana, illegal activity includes:
- Criminal production or manufacture of dangerous drugs.
- Operation of an unlawful “clandestine” laboratory.
- Gang-related activities.
- Unlawful possession of a firearm, explosive, or toxic hazardous substance.
If the tenant remains on the property after the notice period expires, the landlord may proceed with the eviction process.
Illegal Evictions in Montana
In Montana, any of the below is illegal. If found liable, the landlord could be required to pay the tenant up to three months’ periodic rent or triple the amount of actual damages sustained, whichever is greater.
“Self-Help” Evictions
No matter the situation, a landlord is not allowed to forcibly remove a tenant by:
- Changing the locks.
- Shutting off utilities.
- Removing tenant belongings.
A tenant can only be legally removed with a court order obtained through the formal eviction process.
Retaliatory Evictions
It is illegal for a landlord to evict a tenant in response to exercising a legally protected right. These rights include:
- Complaining about health and safety issues to the landlord.
- Filing a complaint to a government authority.
- Joining a tenant’s union or organization.
Step 1: Landlord Serves Notice to Tenant
A landlord can begin the eviction process in Montana by serving the tenant with written notice. The notice must be delivered by one of the following methods:
- Giving a copy to the tenant in person.
- Leaving a copy of the notice with someone of “suitable” age and discretion at the tenant’s residence or workplace if the tenant cannot be found AND mailing a copy to the tenant.
- Posting a copy of the notice in a conspicuous place at the rental unit if the tenant cannot be found AND mailing a copy to the tenant.
It is important for a landlord to always maintain a copy of the signed and served notice as proof of proper service of notice.
3-Day Notice to Pay Rent or Quit
If a tenant is late on paying rent (full or partial) in Montana, the landlord can serve them a 3-Day Notice to Pay or Quit. This notice gives the tenant 3 calendar days to pay the entire remaining balance or vacate the premises.
30-Day Notice to Quit
For a tenant with no lease or a month-to-month lease in Montana, the landlord must serve them a 30-Day Notice to Quit to end the tenancy. This eviction notice allows the tenant 30 calendar days to move out.
For tenants that don’t pay monthly, the amount of notice differs:
| Rent Payment Frequency | Notice Amount |
|---|---|
| Week-to-Week | 7 Days |
| Month-to-Month | 30 Days |
If the tenant has a fixed-term lease (a lease with a specific end date), the landlord is not required to give the tenant written notice and must vacate immediately.
3-Day Notice to Cure or Vacate
In Montana, if a tenant violates the terms of their lease (i.e., has unauthorized pets or guests) the landlord can serve them a 3-Day Notice to Cure or Vacate. This eviction notice gives the tenant 3 calendar days to fix the issue or move out.
3-Day Notice to Quit
In Montana, if a tenant commits an illegal activity or violates the terms of their lease (i.e., threatening to damage/destroy the premises, or verbally abusing the landlord) the landlord can serve them a 3-Day Notice to Quit. This eviction notice gives the tenant 3 calendar days to move out without the chance to fix the issue.
14-Day Notice to Cure or Vacate
In Montana, for all other lease violations, the landlord can serve them a 14-Day Notice to Cure or Vacate. This eviction notice gives the tenant 14 calendar days to fix the issue or move out.
5-Day Notice to Quit
In Montana, if a tenant commits the same lease violation within a six-month timeframe, the landlord can serve them a 5-Day Notice to Quit. This eviction notice gives the tenant 5 calendar days to move out without the chance to fix the issue.
Step 2: Landlord Files Lawsuit with Court
As the next step in the eviction process, Montana landlords must file a complaint in the appropriate court. Filing fees may vary, for example, in Missoula County, the fees cost $50.
The summons and complaint may be served on the tenant by a sheriff, deputy, constable, or anyone else over the age of 18 who isn’t part of the case, prior to the eviction hearing through one of the following methods:
- Giving a copy to the tenant in person
- Mailing a copy to the tenant via first class mail with an acknowledgment
If no acknowledgment of mailing has been received within 20 days, the landlord must choose another method of service authorized under Montana law.
Step 3: Answer is Filed
In the state of Montana, tenants are required to file an answer with the court if they want to “contest,” or object to, the eviction hearing.
An answer is a written document the tenant files that explains their reasons for believing the eviction should not take place.
Tenants must file their answer within 10 days of the date they were served with the summons and complaint.
If tenants fail to file an answer within the deadline, the court will issue a default judgment in favor of the landlord, meaning the tenant will have to move out of the rental unit without being able to attend an eviction hearing.
Step 4: Court Holds Hearing & Issues Judgment
For evictions due to illegal activity, the hearing must be held within five business days of the date the tenant’s answer was due.
For all other evictions, the hearing must be held within 14 days of the date the tenant’s answer was due.
If the tenant fails to appear for the hearing, the judicial officer may issue a default judgment in favor of the landlord, meaning the tenant would have to move out.
The judicial officer must make a final decision on the eviction (or “ruling”) within five days of the hearing.
If the tenant chooses to appeal, the appeal hearing must be held within five days of the date the case is transferred to the appeals court for illegal activity evictions, or within 14 days of the date the case is transferred to the appeals court for all other evictions.
If the judge rules in favor of the landlord, either through a default judgment or at an eviction hearing, a writ of possession will be issued and the eviction process will continue.
Step 5: Writ of Possession Is Issued
The writ of possession is the tenant’s final notice to leave the rental unit and gives them the opportunity to remove their belongings before the sheriff returns to the property to forcibly remove the tenant.
If the court has ruled in the landlord’s favor, the writ of possession will be issued immediately. The sheriff shall execute the writ of possession within five business days.
Step 6: Possession of Property is Returned
Montana state law doesn’t specify whether tenants have additional time to move out of the rental unit after the writ of possession has been issued. Tenants should be prepared to move out immediately.
The judicial officer will announce in their ruling how much additional time (if any) the tenant has to move out of the rental unit before law enforcement officers return to forcibly remove the tenant.
Montana Eviction Process Timeline
In Montana, an eviction can be completed in 3 to 8 weeks but can take longer depending on the reason for eviction, whether the eviction is contested, which days courts are (or aren’t) in session and other various possible delays.
Below are the parts of the Montana eviction process outside the control of landlords for cases that go uncontested.
| Step | Estimated Time |
|---|---|
| Initial Notice Period | 5-30 Calendar Days |
| Court Issuing/Serving Summons | 3-21 Business Days |
| Tenant Response Period | 10 Business Days |
| Court Ruling | 5-14 Business Days |
| Court Serving Writ of Possession | ~1-5 Business Days |
| Final Notice Period | ~ 1-3 Business Days |
Flowchart of Montana Eviction Process
For additional questions about the eviction process in Montana, please refer to the official legislation, Montana Annotated Code §§70-24-401 to 70-24-442, §§70-24-301 to 70-24-322, and the Montana Justice and City Court Rules of Civil Procedure, Rule 4, for more information.
Sources
- 1 MT Code §70-24-422 (2019)
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(2) If rent is unpaid when due and the tenant fails to pay rent within 3 days after written notice by the landlord of nonpayment and the landlord’s intention to terminate the rental agreement if the rent is not paid within that period, the landlord may terminate the rental agreement.
- 2 MT Code §70-24-441 (2019)
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(1) The landlord…may terminate a week-to-week tenancy by a written notice…at least 7 days before the termination date specified in the notice. (2) The landlord…may terminate a month-to-month tenancy…at any time during the tenancy at least 30 days’ notice in writing prior to the date designated in the notice for the termination of the tenancy.
- 3 MT Code §70-24-422 (2019)
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(1)(b) If the noncompliance involves an unauthorized pet, the notice period is 3 days. (c) If the noncompliance involves unauthorized persons residing in the rental unit, the notice period is 3 days. (d) If the noncompliance is not listed in subsection (1)(b) or (1)(c), the notice period is 14 days.
- 4 MT Code §70-24-422 (2019)
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(3) If the tenant destroys, defaces, damages, impairs, or removes any part of the premises in violation of 70-24-321(2), the landlord may terminate the rental agreement upon giving 3 days’ written notice specifying the noncompliance under the provisions of 70-24-321(2).
- 5 MT Code §70-24-422 (2019)
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(e) If substantially the same act or omission that constituted a prior noncompliance of which notice was given recurs within 6 months, the landlord may terminate the rental agreement upon at least 5 days’ written notice specifying the noncompliance and the date of the termination of the rental agreement.
- 6 MT Code §70-24-422 (2019)
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(4) If the tenant creates a reasonable potential that the premises may be damaged or destroyed or that neighboring tenants may be injured in violation of 70-24-321(3), the landlord may terminate the rental agreement upon giving 3 days’ written notice…
- 7 MT Code §70-24-321 (2019)
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(3) A tenant may not engage or knowingly allow any person to engage in any activity…including but not limited to…(a) criminal production or manufacture of dangerous drugs…(b) operation of an unlawful clandestine laboratory…(c) gang-related activities…(d) unlawful possession of a firearm, explosive, or hazardous or toxic substance…(e) any activity that is otherwise prohibited by law.
- 8 MT Code § 70-24-411 (2021)
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If a landlord unlawfully removes or excludes the tenant from the premises or purposefully diminishes services to the tenant by interrupting or causing the interruption of heat, running water, hot water, electricity, gas, or other essential services, the tenant may recover possession or terminate the rental agreement and, in either case, recover an amount not more than 3 months’ periodic rent or treble damages, whichever is greater. If the rental agreement is terminated, the landlord shall return all security recoverable pursuant to chapter 25 of this title and all prepaid rent.
- 9 MT Code § 70-24-431 (2021)
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(1) Except as provided in this section, a landlord may not retaliate by increasing rent, by decreasing services, or by bringing or threatening to bring an action for possession after the tenant:
(a) has complained of a violation applicable to the premises materially affecting health and safety to a governmental agency charged with responsibility for enforcement of a building or housing code;
(b) has complained to the landlord in writing of a violation under 70-24-303; or
(c) has organized or become a member of a tenant’s union or similar organization.
- 10 MT Justice and City Ct Rules of Civil Procedure, Rule 4 (2019)
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(1)(a) Service of all process must be made by a sheriff of the county where the party to be served is found, by a deputy, by a constable authorized by law, or by any other person 18 years of age or older who is not a party to the action.
- 11 MT Justice and City Ct Rules of Civil Procedure, Rule 4 (2019)
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(2)(b)(i) upon an individual … by delivering a copy of the summons and complaint to the defendant personally or by delivering a copy of the summons and complaint to an agent authorized by appointment or by law to receive service of process, provided that if the agent is one designated by statute to receive service, further notice as the statute requires must be given…
- 12 MT Justice and City Ct Rules of Civil Procedure, Rule 4 (2019)
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(1)(b)(i) …by mailing a copy of the summons and complaint by first-class mail, postage prepaid…and a return envelope, postage prepaid, addressed to the sender. If an acknowledgment of service…is not received…within 20 days after the date of mailing, service of the summons and complaint must be made…in the manner prescribed by Rule 4D (2) and (3).
- 13 MT Code §70-24-429 (2019)
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(2) In an action for possession or unlawful holdover, the provisions of Title 25, chapter 23, apply, except that the time for filing an answer under Rule 4C(2)(b) is 10 days after service of summons and complaint, exclusive of the date of service.
- 14 MT Code §70-24-427 (2019)
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(2) …must be heard within 14 days after the tenant’s appearance or the answer date stated in the summons, except that if the rental agreement is terminated because of noncompliance under 70-24-321(3), the action must be heard within 5 business days after the tenant’s appearance or the answer date stated in the summons.
- 15 MT Code §70-24-427 (2019)
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(2) …If the action is appealed to the district court, the hearing must be held within 14 days after the case is transmitted to the district court, except that if the rental agreement is terminated because of noncompliance under 70-24-321(3), the hearing must be held within 5 business days after the case is transmitted to the district court.
- 16 MT Code §70-24-427 (2019)
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(4) In a landlord’s action for possession filed pursuant to subsection (1), the court shall rule on the action within 5 days after the hearing. If a landlord’s claim for possession is granted, the court shall issue a writ of possession.
