From start to finish, an eviction in Montana can take around 3 to 8 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 the terms of the lease
- Committing illegal activity
Depending on the grounds for eviction, the landlord needs to give proper notice and provide the tenant a chance to cure the violation.
| Grounds | Notice Period | Curable? |
| Nonpayment of Rent | 3 Days | Yes |
| End of Lease or No Lease | 30 Days | No |
| Lease Violation | 14 Days | Yes |
| Verbally Abusing Landlord | 3 Days | Yes |
| Unauthorized Persons or Pets | 3 Days | Yes |
| Repeat Lease Violation | 5 Days | No |
| Illegal Activity | 3 Days | No |
Nonpayment of Rent
In Montana, a landlord can evict a tenant for not paying rent on time. To do so, the landlord must first serve the tenant a 3 days’ notice quit, which gives the tenant a chance to pay the balance due or move out.
Unless the lease states otherwise, rent is due at the beginning of each month and is considered late in Montana the day immediately after its due date. Montana landlords are not required to give tenants a rent payment grace period. However, if the lease or rental agreement allows for one, then the landlord must honor it.
If rent is due on November 1st, it will be considered late starting on November 2nd, unless the lease specifically states there is a grace period.
If the tenant does not pay the balance due or move out by the end of the notice period, the landlord can move forward and file an eviction lawsuit.
End of Lease or No Lease
In Montana, a landlord can evict a tenant who does not have a lease (“tenant at will”) or has a lease that has terminated and continues to remain on the premises (“holdover tenant”). To do so, the landlord must first terminate the tenancy by giving the tenant a proper 30-day notice to move out.
If the tenant does not move out by the end of the notice period, the landlord can move forward and file an eviction lawsuit.
Lease Violations
In Montana, a landlord can evict a tenant for violating the terms of their lease or not upholding their legal responsibilities under Montana landlord-tenant law. To do so, the landlord must first serve the tenant a 14 days’ notice to comply or vacate, which gives the tenant a chance to fix the issue or move out.
Examples of lease violations include:
- Failing to maintain the premises in a clean and sanitary manner
- Refusing to allow the landlord access to the rental unit
- Interfering with the peace and enjoyment of others
- Causing minor property damage
If the tenant does not fix the issue or move out by the end of the notice period, the landlord can move forward and file an eviction lawsuit.
Verbal Abuse of Landlord
In Montana, a landlord can evict a tenant for abusing them verbally. To do so, the landlord must first serve the tenant a 3 days’ notice to comply or vacate, which gives the tenant a chance to fix the issue or move out.
If the tenant does not fix the issue or move out by the end of the notice period, the landlord can move forward and file an eviction lawsuit.
Unauthorized Persons or Pets
In Montana, a landlord can evict a tenant for allowing unauthorized persons or pets on the premises. To do so, the landlord must first serve the tenant a 3 days’ notice to comply or vacate, which gives the tenant a chance to fix the issue or move out.
If the tenant does not fix the issue or move out by the end of the notice period, the landlord can move forward and file an eviction lawsuit.
Repeat Lease Violations
In Montana, a landlord can evict a tenant for repeating the same or a similar lease violation within a 6-month period. To do so, the landlord must first serve the tenant a 5 days’ notice to vacate.
The tenant does not have the option to fix the issue and must move out within the 5-day period. If the tenant does not move out by the end of the notice period, the landlord can move forward and file an eviction lawsuit.
Illegal Activity
In Montana, a landlord can evict a tenant for committing illegal activity on the premises. To do so, the landlord must first serve the tenant a 3 days’ notice to vacate.
The tenants do not have the option to fix the issue and must move out within the 3-day period.
In Montana, illegal activity includes:
- Committing substantial property damage
- Criminally producing or manufacturing dangerous drugs
- Operating an unlawful “clandestine” laboratory
- Engaging in gang-related activities
- Unlawfully possessing a firearm, explosive, or toxic hazardous substance
If the tenant does not move out by the end of the notice period, the landlord can move forward and file an eviction lawsuit.
Illegal Evictions in Montana
In Montana, there are a few different types of eviction actions that are 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
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
In Montana, all evictions follow the same process:
- Landlord serves tenant with written notice of violations
- Landlord files complaint with court for unresolved violations
- Answer is filed
- Court holds hearing and issues judgment
- Writ of possession is issued
- Possession of property is returned to landlord
Step 1: Landlord Serves Notice To Tenant
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.
Landlords should always keep the original signed notice and declaration of service as proof of proper service if the case proceeds to court.
3-Day Notice To Quit
In Montana, if a tenant is late on paying rent (full or partial), the landlord can serve them a 3-Day Notice To Quit. This eviction notice gives the tenant 3 days to pay the balance due or move out.
30-Day Notice To Vacate
For a tenant with no lease or a month-to-month lease in Montana, the landlord can serve them a 30-Day Notice To Vacate to terminate the tenancy. This lease termination notice allows the tenant 30 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 |
14-Day Notice To Comply or Vacate
In Montana, if a tenant violates the terms of their lease or legal responsibilities, the landlord can serve them a 14-Day Notice To Comply or Vacate. This eviction notice gives the tenant 14 days to fix the issue or move out.
3-Day Notice To Comply or Vacate
In Montana, if a tenant verbally abuses the landlord or allows unauthorized persons/pets on the premises, the landlord can serve them a 3-Day Notice To Comply or Vacate. This eviction notice gives the tenant 3 days to fix the issue or move out.
5-Day Notice To Vacate
In Montana, if a tenant repeats the same or a similar lease violation within a six-month period, the landlord can serve them a 5-Day Notice To Vacate. This eviction notice gives the tenant 5 days to move out without the chance to fix the issue.
3-Day Notice To Vacate
In Montana, if a tenant commits illegal activity on the premises, the landlord can serve them a 3-Day Notice To Vacate. This eviction notice gives the tenant 3 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.
Summons for an eviction hearing must be served at least 5 days prior to the hearing.
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.
Tenants must file their answer within 10 days of the date the summons and complaint were served if they want to attend the eviction hearing.
Step 4: Court Holds Hearing and Issues Judgment
For evictions due to illegal activity, the hearing must be held within 5 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 5 days of the hearing.
If the tenant chooses to appeal, the appeal hearing must be held within 5 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.
A court will issue a judgment within 5-14 days of the hearing date.
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.
The landlord must request the writ of possession, but it can be issued the same day as the hearing, depending on what time of day the hearing was held.
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.
Property will be given to the landlord from anywhere between a few hours to a few days.
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
Montana Eviction Court Fees
The total cost of an eviction in Montana for all filing, court, and service fees varies heavily on which court the eviction is filed in. For cases filed in Justice Court, the average cost is $315. For cases filed in District Court, the average cost is $385.
| Fee | Justice | District |
| Initial Court Filing | ~$50+ | $90 |
| Summons Service | ~$5+ | ~$5+ |
| Answer Filing | ~$30+ | $60 |
| Writ of Possession Service | ~$5+ | ~$5+ |
| Writ of Possession Execution | ~$225 | ~$225 |
| Notice of Appeal Filing (Optional) | ~$20 | ~$30 |
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.
- 17 Mont. Code § 70-24-108(1)
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Source Link
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.
