A Montana 14 Day Notice to Comply or Vacate is an eviction form delivered to the tenant for a lease violation, such as failing to maintain the premises in a clean and sanitary manner. The tenant has the option to correct the lease violation or move out within fourteen (14) calendar days.
When to Use a Montana 14 Day Notice to Comply or Vacate
Use a 14 Day Notice to Comply or Vacate to begin the eviction process in Montana:
- If the tenant failed to maintain the rental unit in a clean and sanitary manner.
- If the tenant disturbed the peace and enjoyment of other persons.
- If the tenant caused minor damage to the rental unit.
- If the tenant violated any other provisions of the lease.
If none of the above are true, use one of the below forms to evict a tenant:
- 3 Day Notice to Quit – If the tenant is late on rent (starting the day after it’s due), either in part or in full.
- 3 Day Notice to Comply or Vacate – If the tenant abused the landlord verbally, violated the lease with unauthorized occupants or pets at the premises.
- 3 Day Notice to Vacate – If the tenant engaged in the criminal production or manufacture of dangerous drugs, unlawfully possessed a firearm, explosive or hazardous materials, involved in gang related activity or any other illegal conduct prohibited by law.
- 5 Day Notice to Vacate – If the tenant committed the same or a similar lease violation, after a previous notice of noncompliance, within a six (6) month period.
- 30 Day Notice to Vacate – If the tenant or landlord is terminating a rental agreement, including a month-to-month or year-to-year lease. This letter may also be used for tenants that do not have a written lease that pay rent monthly or for tenants with an expired lease.
How to Write a Montana 14 Day Notice to Comply or Vacate
The Montana 14 Day Notice to Comply or Vacate form shall be completed as follows:
- Write all adult tenants’ names (do not include minors);
- Fill in the complete address of the rental premises;
- Specify the rule or lease violation;
- Enter the date when the violation must be cured;
- Include the tenant’s balance due, if applicable;
- Include the date the notice is served;
- Landlord prints name and signs notice;
- Landlord includes address and phone number.
How to Serve a Montana 14 Day Notice to Comply or Vacate
A landlord can deliver notices in Montana using any of the below acceptable methods:
- Handing the notice to the tenant in person;
- Mailing the notice by certified mail with a return receipt or first class mail with a certificate of mailing;
- Sending the notice electronically (via email message) if agreed to by both parties.
When sending the notice by certified or first class mail, add three (3) calendar days to the notice period to account for variability in post office delivery times.
Sources
- 1 MT Code § 70-24-422
-
The tenant shall vacate the premises on a date specified in the notice not less than the minimum number of days after receipt of the notice provided for in this section. The rental agreement terminates and the tenant shall vacate the premises as provided in the notice, subject to the following:
(a) If the noncompliance is remediable by repairs, the payment of damages,or written approval of the landlord and the tenant remedies the noncompliance before the date specified in the notice, the rental agreement does not terminate.
(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), (1)(c), or (1)(f), the notice period is 14 days.
(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.
(f) If the noncompliance is from verbal abuse of the landlord by a tenant, the landlord may terminate the rental agreement on giving 3 days’ written notice. If the tenant adequately remedies the noncompliance, the rental agreement does not terminate.
Source Link - 2 MT Code § 70-24-425
-
If there is noncompliance by the tenant with 70-24-321 affecting health and safety that can be remedied by repair, replacement of a damaged item, or cleaning and the tenant fails to comply as promptly as conditions require in case of emergency or within 14 days after written notice by the landlord specifying the breach and requesting that the tenant remedy it within that period of time, the landlord may enter the dwelling unit and cause the work to be done in a workmanlike manner and submit an itemized bill for the actual and reasonable cost, the fair and reasonable cost, or the fair and reasonable value thereof as rent on the next date periodic rent is due or, if the rental agreement has terminated, for immediate payment.
Source Link - 3 MT Code § 70-24-108
-
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.
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.
Source Link - 4 MT Code § 70-24-108
-
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.
Source Link