A Montana 3 Day Notice to Quit is an eviction letter served to the tenant for nonpayment of rent. The tenant has the option to pay the rent balance due or vacate the premises within three (3) calendar days.
When to Use a Montana 3 Day Notice to Quit
Use a 3 Day Notice to Quit to begin the eviction process in Montana if the tenant is late on rent (starting the day after it’s due), either in part or in full.
If the above is not true, use one of the below forms to evict a tenant:
- 3 Day Notice to Vacate – If the tenant is engaging in the criminal production or manufacture of dangerous drugs, unlawfully in possession of 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.
- 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.
- 14 Day Notice to Comply or Vacate – If the tenant violated the rules with too many occupants residing in the rental unit, parked a vehicle in an unauthorized area or violated other terms of the lease.
- 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 3 Day Notice to Quit
The Montana 3 Day Notice to Quit form shall be completed as follows:
- Write all adult tenants’ names (do not include minors);
- Fill in the complete address of the rental premises;
- Enter the amount of rent due and the date it became due;
- Include the total amount to be paid;
- Explain where the total amount due should be paid;
- The date the total amount is due or the date the tenant must vacate the premises;
- Include the date the notice is served;
- Landlord prints name and signs notice;
- Landlord includes address and phone number.
How to Serve a Montana 3 Day Notice to Quit
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
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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, and the tenant shall vacate the premises if the landlord terminates the rental agreement.
Source Link - 2 MT Code § 70-24-108
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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 - 3 MT Code § 70-24-108
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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