Montana 3 Day Notice To Vacate

Last Updated: March 20, 2024 by Roberto Valenzuela

Montana 3 Day Notice To Vacate is a letter which complies with state legal requirements to begin eviction against a tenant for illegal activity on the premises, such as unlawful possession of a firearm. The tenant is not given an opportunity to take corrective action, and must move out within three (3) calendar days of receiving notice.

When To Use a Montana 3 Day Notice To Vacate

A Montana 3 Day Notice To Vacate begins the eviction process for the following tenant violations:

  • Engagement in criminal production or manufacture of dangerous drugs
  • Unlawful possession of a firearm, explosives or hazardous materials
  • Involvement in gang-related activity
  • Other conduct prohibited by law

Some types of Montana lease termination notice may allow different reasons for termination, or different notice periods. This may also apply to an eviction notice issued because of a lease or legal violation.

How To Write a Montana 3 Day Notice To Vacate

To help ensure the legal compliance of a Notice To Vacate:

  1. Use the full name of the receiving parties, and address of record, if known
  2. Specify the termination date of the lease or tenancy
  3. Specify the basis for terminating the tenancy
  4. Fill in the full address of the rental premises
  5. Provide updated/current address and phone number information
  6. Print name and sign the notice
  7. Complete the certificate of service by indicating the date and method of notice delivery, along with printed name and signature

It is easy to lose an otherwise justified legal action because of improper notice. Check carefully to ensure enough time after notice is delivered, not when it’s sent.

How To Serve a Montana 3 Day Notice To Vacate

Montana landlords may deliver a Notice To Vacate by any method which results in actual notification of the other party. State law gives a presumption of legal validity to the following methods: 

  1. Hand delivery to the tenant
  2. Delivery by certified mail, or by first class mail with a certificate of mailing
  3. 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.

In almost all cases, notice is legally served when it is received by the other party, NOT when it’s sent. Check specified date of termination carefully to ensure compliance with the legal requirements for a notice period.