A Montana 5 Day Notice to Vacate is an eviction letter delivered to the tenant for committing the same or a similar lease violation within a six (6) month period. The tenant does not have the chance to fix the issue and must move out within five (5) calendar days.
When to Use a Montana 5 Day Notice to Vacate
Use a 5 Day Notice to Vacate to begin the eviction process in Montana if the tenant committed the same or a similar lease violation, which constituted a prior notice of noncompliance, within a six (6) month period.
If the above is not 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 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.
- 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, failed to maintain the premises in a clean or sanitary manner or violated any other provisions 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 5 Day Notice to Vacate
The Montana 5 Day Notice to 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;
- Check the box to indicate the incurable breach;
- Include the tenant’s balance due, if applicable;
- Enter the date the tenancy terminates;
- Include the date the notice is served;
- Landlord prints name and signs notice;
- Landlord includes address and phone number.
How to Serve a Montana 5 Day Notice to 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
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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.
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