Grab a Montana eviction notice template and read further to learn about what happens AFTER a notice is posted, how long the eviction process takes and other aspects of Montana eviction law.
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Types of Eviction Notices
The eviction notice in the state of Montana is slightly different than many of the other states. Mainly, this is because there is only a single Notice to Quit that is used for all types of evictions. There are checkboxes that are on the document that can be checked to detail the reason for the eviction notice and the number of days that the tenant has to either cure the situation or vacate the premises.
Curable rental evictions include:
- The non-payment of rent (three days)
- Unauthorized individuals or pets in the unit (three days)
- Refusing to allow access into the unit (provide access in 24 hours or vacate within 14 days)
- Changed or added new locks without getting permission from the landlord (lock corrected in 24 hours or vacate within 14 days)
- Damage done to the property (fix the damage within three days)
- Violations of the Rental Agreement (fix the violation within 14 days or vacate the premises)
Situations that are incurable include:
- Creating a sublease agreement or abandonment of the property (immediately vacate)
- Producing illegal drugs on the property or taking part in gang-related activities (three days to vacate)
- Repeating a prior violation within a period of six months (five days to vacate)
- Week-to-week tenancy (seven days to vacate)
- Month-to-month tenancy (30 days to vacate)
What Happens After a Notice is Posted
After the Notice to Quit is posted, the landlord will need to wait for the specified amount of days that the landlord has provided in order to make sure that they are not able to remedy the issue before the case is taken to court. If the tenant does nothing, the landlord can then go to the courts to file a complaint and summons. Then, the landlord will have to wait until the court date to see if the judgment is in their favor or the tenant’s.
When is Rent Due
Rent is due on the date of each month that is set in the rental agreement and signed by the landlord and the tenant. When the rent is not paid on time, it is late, and after this, the Notice to Quit can be posted at any time. Then, after a period of three days, the eviction proceedings can begin.
How Long Does the Eviction Process Take
The entire eviction process will take a bit of time, but the length of everything, including the Notice to Quit and the court hearing, will typically take about a month to complete. If the tenant decided to appeal a decision made by the courts in favor of the landlord, the process will take longer; in fact, it could take up to six months.