A Montana eviction notice form for nonpayment of rent is a written document that states a tenant has 3 days to pay the rent or to vacate the premises. Additionally, there are other notice forms for other possible grounds for eviction in Montana.
Types of Montana Eviction Notices
Each possible ground for eviction has its own notice type. Some notices allow the tenant to fix (“cure”) the issue and continue the tenancy, while others simply state an amount of time to vacate by.
Grounds | Time | Curable? |
---|---|---|
Unpaid Rent | 3-Day | Yes |
Lease Violation | 3/14-Day | Maybe |
Lease Termination | 7/30-Day | No |
Material Health/ Safety Violation | 14-Day | Yes |
Illegal Activity | 3-Day | No |
3-Day Notice to Pay (Nonpayment of Rent)
A landlord is allowed to evict a tenant for failing to pay rent on time.
According to Montana law, rent is considered late the day after it’s due; grace periods, if any, are addressed in the lease or rental agreement.
Once rent is past due, the landlord must provide tenants with a 3-Day Notice to Pay if the landlord wants to file an eviction action with the court. This notice gives the tenant the option to pay the past due amount in full within 3 days to avoid eviction.
However, landlords may choose to give month-to-month tenants 30 days’ written notice instead.
If the tenant does not pay the rent due by the end of the notice period and remains on the property, the landlord may proceed with the eviction process.
The Eviction Notice for Nonpayment of Rent should include the total amount of past-due rent owed and that the landlord intends to terminate the rental agreement if the amount owed is not paid by the deadline in the notice.
Get the downloadable 3-Day Eviction Notice for Nonpayment of Rent form template below (.pdf direct link).
3/14-Day Notice to Cure or Quit (Non-Compliance)
A tenant can be evicted in Montana if they do not uphold their responsibilities under the terms of a written lease and rental agreement.
Montana landlords are required to allow tenants to correct a lease violation in these instances, but the amount of notice required depends on the type of lease violation.
If tenants have a pet when there’s a no pet policy, or have “unauthorized” people in the rental unit, then landlords must provide a 3-Day Notice to Comply, giving the tenant 3 days to correct the issue or move out of the rental unit to avoid eviction.
If tenants cause excessive property damage, landlords are also required to provide them with 3 days’ written notice, giving tenants the opportunity to correct the issue to avoid eviction.
For all other lease violations, landlords are required to provide tenants with a 14-Day Notice to Comply, giving tenants 14 days to correct the violation or move out of the rental unit to avoid eviction.
Note that illegal activity and material health and safety violations are not included in this category.
If the tenant fails to correct the issue by the deadline and remains on the property after the notice period expires, the landlord may proceed with the eviction process.
The notice should include:
- The specific lease violation(s);
- What the tenant can do to remedy the violation; and
- The date the lease will terminate if the tenant doesn’t comply within the deadline.
Get the downloadable 3/14-Day Eviction Notice for Noncompliance form template below (.pdf direct link).
7/30-Day Lease Termination Notice (No Lease/ End of Lease)
In the state of Montana, if tenants “hold over,” or stay in the rental unit after the rental term has expired, then the landlord must give tenants notice before evicting them. This can include tenants without a written lease and week-to-week and month-to-month tenants.
Often this type of eviction applies to tenants who are at the end of their lease and the landlord doesn’t want to renew.
The amount of time required in the notice depends on the type of tenancy.
- Week-to-Week – If rent is paid on a week-to-week basis, a landlord must provide the tenant with a 7-Day Notice to Quit.
- Month-to-Month – If rent is paid on a month-to-month basis, a landlord must provide the tenant with a 30-Day Notice to Quit.
If the tenant remains on the property after the notice period expires, the landlord may proceed with the eviction process.
The notice should include the date the tenancy will terminate.
Get the downloadable 7/30-Day Lease Termination Notice form template below (.pdf direct link).
14-Day Notice to Cure or Vacate (Material Health / Safety Violation)
A tenant can be evicted in Montana if they violate a health, building, safety, or housing code. In these instances, the landlord is required to provide the tenant with a 14-Day Notice to Comply, giving the tenant 14 days to correct the issue to avoid eviction.
Examples of material health or safety violations could include letting trash pile up inside the rental unit, providing a harbor for rodents or bugs, or even things like damaging the electrical wiring in the rental unit.
However, landlords may choose to give month-to-month tenants 30 days’ written notice instead.
If the tenant remains on the property after the notice period expires without correcting the violation, the landlord may proceed with the eviction process.
The notice should include:
- The specific health or safety violation(s);
- What the tenant can do to remedy the violation; and
- The date the lease will terminate if the tenant doesn’t comply within the deadline.
Get the downloadable 14-Day Eviction Notice for Material Health / Safety Violation form template below (.pdf direct link).
3-Day Notice to Quit (Illegal Activity)
Tenants who are involved in illegal activity must be given 3 days’ notice before the landlord can proceed with an eviction action.
In Montana, illegal activity includes:
- Criminal production or manufacture of dangerous drugs
- Operation of an unlawful “clandestine” laboratory
- Gang-related activities
- Unlawful possession of a firearm, explosive, or toxic hazardous substance
- Any other illegal activity
However, landlords may choose to give month-to-month tenants 30 days’ written notice instead.
If the tenant remains on the property after the required notice period expires (if any), the landlord may proceed with the eviction process.
The notice should include:
- The reason for the eviction; and
- The date the lease will terminate.
Get the downloadable 3-Day Eviction Notice for Illegal Activity form template below (.pdf direct link).
What to Include in Montana Eviction Notices
The information required on Montana eviction notices varies based on the reason for the eviction and will be addressed under each section below. However, it’s a good idea to include:
- The date the tenancy will terminate;
- The reason for the eviction; and
- The tenant’s name and contact information.
The landlord will also want to get the tenant’s signature confirming that they received the eviction notice, if the notice was hand-delivered.
Delivering Eviction Notices in Montana
In the state of Montana, landlords can deliver an eviction notice by any of the following methods:
- Giving a copy to the tenant in person;
- Leaving a copy of the notice with someone of “suitable” age and discretion at the tenant’s residence or workplace if the tenant cannot be found AND mailing a copy to the tenant; or
- Posting a copy of the notice in a conspicuous place at the rental unit if the tenant cannot be found AND mailing a copy to the tenant.
Note that using certified mail is not required under Montana law.
Eviction Process in Montana
- An eviction notice is posted by the landlord to vacate or “cure” the issue.
- If the tenant does not vacate when required to do so, a complaint is filed by the landlord with the county court.
- If the tenant does not contest the lawsuit, a motion to obtain a Judgment for Possession is filed by the landlord.
- If the motion is granted, a Writ of Possession is posted at the property, giving final notice to the tenant to remove their belongings.
- Finally, the sheriff returns possession of the property to the landlord.
To learn more about the eviction process in Montana, click here.
Sources
- 1 MT Code §70-24-422 (2019)
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(2) 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.
- 2 MT Code §70-27-110 (2019)
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(1)(a)by delivering a copy to the tenant personally; (b)…by leaving a copy with some person of suitable age and discretion…and sending a copy through the mail addressed to the tenant…(c)…by affixing a copy in a conspicuous place on the property…and also sending a copy through the mail addressed to the tenant at the place where the property is situated…
- 3 MT Code §70-24-422 (2019)
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(7) The landlord is not bound by this section in the event that the landlord elects to use the 30-day notice for termination of tenancy as provided in 70-24-441.
- 4 MT Code §70-24-422 (2019)
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(1)(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) or (1)(c), the notice period is 14 days.
- 5 MT Code §70-24-422 (2019)
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(3) If the tenant destroys, defaces, damages, impairs, or removes any part of the premises in violation of 70-24-321(2), the landlord may terminate the rental agreement upon giving 3 days’ written notice specifying the noncompliance under the provisions of 70-24-321(2).
- 6 MT Code §70-24-422 (2019)
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…specifying the acts and omissions constituting the noncompliance and that the rental agreement will terminate upon a date specified in the notice… (a) If the noncompliance is remediable by repairs, the payment of damages, or otherwise and the tenant adequately remedies the noncompliance before the date specified in the notice, the rental agreement does not terminate.
- 7 MT Code §70-24-441 (2019)
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(1) …terminate a week-to-week tenancy…at least 7 days before the termination date specified in the notice. (2) …terminate a month-to-month tenancy…at least 30 days…prior to the date designated in the notice for the termination of the tenancy. (3) The tenancy terminates on the date designated and without regard to the expiration of the period for which, by the terms of the tenancy, rents are to be paid.
- 8 MT Code §70-24-422 (2019)
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(4) If the tenant creates a reasonable potential that the premises may be damaged or destroyed or that neighboring tenants may be injured in violation of 70-24-321(3), the landlord may terminate the rental agreement upon giving 3 days’ written notice specifying the violation and noncompliance under the provisions of 70-24-321(3)…
- 9 MT Code §70-24-321 (2019)
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(3) A tenant may not engage or knowingly allow any person to engage in any activity…including but not limited to…(a) criminal production or manufacture of dangerous drugs…(b) operation of an unlawful clandestine laboratory…(c) gang-related activities…(d) unlawful possession of a firearm, explosive, or hazardous or toxic substance…(e) any activity that is otherwise prohibited by law.