Montana Eviction Notice Forms

Last Updated: December 24, 2021 by Elizabeth Souza

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

  1. An eviction notice is posted by the landlord to vacate or “cure” the issue.
  2. If the tenant does not vacate when required to do so, a complaint is filed by the landlord with the county court.
  3. If the tenant does not contest the lawsuit, a motion to obtain a Judgment for Possession is filed by the landlord.
  4. If the motion is granted, a Writ of Possession is posted at the property, giving final notice to the tenant to remove their belongings.
  5. Finally, the sheriff returns possession of the property to the landlord.

To learn more about the eviction process in Montana, click here.

Sources