Montana Eviction Notice Forms

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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.

Read further to learn about what information is required on an eviction notice for it to be valid, legally acceptable ways of delivering notices, and types of notices for all possible grounds for eviction.

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Information Required for All Montana 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
  • 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.

Acceptable Ways of Delivering Notices

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/workplace if the tenant cannot be found AND mailing a copy to the tenant
  • 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.

Types of Eviction Notices

Each possible ground for eviction has its own process and notice requirements.

3-Day Eviction Notice for 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/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 in order 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 Eviction Notice for Non-Compliance

A tenant can be evicted in Montana if they do not uphold their responsibilities under the terms of a written lease/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 in order 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 in order 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 in order to avoid eviction.

However, landlords may choose to give month-to-month tenants 30 days’ written notice instead.

Note that illegal activity and material health/safety violations are not included in this category.

If the tenant fails to correct the issue by the deadline/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
  • 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 for “At-Will” Tenants

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 Eviction Notice for 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 in order to avoid eviction.

Examples of material health/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/safety violation(s)
  • What the tenant can do to remedy the violation
  • 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 Eviction Notice for 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/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
  • The date the lease will terminate

Get the downloadable 3-Day Eviction Notice for Illegal Activity form template below (.pdf direct link).