A Montana eviction notice form is a legal letter provided to a tenant directing them to correct a breach of their obligations and/or vacate the premises. In Montana, eviction notices can be served for the nonpayment of rent, lease violations or participating in illegal activity.
Types of Montana Eviction Notice Forms
| Notice Form | Grounds | Curable? |
| 3 Day Notice to Quit | Unpaid Rent | Yes |
| 3 Day Notice to Comply or Vacate | Verbally Abusing Landlord
Unauthorized Pets / Occupants |
Yes |
| 14 Day Notice to Comply or Vacate | Lease Violation | Yes |
| 3 Day Notice to Vacate | Illegal Activity | No |
| 5 Day Notice to Vacate | Repeat Lease Violation | No |
| 30 Day Notice to Vacate | No Lease | No |
Montana 3 Day Notice to Quit
Download: PDF | Word
A Montana 3 day Notice to Quit form is used for an eviction for nonpayment of rent. The tenant has the option to pay the balance due or move out and deliver possession of the premises within three (3) calendar days.
Montana 3 Day Notice to Comply or Vacate
Download: PDF | Word
A Montana 3 day Notice to Comply or Vacate eviction form is used for a curable breach of the lease for only the following violations:
- If the tenant is verbally abusing the landlord.
- If the tenant is bringing unauthorized pets to the premises.
- If the tenant is allowing unauthorized occupants to reside at the rental unit.
The tenants have the option to correct the violation, but if they fail to comply, they must move out within three (3) calendar days.
For any other violations of the terms of the lease, the landlord uses the 14 Day Notice to Comply or Vacate.
If the tenant repeats the same or a similar lease violation within a 6-month period, the landlord may terminate the tenancy with the 5 day Notice to Vacate.
Montana 14 Day Notice to Comply or Vacate
Download: PDF | Word
A Montana 14 day Notice to Comply or Vacate eviction form is used for a curable breach of the lease. Lease violations include failing to maintain the premises in a clean and sanitary manner, causing minor property damage or interfering with the peace and enjoyment of other persons. The tenants have the chance to fix the violation, but if they fail to do so, they must vacate the rental unit within fourteen (14) calendar days.
If the tenant verbally abused the landlord, allowed unauthorized occupants or pets to reside at the premises, the landlord uses the 3 Day Notice to Comply or Vacate.
If the tenant repeats the same or a similar lease violation within a 6-month period, the landlord may terminate the tenancy with the 5 day Notice to Vacate.
Montana 3 Day Notice to Vacate
Download: PDF | Word
A Montana 3 day Notice to Vacate eviction form is used for an incurable breach of the lease, such as substantial property damage, gang related activity or criminal production and manufacture of dangerous drugs. The tenant does not have the option to fix the violation and must move out and deliver possession of the premises within three (3) calendar days.
Montana 5 Day Notice to Vacate
Download: PDF | Word
A Montana 5 day Notice to Vacate eviction form is served to tenants for repeating the same or a similar lease violation within six (6) months. The tenant does not have the chance to correct the issue and must move out of the rental unit within five (5) calendar days.
Montana 30 Day Notice to Vacate
Download: PDF | Word
A Montana 30 day Notice to Vacate is a lease termination letter written to terminate a rental agreement, including a month-to-month or year-to-year lease. This notice may also be used for tenants that do not have a written lease that pay rent monthly or for tenants with an expired lease. The letter is delivered by either party at least thirty (30) calendar days prior to the end of the following rental period or expiration of the lease.
How to Write an Eviction Notice in Montana
For an eviction notice to be legally compliant:
- List tenants’ full names;
- List full address;
- Include grounds for eviction;
- Calculate and include termination date;
- Include date notice served;
- The landlord’s signature and printed name; and
- The landlord’s address and telephone number.
Without this information on the notice, a judge may not be able to proceed with an eviction proceeding and the landlord’s case may be dismissed.
How to Calculate Expiration Date in Montana
An eviction notice in Montana takes effect the day after it is served. All days are counted during the notice period. If the last day of the notice period ends on a weekend or legal holiday, then the notice will not officially expire until the following judicial day (a day when the courthouse is open).
How to Serve an Eviction Notice in Montana
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 Montana Court Rules of Civil Procedure - Rule 6
-
Rule 6. Time.
A. COMPUTATION. When the computation of any period of time prescribed or allowed by these rules is by order of a court or by any applicable statute, the day of the act, event, or default after which the designated period of time begins to run may not be included. The last day of the period so computed must be included unless it is a Saturday, Sunday, or legal holiday, in which event the period runs until the end of the next day that is not a Saturday, Sunday, or legal holiday.
Source Link - 2 MT Code § 70-24-108
-
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
-
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
