A Montana eviction notice form is a legal demand for a tenant to comply with the terms of the rental agreement or else move out of the premises. Montana landlords may deliver an eviction notice because of unpaid rent, lease violations, or illegal activity on the rental property.
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
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A Montana 3 Day Notice To Quit evicts a tenant for nonpayment of rent. In Montana, a landlord can file this notice the day after rent is due, with no grace period for the tenant. The tenant must pay all past due rent or else move out within three (3) calendar days of receiving notice.
Montana 3 Day Notice To Comply or Vacate
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A Montana 3 Day Notice To Comply or Vacate demands correction of a serious but still “curable” violation of the lease. Montana allows this notice type for only the following violations:
- The tenant verbally abuses the landlord
- The tenant allows unauthorized pets on the premises
- The tenant allows unauthorized people to reside at the premises
Tenants must take appropriate corrective action or move out within three (3) calendar days of receiving notice.
Montana 14 Day Notice To Comply or Vacate
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A Montana 14 Day Notice To Comply or Vacate demands correction of a lease violation that is “curable,” i.e., the tenant gets a chance to fix the situation rather than be evicted. A curable lease violation might include failure to maintain health and safety on the rental property, interfering with the quiet enjoyment of neighbors, or refusal to allow lawful entry by the landlord.
The tenant must take appropriate corrective action or move out within fourteen (14) calendar days of receiving notice.
Montana 3 Day Notice To Vacate
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A Montana 3 Day Notice To Vacate eviction form is used for an “incurable” breach of the lease, which means a tenant is not allowed an opportunity to take corrective action. This might for something like substantial property damage, gang activity or drug manufacturing. The tenant must move out within three (3) calendar days of receiving notice.
Montana 5 Day Notice To Vacate
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A Montana 5 Day Notice To Vacate evicts a tenant for repeating a lease violation (or substantially similar action) within six (6) months. Because it’s a repeat violation, the tenant is not given an opportunity to take corrective action, and must move out within five (5) calendar days of receiving notice.
Montana 30 Day Notice To Vacate
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A Montana 30 Day Notice To Vacate is terminates a rental agreement, including a month-to-month or year-to-year lease as well as an expired lease or a situation with no written lease where the tenant pays rent monthly. The non-terminating party must receive notice at least thirty (30) days before the date of termination.
How To Write an Eviction Notice in Montana
To help ensure the legal compliance of an eviction notice:
- Use the tenant’s full name and address
- Specify the lease violation as well as any balance due
- Specify the date of termination
- Print name and sign the notice, including the landlord’s address of record
- Note the date and method of notice delivery, along with printed name and signature
It is easy to lose an otherwise justified legal action because of improper notice. Check carefully to ensure enough time after notice is delivered, not when it’s sent.
How To Calculate Expiration Date in Montana
The “clock” for an eviction notice period starts “ticking” the day after the notice gets delivered (served). For example, to give at least 30 days of notice and begin court action as of June 30th, delivery of the eviction notice must be no later than May 31st.
In most jurisdictions, if the last day of a notice period is a Saturday, Sunday, or legal holiday, the notice period continues to run until the end of the next day that is not a Saturday, Sunday, or legal holiday. This is called the “next judicial day;” in other words, the next day a courthouse is open.
How To Serve an Eviction Notice in Montana
Montana landlords may deliver an eviction notice by any method which results in actual notification of the other party. State law gives a presumption of legal validity to the following methods:
- Hand delivery to the tenant
- Delivery by certified mail, or by first class mail with a certificate of mailing
- Delivery of electronic notice (by email), if the tenant has provided an email address in the rental agreement
Electronic notice is considered delivered when the tenant replies (other than an automatic reply), or when the system generates a read receipt. Mailed notice extends a notice period by three (3) calendar days, to account for variable delivery times.
Sources
- 1 Montana Court Rules of Civil Procedure - Rule 6
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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 Mont. Code § 70-24-108(1)
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Source Link
A person has notice of a fact if any of the following is true:
(a) the person has actual knowledge of it; (b) in the case of a landlord, it is delivered at the place of business of the landlord through which the rental agreement was made; (c) 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. (d) 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. 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.
