To evict a tenant successfully in Montana you must present them with the appropriate eviction notice for the circumstances. This allows you to conform with the laws in Montana by providing a legally valid reason for the eviction and the correct amount of notice necessary under MT statutes.
Choosing the right kind of eviction notice is key to removing a tenant quickly. If you don’t follow the legally mandated rules, you may have the eviction overturned or delayed by the local courts.
3-Day Notice to Quit (Non-Payment)
If a tenant doesn’t comply with the rental payment schedule, the landlord may present them with a 3-Day Notice to Quit. This obliges them to pay rent or quit within 72 hours.
If the tenant complies and pays the rent, then the notice will be nullified. If they refuse to pay or vacate the property, the landlord will be able to pursue the matter further through the courts.
14-Day Notice to Quit (Non-Compliance)
In situations where the tenant violates the terms of the lease, landlords can issue them with a 14-Day Notice to Quit for Non-Compliance. This gives the resident a chance to correct the violation within 14 days, or to leave the premises.
This can also be issued as an unconditional notice, giving the tenant no option to correct the break in the terms. However, this is usually only done when more serious breaches of the contract occur.
For example, a 3-Day Notice to Quit can be given if the tenant is charged with criminal activity, causes severe damage to the premises, or allows unauthorized persons/pets on the property.
5-Day Notice to Quit (2nd Non-Compliance)
If another lease violation happens within 6 months of the first one, then a 5-Day Notice to Quit can be used to evict the tenant and cancel the lease.
7-Day Eviction Notice (Week-to-Week)
Landlords with periodic tenants who pay on a weekly basis can end their contract with the resident by serving a 7-Day notice. This is unconditional and gives the tenant a full week to leave the property.
30-Day Notice to Quit (Month-to-Month)
When a landlord wants to end a tenancy that is paid for on a flexible monthly basis, they must provide 30 days’ notice of their intention to terminate the agreement. This is an unconditional order with no rights to cure.