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Last Update November 9th, 2021
Montana Eviction Notice Types
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.
Montana Eviction Laws
You can only evict someone in Montana if they’ve committed a legally valid breach of the lease under MT statutes. Not only that, but you must also make sure to provide the correct amount of days’ notice to avoid the eviction from being challenged in court.
To evict someone in Montana, this means conforming with the following legal requirements:
Nonpayment of rent: 3 days’ notice (§ 70-24-422(2))
Lease violation: 14 days’ notice (§ 70-24-422(1))
Lease violation (2nd non-compliance): 5 days’ notice
Lease termination (week-to-week): 7 days’ notice
Lease termination (month-to-month): 30 days’ notice (§ 70-24-441)
The notice must also be served to the tenant in compliance with the property laws in Montana. It should be presented to them as a written notice or letter, detailing the information on why and when the lease is ending.
Montana Eviction Process
There are a number of crucial steps to follow when evicting a tenant in Montana. These police how the notice must be served and what you’ll need to do if the tenant still refuses to vacate the property.
To successfully evict your tenant in MT with an eviction notice, you’ll need to do the following:
Serve a valid eviction notice giving the tenant sufficient time to leave based on the reasons for the lease termination.
The landlord may file for an eviction with their local court, if the tenant refuses to leave on their own.
Both the landlord and tenant can argue their case in the court, once the hearing date arrives.
The judge will decide whether the eviction can be upheld or not. If it is upheld, you can ask the clerk of the court for a Writ of Assistance.
When the Writ of Assistance has been granted, the document can be given to your local law enforcement agent, who will remove the tenant and their property from your real estate.
FAQs About Montana Eviction Notices
Before starting your eviction notice for real, it is sensible to understand the ins and outs of these important legal documents. Read more about Montana’s eviction notices in our FAQs below and learn how to use these forms effectively.
How to Evict Someone in Montana?
To successfully evict a tenant in Montana state, the landlord or property manager must serve a legally valid MT eviction notice. This must provide the correct number of days to comply and a legitimate reason to evict. It can be served in person, to a family member, someone else living on the premises, or left in a conspicuous location and mailed.
If the tenant doesn’t comply and vacate the property as instructed, the landlord will then have to petition a court. If the judge rules in their favor, they will then be able to use a local marshal or sheriff to forcibly evict the tenant.
How to Evict a Tenant in Montana with No Lease?
Montana landlords still need to serve a proper eviction notice, even if the person residing on the property doesn’t have an official lease. In the case of month-to-month renters, this requires the landlord to provide a 30-Day Notice to Quit, before terminating their holdover or “at-will” tenancy.
It is important to bear in mind that landlords are still required to serve an eviction notice even when evicting squatters or illegal occupants. In this case, they will need to deliver a 3-Day Notice to Quit, giving the resident 3 days to leave the premises.
How Long is the Eviction Process in Montana?
The eviction process in Montana usually only takes around 3 weeks to complete. If a valid eviction notice is delivered, this is often enough to get the tenant to leave or cure the issue (if allowed). This can reduce the time down to as little as 3 days from when the notice has been served.