Montana Eviction Process & Laws | Free MT Eviction Notices

Montana eviction action may be processed by a Court Location when a notice to quit has been sent to a tenant and has been remained unanswered. If the tenant has not tried to cure their violation (nonpayment or noncompliance) or not moved out at the end of the notice period for a tenancy at will, the landlord may seek legal action. The landlord should follow the Court Process Guidelines and the tenant, after receiving a case has been brought against them, should use the Tenants' Rights' Information to represent themselves.

Criminal Offense Laws - 3 days 70-24-422(4)

NonPayment Laws - 3 days § 70-24-422

NonCompliance Laws - 3 days if it is the 1st offense § 70-24-321 and § 5 days if it is a 2nd violation in the last 6 months § 70-24-422(1)(e)

Month to Month Laws - 30 Days § 70-24-441(2)

Week to Week Laws - 7 days § 70-24-441(1)

Forcible Entry and Unlawful Detainer Laws Chapter 27

Types of Notice

Montana Notice to Quit For ALL TYPES of Eviction

The Montana notice to quit, in association with Section 70-24-422, may be used to inform a tenant of a lease termination due to non-payment of rent, damage to the property, or some other form of lease violation. Depending on the circumstances of the tenancy and the violation(s), a specific notice period…

Process How to Evict a Tenant

The eviction process in the State of Montana begins with the landlord serving the tenant with a written notice to quit/vacate. The notice must be served personally or sent through (certified) mail. Tenants who have not paid rent must receive at least three (3) days notice to move out/pay the owed amount. If the tenant fails to vacate the property or pay rent within that time frame, the landlord can terminate the rental/lease agreement and file an eviction lawsuit in court. Month-to-month tenancies require at least thirty (30) days notice prior to the date of lease termination.

Step 1 – Serve the tenant with the notice. Either deliver it personally, or send it through certified mail.

Step 2 – Allow the tenant the full time period stated in the notice to pay/cure/vacate. If the tenant does not comply with the demands stated in the notice, an eviction action can be filed in court.

Step 3 – File an eviction action in the district court of the county where the rental property is located. After the action has been filed, the tenant will be served with a complaint/summons. The complain will detail what the tenant is being sued over (i.e. possession, damages, etc.), and the summons will contain the trial date/time. The tenant has ten (10) business days to file a written answer to the complaint. If the tenant does not file an answer, the judge will rule in favor of the landlord by default.

Step 4 – Show up to the trial date. Bring any relevant documentation (lease agreement, copy of the notice to quit, payment history, violation history, etc.).

Note: If you have witnesses that can testify on your behalf, bring them to the trial/hearing.

Step 5 – If the ruling is made in favor of the landlord, the tenant must vacate the rental property within a certain period of time (typically anywhere from one to seven days). If the tenant does not move out within the court-ordered time period, the landlord can request that a sheriff forcibly remove the tenant from the premises of the rental property.