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Eviction rules depend on the state. Which state is the rental in?

Montana eviction laws

Notices, deadlines, court and tenant rights in Montana — in plain English.

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Overview

The court case
Action for possession (unlawful detainer)
Court
Justice Court, City Court, or District Court in the county where the property is located
Main laws
Montana Residential Landlord and Tenant Act, MCA Title 70, Chapter 24 (esp. §§ 70-24-108, 70-24-422, 70-24-441); MCA Title 70, Chapter 27 (Forcible Entry and Unlawful Detainer)

Just-cause protection

No statewide law

Montana has no just-cause eviction law. A landlord can end a month-to-month or week-to-week tenancy without a reason with proper notice, except for retaliation or discrimination. (MCA 70-24-441, 70-24-431)

Notices before filing, by reason

What a landlord must serve before filing — and what a tenant should expect to receive.

Unpaid rent — 3-Day Notice to Pay Rent or Quit

The landlord serves a written 3-day notice of nonpayment stating that the rental agreement will end if rent is not paid within 3 days. If the tenant pays in full within 3 days, the tenancy continues.

3-Day Notice to Pay Rent or Quit

Notice period
3 days
Counting
3 calendar days after service; day of service not counted. If served by mail (certificate of mailing or certified mail), service is considered made 3 days after mailing, so the 3 days start then.
Tenant can fix it?
Yes, within the notice period
Must include
  • Tenant name(s) and rental address
  • Statement that rent is unpaid and the amount due
  • Statement of the landlord's intention to terminate the rental agreement if the rent is not paid within 3 days
  • Date and landlord signature
How to serve
Hand it to the tenant in person; First-class mail; Certified mail (return receipt); Email (only if the tenant agreed in writing). Hand it to the tenant, or mail it with a certificate of mailing or by certified mail to the address the tenant gave for notices (service counts as made 3 days after mailing), or email it to an address listed in the rental agreement (complete when a read receipt or reply is received).
Law
MCA 70-24-422(2), 70-24-108
  • Accepting rent with knowledge of the default can waive the right to terminate for that default (MCA 70-24-424).
The tenant broke the lease or rules — 14-Day Notice to Remedy or Quit

For most lease or tenant-duty violations, the landlord serves a 14-day notice; if the tenant fixes the problem within 14 days, the agreement does not end. Unauthorized pets or occupants, verbal abuse, and refusing lawful landlord access use a 3-day notice with a right to fix. A repeat of the same violation within 6 months can be ended with a 5-day notice and no cure.

14-Day Notice to Remedy or Quit

Notice period
14 days
Longer notice
3 days (with right to cure) for unauthorized pets, unauthorized persons living in the unit, verbal abuse, or denying lawful access; 5 days (no cure) for a repeat of the same violation within 6 months
Counting
Calendar days after service; day of service not counted. Mailed notices count as served 3 days after mailing.
Tenant can fix it?
Yes, within the notice period
Must include
  • Tenant name(s) and rental address
  • The acts and omissions that make up the violation
  • Statement that the rental agreement will terminate on a date at least 14 days after service unless the tenant remedies the violation before that date
  • Date and landlord signature
How to serve
Hand it to the tenant in person; First-class mail; Certified mail (return receipt); Email (only if the tenant agreed in writing). Hand delivery; mail with certificate of mailing or certified mail (service counts 3 days after mailing); or email to an address in the rental agreement.
Law
MCA 70-24-422(1)(a)-(d), 70-24-108
The lease ended and the tenant stayed — no notice required

A fixed-term lease ends on its end date without further notice unless the lease requires notice. If the tenant stays without the landlord's consent, the landlord may file for possession.

  • If the landlord accepts rent after the lease ends, a month-to-month tenancy may be created, requiring a 30-day notice.
  • Double-check with the court: Many leases require written notice of non-renewal; follow the lease.
Ending a month-to-month tenancy (no fault) — 30-Day Notice to Terminate Tenancy

A month-to-month tenancy can be ended by written notice at least 30 days before the termination date; a week-to-week tenancy by 7 days' notice.

30-Day Notice to Terminate Tenancy

Notice period
30 days (week-to-week: 7 days, month-to-month: 30 days)
Counting
At least 30 days (7 for week-to-week) before the termination date; day of service not counted; mailed notices count as served 3 days after mailing.
Tenant can fix it?
No
Must include
  • Tenant name(s) and rental address
  • Statement that the tenancy is terminated and the termination date
  • Date and landlord signature
How to serve
Hand it to the tenant in person; First-class mail; Certified mail (return receipt); Email (only if the tenant agreed in writing). Hand delivery; mail with certificate of mailing or certified mail (service counts 3 days after mailing); or email to an address in the rental agreement.
Law
MCA 70-24-441, 70-24-108
  • Termination within 6 months after a tenant's good-faith complaint may be presumed retaliatory (MCA 70-24-431).
Illegal activity, violence or serious damage — 3-Day Notice to Quit (Damage or Danger)

If the tenant destroys, damages or removes part of the premises, or creates a reasonable potential that the premises may be damaged or neighbors injured (for example, dangerous activity involving drugs, gangs or weapons), the landlord may terminate with a 3-day notice. No right to cure.

3-Day Notice to Quit (Damage or Danger)

Notice period
3 days
Counting
3 calendar days after service; day of service not counted; mailed notices count as served 3 days after mailing (so hand delivery is typical).
Tenant can fix it?
No
Must include
  • Tenant name(s) and rental address
  • The damage or dangerous conduct, with facts and dates
  • Statement that the rental agreement terminates 3 days after service
  • Date and landlord signature
How to serve
Hand it to the tenant in person; First-class mail; Certified mail (return receipt); Email (only if the tenant agreed in writing). Hand delivery is recommended; mail with certificate of mailing or certified mail (service counts 3 days after mailing); or email to an address in the rental agreement.
Law
MCA 70-24-422(1)(e), (f), 70-24-321(2), (3)
  • Double-check with the court: Subsection lettering of MCA 70-24-422 changes with amendments; confirm the current letter before citing in a court filing.

How a tenant responds

After being served with the summons and complaint, the tenant has 5 business days (not counting weekends or holidays) to file a written answer with the court. If no answer is filed, the landlord can get a default judgment. If the tenant answers, the court usually sets a hearing within about 10 business days.

Deadline: 5 business days after being served · MCA 70-24-427, 70-27-108

Official court forms

Landlords

  • Action for Possession Packet (Asking the Court to Evict Your Tenant) — complaint & summons
  • Writ of Assistance and Order (Residence)

Tenants

  • Answering an Action for Possession Packet

All Montana forms →

Sources

Checked 2026-09. General information, not legal advice; laws change and courts differ. We strive for accuracy but don’t guarantee it.