Montana Eviction Notice Requirements

Under the Montana Residential Landlord and Tenant Act, a landlord may end a tenancy for unpaid rent if the tenant does not pay within 3 days after written notice. For most other lease violations, the notice must give the tenant 14 days to fix the problem. Some violations, such as unauthorized pets or occupants, carry a 3-day period. A month-to-month tenancy can be ended with at least 30 days' written notice.

The notice should be in writing and should state the problem, what the tenant must do, and the date the tenancy will end if the issue is not fixed. Montana law treats a notice sent by certified mail or with a certificate of mailing as served 3 days after the date of mailing, so the countdown starts later when you mail it. Keep a copy and a record of how it was delivered.

If the tenant does not pay, cure the problem, or move out by the deadline, the landlord's next step is to file an eviction case, called an action for possession, usually in justice or city court. A Montana landlord may not change the locks, remove the tenant, or shut off heat, water, electricity, or other essential services to force a tenant out. Only a court order allows a tenant to be removed, and the sheriff carries out the writ.