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 may be required. Month-to-month tenancies require a thirty (30) day notice period, tenants who have not paid rent must receive a three (3) day notice to quit/pay. If the tenant has committed some form of lease violation, they must receive at least fourteen (14) days notice to “cure” (i.e. fix)
Montana Eviction Process & Laws | Free MT Eviction Notices
How to Evict a Tenant (Process)
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.