Montana eviction notices at a glance
Montana uses four main notices, all set by the Residential Landlord and Tenant Act. For unpaid rent, MCA 70-24-422(2) lets you terminate if the tenant does not pay within 3 days after a written notice that states the nonpayment and your intent to end the rental agreement if rent is not paid in that time.
Most other lease violations get a 14-day notice, and the tenancy survives if the tenant fixes the problem before the date in the notice. Shorter 3-day notices apply to unauthorized pets, unauthorized occupants, verbal abuse of the landlord, damage to the premises and conduct that creates a reasonable risk of damage or injury under MCA 70-24-321(3). A repeat of the same violation within 6 months can be met with a 5-day notice.
No cause is needed to end a month-to-month tenancy. Either side can give at least 30 days’ written notice at any time during the month, and the tenancy ends on the date named, with rent split day by day (MCA 70-24-441).
| Reason | Notice | Can the tenant fix it? |
|---|---|---|
| Unpaid rent | 3 days after written notice | Yes, by paying in full within the 3 days |
| Most lease violations | 14 days | Yes, if remedied before the date in the notice |
| Unauthorized pet or occupant | 3 days | Remedy keeps the tenancy if the violation is fixed |
| Damage or dangerous activity | 3 days | No cure right in the statute |
| Same violation within 6 months | 5 days | No |
| End of month-to-month tenancy | 30 days | No reason required |
How to serve a Montana eviction notice
MCA 70-24-108 lists what counts as notice, and the method changes your count. Hand delivery starts the clock on delivery. A notice mailed with a certificate of mailing or by certified mail is treated as served 3 days after mailing, so a mailed 3-day notice really gives the tenant 6 days.
Email works only if the tenant gave an email address in the rental agreement, and it is complete only when you get a read receipt or a reply that isn’t automatic. Without that, you have no proof the clock started. Hand delivery, with a signed note of the date, time and person served, is the cleanest proof.
State the amount owed, the unit, the delivery date and the date the tenancy ends if rent isn’t paid. A notice that miscounts the days, or that is served before rent is actually late, gives the tenant an easy defense.
Does Montana require a reason to evict?
No. Montana has no statewide just-cause rule, so a landlord can end a month-to-month tenancy on 30 days’ notice without stating a reason. MCA 70-24-422(7) also says the landlord is not bound by the breach-notice rules when it chooses the 30-day termination instead.
Two limits still apply. A termination can’t be retaliation for a code complaint, a written repair complaint or joining a tenants’ union (MCA 70-24-431), and fair housing law applies to every notice. A fixed-term lease also runs to its end date unless the tenant breaches it.
The Montana action for possession, step by step
Once the notice period runs and the tenant is still there, you file an action for possession. Justice courts share jurisdiction with district courts over these cases under MCA 3-10-302, and most owners file in the justice court for the county where the building sits. The complaint can claim possession, unpaid rent and damages (MCA 70-24-427(1)).
The tenant gets a short window to answer. Under MCA 70-24-429(4), the answer is due 5 business days after service of the summons and complaint, not counting the day of service. After that the statute sets the pace, and the deadlines below are outer limits the court must meet unless both sides agree to a continuance.
- File the complaint and have the summons served on the tenant.
- Answer due 5 business days after service (MCA 70-24-429(4)).
- Hearing within 10 business days after the appearance or answer date, or 5 business days in a 70-24-321(3) danger case (MCA 70-24-427(2)(a)).
- Ruling within 5 days after the hearing; if possession is granted, the court issues a writ of possession and a writ of assistance immediately (MCA 70-24-427(4)).
- The sheriff executes the writ of assistance within 5 business days after receiving it, not counting the day of receipt.
- A separate damages hearing, if needed, within 45 days after possession and rent are decided (MCA 70-24-427(2)(b)).
Appeals, holdovers and damages
An appeal to district court doesn’t restart the slow way. MCA 70-24-427(2)(a) requires the district court to hear the case within 10 business days after it is transmitted, or 5 business days in a danger case.
A tenant who stays after a lawful termination can owe more than rent. If you end a month-to-month tenancy on a valid 30-day notice and the tenant holds over, MCA 70-24-429(3) treats the holdover as purposeful and lets you recover up to 3 months’ periodic rent or treble damages, whichever is greater. For longer terms ended for cause, the same remedy applies when the holdover is purposeful and not in good faith.
Montana eviction timeline
The table shows each step for a nonpayment case with the rule that sets it. It runs every post-filing step to its statutory limit, so a quiet default case can finish sooner.
| Step | Deadline | Rule |
|---|---|---|
| Notice of nonpayment | Tenant has 3 days to pay (6 if mailed) | MCA 70-24-422(2), 70-24-108 |
| File action for possession | After the notice period ends | MCA 70-24-427(1), 3-10-302 |
| Tenant’s answer | 5 business days after service | MCA 70-24-429(4) |
| Hearing | Within 10 business days of the answer date | MCA 70-24-427(2)(a) |
| Ruling and writs | Within 5 days after the hearing | MCA 70-24-427(4) |
| Sheriff lockout | Within 5 business days of receiving the writ | MCA 70-24-427(4) |
| Appeal hearing in district court | Within 10 business days of transmittal | MCA 70-24-427(2)(a) |
Self-help evictions, retaliation and the right to pay
Changing the locks or cutting off utilities is not allowed. MCA 70-24-428 bars a landlord from taking back a unit except through the Act, including by interrupting heat, water, hot water, electricity or gas. A tenant who is locked out or loses service can recover possession or end the lease and collect up to 3 months’ periodic rent or treble damages, whichever is greater (MCA 70-24-411).
Retaliation is presumed if you file within 6 months after a covered complaint, but the presumption doesn’t block a case when the tenant is in default in rent (MCA 70-24-431(4)(b)).
Be careful with payments. Under MCA 70-24-423, accepting full payment of the rent due waives a nonpayment breach, while accepting a partial payment waives nothing. If you take a partial payment after serving notice, put in writing that you are applying it to the balance and keeping the termination in place.
Federal rules: CARES Act notice and the SCRA
If the building has a federally backed mortgage, such as a Fannie Mae, Freddie Mac or FHA-insured loan, or takes part in a covered federal housing program, Section 4024(c) of the CARES Act (15 U.S.C. 9058(c)) bars requiring a tenant to leave until 30 days after a notice to vacate. The 120-day moratorium ended in 2020, but the 30-day text is still in the statute and courts have split on whether it still applies. Serving 30 days at a covered building avoids the fight over a 3-day notice.
Before a default judgment, the Servicemembers Civil Relief Act requires an affidavit stating whether the tenant is in military service (50 U.S.C. 3931).
Worked example: one nonpaying unit in Billings
Assume a 16-unit building in Billings with a unit renting for $1,250 a month, and a tenant who doesn’t pay on Sunday, August 1, 2027. Assume also a $1,500 flat attorney fee and that every step after filing runs to its statutory limit.
You hand-deliver the 3-day notice on August 2. It runs out August 5, and you file and serve on August 6. The answer is due August 13, the hearing falls on August 27, the ruling comes by September 1 and, if the sheriff gets the writ that day, the lockout happens by September 9, after Labor Day.
That is 39 days without rent. At $41.10 a day ($15,000 a year divided by 365), lost rent comes to $1,603. Add the $1,500 fee and the eviction costs about $3,103, before filing and service fees, turnover and re-leasing time.
| Item | Assumption | Amount |
|---|---|---|
| Lost rent | 39 days at $41.10 | $1,603 |
| Attorney fee | Flat fee | $1,500 |
| Total | Before court fees and turnover | $3,103 |
Alternatives to a Montana eviction
A written payment plan suits a tenant with a short-term setback. Because full payment waives the nonpayment breach, decide before you sign whether the plan replaces the notice or sits alongside it, and say so in the agreement.
Cash for keys suits a tenant who can’t catch up. Paying a few hundred dollars for a move-out date and a clean unit can beat a 39-day case, and a signed surrender also lets you deal with leftover belongings under the faster rules for court-ordered or surrendered units in MCA 70-24-430.
Selling a Montana building with a pending eviction
You can sell with a case open. The buyer takes the building subject to the leases, and the purchase agreement should assign the leases and your claims against the tenant, say who controls the pending case, and decide who keeps any rent or judgment collected. The buyer’s attorney then decides whether to continue the case or start fresh in the new owner’s name.
Give the buyer the notice, proof of service, ledger and court file, and ask each tenant for an estoppel certificate that confirms rent, deposit and any dispute. For the rest of the tenant rules that carry over at closing, see our page on Montana landlord-tenant law.
Selling your Montana apartment building to Skyline
Skyline Capital Investments buys apartment buildings with five or more units across Montana with tenants in place, including buildings with unpaid rent, notices served or cases on the docket. You don’t need to finish an eviction first.
Send the address and unit count through the form on this page or call (469) 660-2977. We typically respond within 48 hours.
