Montana Eviction Notice Templates

A Montana eviction notice is a formal letter notifying a tenant of lease noncompliance. It explains the violation and provides a specific deadline to cure it. Failure to comply may result in the tenant being evicted.

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Last updated January 26th, 2026

A Montana eviction notice is a formal letter notifying a tenant of lease noncompliance. It explains the violation and provides a specific deadline to cure it. Failure to comply may result in the tenant being evicted.

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By Type

Pay or Quit – Notifies the tenant that rent has not been paid. It serves as a warning before eviction begins.

Cure or Quit – Used for fixable lease violations. The notice explains what must change.

Termination of Month-to-Month Tenancy (30-Day Notice) – Ends a month-to-month agreement with notice.

Notice to Quit for Illegal Activity – Issued when illegal acts occur on the premises.

Eviction Laws

  • Rent Grace Period: 3 days.[1]
  • Non-Payment of Rent: 3-day notice.[1]
  • Lease Non-Compliance: 14-day notice.[2]
  • Substantial Damage to Property: 3-day notice.[3]
  • Termination of Month-to-Month Tenancy: 30-day notice.[4]
  • Filing an Eviction: Landlord’s Remedies After Termination.[5]

Notices must clearly state the violation and the deadline for the tenant to comply or vacate.

 

How to Evict a Tenant in Montana (Step-by-Step)

If a landlord intentionally interrupts essential utilities—including heat, running water, hot water, electricity, or gas—the tenant may terminate the rental agreement and recover up to three months’ rent as damages.If a landlord unlawfully removes a tenant or blocks access to the unit without a court order, the tenant may terminate the lease and recover up to three months’ rent.[6]

Step 1: Provide Eviction Notice to the Tenant

The process begins with proper written notice. Montana uses a standard Notice to Quit for all eviction types, with the response time based on the violation. The notice must explain what the tenant did wrong and how long they have to fix the issue or move out.

Step 2: File Complaint and Summons With the Court and Serve the Tenant

If the tenant does not comply, the landlord may file a Complaint and Summons in City Court, Municipal Court, Justice Court, or District Court. A Request to Serve must also be filed so the sheriff can serve the tenant. Filing fees vary by county, including:

  • Yellowstone County: $50.[7]
  • Gallatin County: $120.[8]
  • Missoula County: $100.[9]

Step 3: Attend Hearing and Receive Judgment

After service, the tenant has 10 days to file an Answer. If no Answer is filed, the landlord may receive a Judgment. If the tenant does answer, the court will schedule a hearing within 20 days after the landlord files a request.

Step 4: Obtain a Writ of Assistance (If Necessary)

If the landlord wins and the tenant still refuses to leave, the landlord may request a Writ of Assistance. This authorizes the sheriff to remove the tenant and return possession of the property to the landlord.

 

Court Forms & Resources

  • Guide
     State-provided instructions and forms explaining the eviction process.
  • Complaint for Possession
     Filed by the landlord to begin the eviction case and state the legal reason for removal.
  • Summons
     Served on the tenant to notify them of the lawsuit.
  • Request to Serve Documents
     Used to formally request service of the summons and complaint by the sheriff.
  • Request a Hearing
     Completed by the court when a hearing date is scheduled.
  • Answer
     Allows the tenant to admit or deny the allegations in the complaint.
  • Judgment
     Records the court’s final decision.
  • Writ of Assistance
    Authorizes the sheriff to remove the tenant if they do not vacate after judgment.

Sources

  1. Mont. Code § 70-24-422(2)
  2. Mont. Code § 70-24-422(1)(d)
  3. Mont. Code § 70-24-422(3,4)
  4. Mont. Code § 70-24-441(2)
  5. Mont. Code § 70-24-427
  6. Mont. Code § 70-24-411
  7. County of Yellowstone Justice Court – Civil Cases
  8. Gallatin County Clerk of the District Court – Fee Schedule
  9. Missoula County Justice Court – Civil Division