Montana Eviction Overview
Montana Uses 3-Day and 14-Day Notices, Not 10
Montana's Residential Landlord and Tenant Act (MCA §70-24-422) requires a 3-day notice for non-payment and a 14-day notice for lease violations. There is no 10-day statutory period. The 3-day notice for non-payment is a cure-or-quit notice, while the 14-day notice for violations begins a 30-day termination process.
Montana's eviction law is governed by the Residential Landlord and Tenant Act of 1977, codified at MCA Title 70, Chapter 24. The Act applies to most residential rentals and establishes clear notice periods, habitability requirements, and tenant protections. Montana is generally balanced in its approach, with short notice periods for non-payment but meaningful protections against retaliation and habitability issues.
Eviction cases in Montana are most commonly filed in Justice Court, which has a $30-$50 filing fee and faster processing. Montana's 56 counties each have at least one Justice Court. District Court is available for larger claims or more complex cases. Self-help evictions are prohibited under MCA §70-24-411.
3 Days
Non-payment notice
$30-$50
Justice Court filing
14 Days
Violation notice
2-3 wks
Non-payment process
Montana's Actual Notice Periods
| Grounds | Notice Period | Statute |
|---|---|---|
| Non-payment of rent | 3 days (pay or quit) | MCA §70-24-422(2) |
| Lease violation (first offense) | 14 days to cure / 30 days to terminate | MCA §70-24-422(1) |
| Repeat violation (within 6 months) | 14 days unconditional quit | MCA §70-24-422(1) |
| Criminal activity on premises | 3 days unconditional quit | MCA §70-24-422(3) |
| Month-to-month (no cause) | 30 days | MCA §70-24-441 |
MCA 70-24 Requirements
When 10 Days Might Apply in Montana
A 10-day notice could apply if your Montana lease specifies a 10-day cure period for certain violations. Since the non-payment minimum is only 3 days and the violation minimum is 14 days, a lease-specified 10-day period would be valid for non-payment (exceeding the minimum) but not for violations (less than the 14-day minimum).
Notice Requirements
- Written Notice: All Montana eviction notices must be in writing per MCA §70-24-422
- Specific Grounds: State whether the notice is for non-payment (with amount owed) or violation (with description)
- Cure Period: Include the applicable cure period (3 days for non-payment, 14 days for violations)
- Termination Date: For violation notices, state both the 14-day cure deadline and the 30-day termination date
- Property Address: Include the full address of the rental property
- Landlord Information: Name and contact information of the landlord or property manager
How to Serve in Montana
Personal Delivery
Hand deliver to the tenant. The notice period begins the day after delivery. Bring a witness for proof of service
Post and Mail
Post on the door of the unit and send a copy by first-class mail. Montana courts accept this if personal delivery fails
Wait for Notice Period
Allow the full notice period (3 or 14 days) to expire. If the tenant cures, the notice is void
File in Justice Court or District Court
File the eviction complaint in the county where the property is located. Justice Court ($30-$50) is faster and less formal than District Court
Montana Eviction Timeline
For non-payment cases in Montana, the total timeline is typically 2 to 3 weeks for uncontested matters. After the 3-day notice expires, the landlord files in Justice Court, which schedules a hearing within 5 to 10 days. If the court rules for the landlord, a Writ of Possession is issued.
For lease violation cases, the process is longer because of the 14-day cure period followed by the 30-day termination date. If the tenant does not cure or vacate, the landlord can file after the 30-day period expires, adding another 2 to 3 weeks for the court process.
Contested cases can take 4 to 8 weeks in Justice Court. Appeals from Justice Court go to District Court, which adds 30 to 60 days. Montana's relatively small population and fewer cases per court generally means faster processing than in more populated states.
Montana Filing Fees & Costs
| Fee / Cost | Typical Amount |
|---|---|
| Justice Court Filing Fee | $30 - $50 |
| District Court Filing Fee | $120 - $200 |
| Service of Process | $20 - $50 |
| Writ of Possession Execution | $50 - $100 |
| Attorney Fees (if hired) | $500 - $2,000 |
Sample Montana Eviction Notice
Below is a preview of a Montana-compliant 3-day notice for non-payment under MCA §70-24-422(2).
3-DAY NOTICE TO PAY RENT OR QUIT
STATE OF MONTANA
Pursuant to MCA §70-24-422(2)
TO:
Tenant: [Full Legal Name]
Premises: [Property Address, County, MT]
NOTICE:
You have three (3) days to pay $_____ in past-due rent or vacate the premises. If you pay in full within 3 days, this notice is void. Failure to comply will result in termination of your rental agreement and eviction proceedings in Montana Justice Court.
MONTANA LAW
This notice complies with the Montana Residential Landlord and Tenant Act (MCA §§70-24-101 through 70-24-442).