Montana Eviction Notice Overview
Montana is a true 14-day cure state under MCA §70-24-422. The Montana Residential Landlord and Tenant Act requires landlords to give tenants 14 days to remedy a material noncompliance with the rental agreement. Evictions are filed in Justice Court (for most residential cases) or District Court. Montana’s landlord-tenant law reflects the state’s rural character with provisions for agricultural and manufactured home tenancies.
Montana’s eviction framework is relatively tenant-friendly for a Western state. Yellowstone County (Billings), Missoula County, Flathead County (Kalispell), and Gallatin County (Bozeman) handle the highest eviction volumes. Montana’s rapid population growth, particularly in Bozeman and Missoula, has increased housing costs and eviction filings. For non-payment, Montana uses a separate 3-day notice under MCA §70-24-422(2).
14 Days
Cure period
$30–$70
Justice Court filing
Written
Notice required
4–7 Wks
Total process
Montana Is a True 14-Day Cure State
Under MCA §70-24-422(1), if a tenant materially violates the rental agreement, the landlord must deliver a written notice specifying the noncompliance and allowing 14 days for the tenant to cure. If the tenant cures within 14 days, the rental agreement continues. If the same violation recurs within 6 months, the landlord may terminate with 14 days’ notice without opportunity to cure.
Montana Notice Periods
14-day cure: Material noncompliance (MCA §70-24-422(1))
14-day unconditional: Repeat violation within 6 months
3-day notice: Non-payment of rent (MCA §70-24-422(2))
5-day notice: Drug-related criminal activity
30-day termination: Month-to-month without cause (MCA §70-24-441)
Common Violations Addressed by This Notice in Montana
- Unauthorized pets or livestock (relevant in rural Montana)
- Unauthorized occupants
- Excessive noise or disturbances
- Property damage
- Failure to maintain the dwelling
- Fire hazards or safety violations
Montana Legal Requirements
Montana courts require strict compliance with notice requirements. A deficient notice will result in dismissal of the eviction case, wasting time and filing fees. Here are the mandatory elements:
- Written Notice: Montana requires written notice under the RLTA
- Specific Violation: Describe the noncompliance and reference the lease clause violated
- 14-Day Cure: State that the tenant has 14 days to cure
- Termination Warning: State that failure to cure will terminate the rental agreement
- Landlord Information: Name, address, and phone of the landlord
Serving the Notice in Montana
Proper service is critical in Montana. The method of delivery determines when the notice period starts running and must be documented for court proceedings.
Personal Delivery
Hand the notice to the tenant. The 14-day period starts the next day.
Certified Mail
Send via certified mail with return receipt.
Post and Mail
Post on door and mail a copy if tenant is unavailable.
Montana Eviction Timeline
The complete eviction process in Montana, from notice to physical removal, follows this general timeline for uncontested cases:
Montana Eviction Fees & Costs
Below are the typical costs associated with the eviction process in Montana. Fees may vary by county or court location.
| Cost Item | Amount |
|---|---|
| Justice Court Filing Fee | $30 – $70 |
| Sheriff Service | $20 – $40 |
| Writ of Restitution | $15 – $30 |
| Attorney Fees | $500 – $1,500 |
Sample Montana Eviction Notice
Below is a preview of a Montana-compliant eviction notice. The generated document includes all elements required under MT law.
14-DAY NOTICE TO CURE OR QUIT
STATE OF MONTANA
Pursuant to MCA §70-24-422(1)
TO (TENANT):
Name: [Tenant Full Legal Name]
Address: [Montana Property Address]
VIOLATION / GROUNDS:
[Detailed description of violation with dates]
DEMAND
You have fourteen (14) days to cure the above violation. Failure to remedy the noncompliance within 14 days will result in termination of your rental agreement.