Montana 3-Day Eviction Notice Overview
Montana Is a 3-Day Notice State
Montana uses a 3-day notice under MCA 70-24-422.
Montana's landlord-tenant law is based on the URLTA, codified at MCA 70-24-101 through 70-27-117. The 3-day notice for non-payment under MCA 70-24-422 is one of the shortest notice periods in the country. Montana's Justice Courts handle most residential evictions. For lease violations, Montana requires a 14-day notice with a right to cure under MCA 70-24-422(1)(b).
3 Days
Notice period
$30-$70
Filing fee
MCA
Governing law
2-4 Wks
Court process
Montana's Actual Notice Period
Montana requires a 3 days notice under MCA 70-24-422. Using the wrong notice period is one of the most common grounds for dismissal in Justice Court.
3 Days Notice (MCA 70-24-422)
The landlord must deliver a written notice giving the tenant the required time to pay rent or vacate. The notice must state the exact amount of past-due rent. If the tenant pays in full within the notice period, the notice is void and the tenancy continues.
Montana Legal Requirements
- Written Notice: Must be in writing under Montana law
- Rent Amount: State the exact dollar amount of past-due rent owed
- Notice Period: Allow 3 days for the tenant to pay or vacate
- Property Address: Include the complete rental property address
- Tenant Names: Include all tenants named on the lease agreement
- Proper Service: Use an approved service method under Montana law
How to Serve an Eviction Notice in Montana
Personal Delivery
Hand the notice directly to the tenant. Use a witness or process server to document delivery
Posting and Mailing
If personal delivery fails, post the notice on the door and mail a copy by certified or first-class mail
Wait the Full Notice Period
Allow the full 3 days to pass. The day of service does not count as day one
File in Justice Court
After the notice period expires without payment, file the eviction complaint with proof of service
Montana Eviction Timeline
After the notice period expires, the landlord files in Justice Court. The court issues a summons and schedules a hearing, typically within 7 to 21 days. If the landlord prevails, the court enters a judgment for possession, and the sheriff or constable executes the writ.
Total timeline from initial notice to physical removal is typically 2-4 wks for uncontested cases. Contested cases with defenses, counterclaims, or appeals can add several weeks to the process.
Montana Court Fees & Costs
| Fee / Cost | Typical Amount |
|---|---|
| Court Filing Fee | $30-$70 |
| Service of Process | $25 - $75 |
| Writ of Possession | $30 - $75 |
| Attorney Fees (if hired) | $500 - $2,500 |
Sample Montana Eviction Notice
Below is a preview of a Montana-compliant notice under MCA 70-24-422.
3-DAY NOTICE TO PAY RENT OR QUIT
STATE OF MONTANA
Pursuant to MCA 70-24-422
TO TENANT(S):
Name: [Tenant Full Name]
PREMISES:
Address: [Address, City, MT ZIP]
RENT DUE:
$[Amount] for [Period]
MONTANA COMPLIANCE
This notice complies with MCA 70-24-422. Montana is a 3-day notice state.