Montana Eviction Notice Overview
Montana uses a 3-day notice for non-payment of rent under MCA 70-24-422(2). Montana does not have a 5-day notice provision. The Montana Residential Landlord and Tenant Act governs most residential evictions. Cases are filed in Justice Court or District Court.
Understanding the correct notice period is critical for Montana landlords. Using a 5-day notice when the law requires a different period will result in the court dismissing the eviction case, costing the landlord additional time and filing fees. Always verify the current Montana statutory requirements before serving any eviction notice.
3-day
Actual notice period
$30 - $75
Court filing fee
Justice
Court type
3-6 Wks
Total process
Why Montana Uses 3-day, Not 5 Days
Important: Montana Does Not Have a 5-Day Notice
A 5-day eviction notice is not the correct notice period in Montana. Under MCA 70-24-422(2), the required notice for non-payment of rent is 3-day. Serving a 5-day notice will likely result in the court dismissing your case. Use the correct 3-day notice period.
States that do use a 5-day notice include Arizona, Delaware, Hawaii, Illinois, Oklahoma, Rhode Island, South Carolina, Virginia, and Wisconsin. Montana is not among them. The 3-day notice requirement in Montana applies to the most common eviction scenario: non-payment of rent. Other eviction grounds (lease violations, month-to-month terminations) may require different notice periods under Montana law.
If you are a landlord in Montana, ensure your eviction notice complies with MCA 70-24-422(2) and includes all elements required by Justice Court/District Court. Using our Montana-specific template ensures you have the correct notice period and statutory language.
Montana Legal Requirements for Eviction Notices
To withstand judicial scrutiny in Montana Justice Court/District Court, your eviction notice must contain all elements required by state law. Missing even one required element gives the tenant grounds to challenge the notice.
Required Notice Contents
- Tenant Names: Full legal names of all adult tenants on the lease agreement
- Property Address: Complete address including unit number, city, and Montana county
- Amount Owed: For non-payment cases, specific dollar amount of rent due plus any lawful late fees
- Notice Period: Clear statement of the 3-day period to pay or vacate as required by MCA 70-24-422(2)
- Consequences: Warning that failure to pay or vacate will result in eviction proceedings in Justice Court/District Court
- Landlord Information: Name, signature, and contact information of the landlord or property manager
- Date of Service: The date the notice is delivered, which starts the 3-day clock
How to Serve an Eviction Notice in Montana
Proper service of the eviction notice is essential under Montana law. Justice Court/District Court judges regularly dismiss cases where the landlord cannot demonstrate proper service.
Personal Hand-Delivery (Preferred)
Deliver the notice directly to the tenant in person. Bring a witness or use a process server for documentation. This is the method Montana courts trust most.
Substituted Service
If the tenant is not available, leave the notice with a competent adult (18+) residing at the property. Record the name and date of service.
Post and Mail
Post the notice on the main entry door and mail a copy via first-class or certified mail. Use this as a last resort when personal delivery fails.
Document Everything
Prepare a proof of service affidavit recording the date, time, method, and witnesses. Montana courts require this when filing the eviction complaint.
File After Notice Period Expires
Once the 3-day period expires without payment or vacancy, file the eviction complaint at the Justice Court/District Court in the jurisdiction where the property is located.
Montana Eviction Timeline
The eviction process in Montana follows a specific timeline from notice to enforcement. A typical uncontested eviction takes approximately 3-6 Wks from the date the notice is served. Contested cases can take significantly longer.
After the 3-day notice period expires and the complaint is filed, the court schedules a hearing. At the hearing, the judge reviews the notice, lease, and proof of service. If the landlord prevails, the court enters a judgment for possession.
Following the judgment, the tenant has a limited time to appeal or vacate. If the tenant does not leave voluntarily, the landlord obtains a writ of possession, and the sheriff or constable enforces the removal. Self-help evictions are illegal in Montana and can expose the landlord to substantial liability.
Montana Eviction Filing Fees & Costs
Below are the typical costs associated with the eviction process in Montana. Actual fees may vary by county and specific circumstances.
| Fee / Cost | Typical Amount |
|---|---|
| Justice Court/District Court Filing Fee | $30 - $75 |
| Service of Process | $25 - $75 |
| Writ of Possession | $25 - $100 |
| Attorney Fees (Uncontested) | $400 - $2,000 |
Sample Montana Eviction Notice
Below is a preview of the Montana-specific eviction notice using the correct 3-day notice period required by MCA 70-24-422(2).
NOTICE TO PAY RENT OR QUIT
STATE OF MONTANA
Pursuant to MCA 70-24-422(2)
TO TENANT(S):
Name(s): [All Tenant Names]
Address: [Full Montana Address]
NOTICE:
You are notified that rent in the amount of $[Amount] is past due. Pursuant to MCA 70-24-422(2), you have 3-DAY from the date of service to pay the total amount due or surrender possession.
MONTANA COMPLIANCE
This notice uses the correct 3-day period required by Montana law under MCA 70-24-422(2). A 5-day notice is not valid in Montana.