Montana 60-Day Notice Overview
Montana does not require a 60-day notice for standard residential tenancy terminations. Under the Montana Residential Landlord and Tenant Act (Mont. Code 70-24-401 et seq.), month-to-month tenancies can be terminated with 30 days written notice under Section 70-24-441. The notice must be given at least 30 days before the termination date.
Montana is generally landlord-friendly with no statewide rent control and no just-cause eviction requirements. Security deposits are limited to one month's rent under Mont. Code 70-25-201 and must be returned within 30 days (10 days if there are no deductions). Montana prohibits retaliatory evictions under 70-24-431. The eviction process through Justice Courts is moderately efficient.
30 Days
Statutory default
$30-$75
Court filing fees
Written
Notice required
2-4 wks
Court process
When a 60-Day Notice Applies in Montana
Since Montana's statutory default for month-to-month termination is 30 days, understanding when a 60-day notice is actually required or advisable is essential for landlords.
Lease-Required Extended Notice
Many Montana landlords include 60-day non-renewal clauses in their leases. The contractual obligation overrides the 30-day statutory minimum under Mont. Code 70-24-441 when the lease specifies a longer period.
Montana Board of Housing Programs
Federal Section 8 programs administered through the Montana Board of Housing and local PHAs frequently require 60-90 days notice before termination of subsidized housing tenancies across the state.
Limited Housing in Montana Markets
Montana's rapidly growing cities — Billings, Missoula, Bozeman, Helena — have extremely tight rental markets with very low vacancy rates. Providing 60 days gives tenants time to find replacement housing where options are scarce.
Montana Legal Requirements
Montana's landlord-tenant statutes establish specific requirements for termination notices that must be followed precisely.
Montana Strict Deposit Return Rules
Montana has strict security deposit rules. Under Mont. Code 70-25-201, deposits are limited to one month's rent. The deposit must be returned within 30 days of termination (10 days if there are no deductions claimed). Landlords who violate deposit rules may owe the full deposit amount plus damages. Always comply precisely with Montana's statutory requirements for both notice and deposits.
Notice Content Requirements
- Written Notice: Mont. Code 70-24-441 requires written notice. Oral notice is insufficient for residential tenancy terminations in Montana
- Tenant and Property ID: Include all tenant names from the lease and the complete property address including city, county, and ZIP code
- Termination Date: State the exact date at least 60 days from service, aligned with the end of the monthly rental period
- Landlord Contact: Include the landlord or property manager name, Montana mailing address, and telephone number
- Security Deposit Reference: Mont. Code 70-25-201 requires return within 30 days (10 days if no deductions) with an itemized statement. Deposits limited to one month's rent
How to Serve a 60-Day Eviction Notice in Montana
Proper service is critical in Montana. If the landlord cannot prove the notice was properly delivered, the court will dismiss the eviction action.
Prepare the Notice
Draft using a Montana-specific template referencing Mont. Code 70-24-441. Include all tenant names, property address, and the 60-day termination date
Personal Delivery (Preferred)
Hand-deliver to the tenant at the rental premises. Montana courts prefer personal service. Use a process server or witness for documentation
Certified Mail Alternative
Send via certified mail with return receipt. Montana accepts mailed service for landlord-tenant termination notices
Complete Proof of Service
Document date, time, method, and location of service. Keep certified mail receipts and return cards for court proceedings
File Unlawful Detainer Action
After 60 days expire without the tenant vacating, file an eviction action in Justice Court or District Court where the property is located
Montana Eviction Timeline
Montana's eviction process uses the Unlawful Detainer action filed in Justice Court (under $12,000) or District Court. After filing, the tenant is served and has 5 days to respond. If no response is filed, a default judgment can be entered.
If the tenant responds, a hearing is scheduled within 10-20 days. If the landlord prevails, the court issues a judgment for possession and a writ of restitution. The sheriff enforces removal if the tenant does not vacate voluntarily.
Total court timeline: 2-4 weeks uncontested, 4-8 weeks contested. Yellowstone County (Billings) and Missoula County handle the most eviction cases. Combined with the 60-day notice period, the full process spans 10-16 weeks.
Montana Filing Fees & Costs
Eviction costs in Montana vary by county and court type. Below are typical expenses.
| Fee / Cost | Typical Amount |
|---|---|
| Justice Court Filing Fee | $30 - $75 |
| Service of Process | $20 - $50 |
| Attorney Fees | $400 - $1,500 |
| Writ of Restitution | $15 - $30 |
| Sheriff Enforcement | $50 - $150 |
Sample Montana 60-Day Notice
Below is a preview of our Montana-specific 60-day termination notice template.
60-DAY NOTICE OF TERMINATION
STATE OF MONTANA
Pursuant to Mont. Code 70-24-441
LANDLORD / PROPERTY OWNER:
Name: [Full Legal Name]
Address: [Montana Mailing Address]
TENANT(S):
Name(s): [All Tenant Names]
Rental Address: [Full Property Address]
NOTICE OF TERMINATION:
You are hereby notified that your tenancy at the above premises will terminate on[Date — 60 days from service]. You must vacate and surrender possession by that date.
MONTANA COMPLIANCE NOTE
Your security deposit will be returned within 30 days of vacating per Mont. Code 70-25-201 (10 days if no deductions), with an itemized statement. Please provide a forwarding address upon vacating.