Montana Eviction Notice Overview
Montana does not use a 7-day eviction notice. Under MCA 70-24-422, landlords must give a 3-day notice for non-payment of rent. Montana has adopted the Residential Landlord and Tenant Act of 1977, which provides the framework for evictions. For lease violations, a 14-day notice to cure is required under MCA 70-24-422(1).
Montana's Residential Landlord and Tenant Act (MCA Title 70, Chapter 24) governs all residential rentals statewide. Montana has 56 counties with Justice Courts and District Courts. Yellowstone County (Billings) and Missoula County handle the highest eviction volumes. Montana's large geographic area and low population density mean that court access varies significantly between urban and rural areas.
3 Days
Notice period
$30 - $70
Filing fee
MT Code
Governing law
Justice
Court level
Why Montana Uses 3 Days, Not 7
Important: Montana Uses a 3-Day Notice, Not 7
Montana requires a 3-day notice for non-payment under MCA 70-24-422(2). For material lease violations, a 14-day notice to cure applies under MCA 70-24-422(1). A 7-day notice is not standard in Montana eviction law.
Montana Notice Periods at a Glance
- 3-Day Notice — Non-Payment (MCA 70-24-422(2)): Tenant has 3 days to pay all rent owed
- 14-Day Notice — Lease Violations (MCA 70-24-422(1)): Tenant has 14 days to cure a material noncompliance
- 14-Day Unconditional — Repeat Violations: If same violation recurs within 6 months, 14-day unconditional quit
- 30-Day Notice — Month-to-Month (MCA 70-24-441): Either party must give 30 days notice
Montana Notice Requirements
Montana courts require that eviction notices meet specific content and format standards. An incomplete or incorrectly timed notice will result in dismissal of the eviction case.
Required Notice Content
- Property Address: Full address including unit number, city, and zip code
- Tenant Names: All tenants named on the lease or rental agreement
- Amount Owed or Violation: Exact dollar amount of rent due, or specific description of the lease violation
- Correct Notice Period: 3 days for non-payment as required by Montana law
- Consequence Statement: That eviction proceedings will be filed if the tenant does not cure or vacate
- Landlord Information: Name and contact information of the landlord or property manager
How to Serve an Eviction Notice in Montana
Montana law provides specific methods for serving eviction notices. Proper service and documentation are essential for the court filing.
Personal Delivery
Hand-deliver to the tenant in person.
Certified Mail
Send via certified mail to the tenant's address.
Posting on Premises
Post on the door and mail a copy if personal service fails.
Document Service
Prepare proof of service for the court filing.
Montana Eviction Timeline
The Montana eviction process follows a specific timeline from notice through court proceedings to enforcement.
Serve 3-day notice for non-payment per MCA 70-24-422(2)
File eviction complaint in Justice Court or District Court
Hearing set; tenant served with summons
Hearing held; judgment entered if landlord prevails
Writ of restitution issued; sheriff enforces removal
Uncontested Montana evictions take 3-5 weeks. Contested cases take 5-10 weeks. Rural areas may have longer wait times due to less frequent court sessions. Montana's URLTA framework provides clear procedures for both landlords and tenants.
Montana Eviction Fees & Costs
Below are the typical costs for an eviction proceeding in Montana Justice Court or District Court. Actual fees may vary by county.
| Fee / Cost | Typical Amount |
|---|---|
| Justice Court Filing Fee | $30 - $70 |
| Service of Process | $20 - $50 |
| Writ of Restitution | $20 - $40 |
| Attorney Fees (optional) | $500 - $2,000 |
| Appeal Filing Fee | $100 - $200 |
Sample Montana Eviction Notice
Below is a preview of a Montana-compliant eviction notice that meets the requirements of MCA 70-24-422.
3-DAY NOTICE TO PAY RENT OR VACATE
STATE OF MONTANA
Pursuant to MCA 70-24-422(2)
LANDLORD:
Name: [Full Legal Name]
Address: [Montana Address]
TENANT(S):
Name(s): [All Tenant Names]
Rental Address: [Full Property Address]
NOTICE:
You have THREE (3) DAYS to pay $[Amount] in full or vacate.
MONTANA COMPLIANCE NOTE
Montana requires a 3-day notice for non-payment (MCA 70-24-422(2)), not 7 days.