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Montana Eviction Notice

Montana eviction notice: the 3-day pay-or-vacate and 14-day cure notice under MCA Section 70-24-422. Free template, statute cites. Attorney review available.

Introduction

A notice to vacate is a written notice a landlord serves on a tenant to begin ending a tenancy for cause, before filing an action for possession in court. What follows on this page is the notice document itself, ready to fill in and serve, not a general walkthrough of how Montana eviction law works. In Montana, the notice you serve depends on the reason: nonpayment of rent gets a 3-day pay-or-vacate notice, an unauthorized pet or unauthorized occupant gets a 3-day cure-or-vacate notice, and most other fixable lease violations get a 14-day cure-or-vacate notice. Property damage and conduct that creates a real risk of damage or injury, such as unlawful drug manufacturing or unlawful weapons possession, get a 3-day notice where curing is the landlord's option, not the tenant's right, and a repeat violation within 6 months of an earlier notice gets a 5-day notice on the same terms. Montana's sharpest departure from a simple day-count rule is this: property damage, dangerous conduct, and a repeat violation of substantially the same act within 6 months of an earlier notice do not carry an automatic tenant right to cure at all. The tenant doesn't get a chance to fix the problem as a matter of right; curing is entirely the landlord's option, on a 3-day notice for a first offense or a 5-day notice for a repeat. Montana's Residential Landlord and Tenant Act of 1977, Montana Code Annotated Title 70, Chapter 24, governs the entire pre-filing notice process. There's no single mandatory court form for the notice itself, but the Montana Judicial Branch's self-help center publishes an official model notice letter and instructs landlords not to alter it, and the statute independently requires the notice to state the violation, that the agreement will terminate, and the vacate-by date. Serve the wrong notice type or day count, and the eviction case can be dismissed before it starts.

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Key Things to Know

  1. 1

    A notice to vacate is a written notice a landlord must serve on a tenant to begin ending a tenancy for cause, before filing an action for possession in court.

  2. 2

    Montana's sharpest departure from a simple day-count rule: property damage, conduct that creates a real risk of damage or injury (for example unlawful drug manufacturing or unlawful weapons possession), and a repeat violation of substantially the same act within 6 months of an earlier notice, do not carry an automatic tenant right to cure. Curing is the landlord's option, not the tenant's right, on a 3-day notice for a first offense or a 5-day notice for a repeat. (Mont. Code Ann. Section 70-24-422(1)(e), (3), (4))

  3. 3

    Nonpayment of rent gets a 3-day pay-or-vacate notice. The tenant can stop termination by paying the full amount due within those 3 days. (Mont. Code Ann. Section 70-24-422(2))

  4. 4

    An unauthorized pet or unauthorized occupant gets a 3-day cure-or-vacate notice; most other fixable lease violations get a 14-day cure-or-vacate notice. In both cases the tenant has a statutory right to cure. (Mont. Code Ann. Section 70-24-422(1)(a)-(d))

  5. 5

    The governing law is the Montana Residential Landlord and Tenant Act of 1977, Mont. Code Ann. Title 70, Chapter 24, Sections 70-24-101 through 70-24-442, which sets the notice rules and the court process that follows if the tenant doesn't comply.

  6. 6

    Notice may be served by hand delivery, by mail with a certificate of mailing or certified mail, or by email if the tenant provided an email address in the rental agreement; the statute lists these as equally valid options with no required priority order. Mailed notice is deemed served 3 days after mailing, and the notice period runs from that date, not the mailing date. (Mont. Code Ann. Section 70-24-108)

  7. 7

    There's no single mandatory statutory form for the notice itself, but the Montana Judicial Branch self-help center publishes an official model "Notice to Vacate" letter and instructs landlords not to alter it. Separately, the statute requires the notice to specify the violation, state that the agreement will terminate, and state the vacate-by date. (Mont. Code Ann. Section 70-24-422(1))

Key decisions before you file

Before you file a Eviction Notice in Montana, a few decisions shape the document: which option to choose and what each one means. The Eviction Notice guide walks through them.

Open the Eviction Notice guide

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MONTANA EVICTION NOTICE

[3-DAY NOTICE TO PAY OR VACATE / 3-DAY OR 14-DAY NOTICE TO CURE OR VACATE / 3-DAY NOTICE TO VACATE (NO AUTOMATIC CURE) / 5-DAY NOTICE TO VACATE (REPEAT VIOLATION)]

Date of Notice: [DATE]

1. LANDLORD AND TENANT

Landlord/Property Manager: [LANDLORD'S FULL LEGAL NAME] Landlord's Address: [STREET ADDRESS, CITY, STATE, ZIP] Landlord's Phone: [PHONE NUMBER]

Tenant(s): [FULL LEGAL NAME(S) OF ALL TENANTS ON LEASE]

2. PREMISES

Rental Address: [STREET ADDRESS, UNIT/APT NUMBER, CITY, MONTANA, ZIP CODE]

3. REASON FOR NOTICE

[SELECT ONE:]

  • Nonpayment of rent: Default in the amount of $[AMOUNT DUE] for the period(s) of [DATES]. Pay in full within the notice period to stop termination.
  • Unauthorized pet or occupant (curable): [DESCRIBE]. Remedy by removing the pet or occupant within the notice period.
  • Other curable lease violation: Violation of the following lease term: [DESCRIBE VIOLATION]. Remedy by repair, damages, or the landlord's written approval within the notice period.
  • Property damage or dangerous conduct (no automatic cure right): [Destruction, defacement, damage, impairment, or removal of the premises / conduct creating a reasonable potential for damage or injury, such as unlawful drug activity or unlawful weapons possession]: [DESCRIBE]. Curing is at the landlord's option, not the tenant's right.
  • Repeat violation within 6 months of a prior notice: [DESCRIBE PRIOR NOTICE AND DATE]. Substantially the same act or omission has recurred.

4. CURE OR VACATE PERIOD

You have [3 / 14 / 5] days from service of this notice, calculated under Montana Code Annotated Section 70-24-108, to pay, cure, or vacate as applicable above.

Note (include only if hand-delivered): The notice period begins the day after hand delivery.

Note (include only if mailed): Service is deemed made 3 days after mailing, and the notice period then runs from that date.

5. COMPLY-OR-VACATE-BY DATE

Deadline: [DATE, calculated per Section 4 above]

6. STATUTORY BASIS

Served under Montana Code Annotated Section 70-24-422. Failure to comply by the deadline may result in an action for possession filed in the Montana court for the county where the property is located.

Note (include only if a no-cause termination of a month-to-month or week-to-week tenancy): This notice is served under Montana Code Annotated Section 70-24-441 instead, giving 30 days (month-to-month) or 7 days (week-to-week), with no cause required.

7. SERVICE / PROOF OF SERVICE

Method of service (Montana Code Annotated Section 70-24-108, no required priority order):

  1. Hand delivery to the tenant, OR
  2. Mail with a certificate of mailing or by certified mail to the tenant's designated or last-known address, OR
  3. Electronic mail, if the tenant provided an email address in the rental agreement.

Served by: [NAME OF PERSON SERVING NOTICE] Date served: [DATE] Method used: [HAND DELIVERY / MAIL / EMAIL]

Landlord Signature: _________________________ Date: [DATE]

Issued under Montana Code Annotated Title 70, Chapter 24, the Residential Landlord and Tenant Act of 1977. This is a template; consult the current statute or an attorney to confirm details for your situation, attorney review is available and optional. For the full national Eviction Notice template covering all notice types, see the full Eviction Notice template.

Montana Requirements for Eviction Notice

Notice Period for Nonpayment of Rent (Montana Code Annotated Section 70-24-422(2))

3-day pay-or-vacate notice. If rent is unpaid when due, the tenant has 3 days after written notice of nonpayment and the landlord's intent to terminate to pay the amount owed in full and stop the termination.

Service of Notice Requirements (Montana Code Annotated § 70-24-108)

Notice may be served by hand delivery to the tenant, by mail with a certificate of mailing or certified mail to the tenant's designated or last-known address, or by email if the tenant provided an email address in the rental agreement. The statute treats these as equally valid options with no required priority order. If hand-delivered, the notice period starts the day after delivery. If mailed, service is deemed made 3 days after the date of mailing, and the notice period then runs from that deemed-service date.

Prescribed Notice Content, Official Model Form (Montana Code Annotated Section 70-24-422(1); Montana Judicial Branch self-help center)

There is no single mandatory court form for the pre-filing notice to vacate by statute, but the Montana Judicial Branch self-help center publishes an official model "Notice to Vacate" letter and instructs landlords not to alter it. Separately, the statute independently requires the notice to specify the acts and omissions constituting the noncompliance, state that the rental agreement will terminate, and state the date by which the tenant must vacate.

Notice Period for Curable Lease Violations (Montana Code Annotated Section 70-24-422(1)(a)-(d))

3-day cure-or-vacate notice for an unauthorized pet or unauthorized occupant; 14-day cure-or-vacate notice for other remediable lease violations not otherwise listed in the statute. The tenant has a statutory right to cure by repair, payment of damages, or the landlord's written approval before the date specified in the notice.

Notice Period for Property Damage and Dangerous Conduct, No Automatic Cure Right (Montana Code Annotated Section 70-24-422(1)(e), (3), (4))

3-day notice for destroying, defacing, damaging, impairing, or removing part of the premises, or for conduct creating a reasonable potential that the premises may be damaged or that neighboring tenants may be injured (for example unlawful drug manufacturing or unlawful weapons possession). A repeat violation of substantially the same act within 6 months of a prior notice gets a 5-day notice. None of these three grounds carries the automatic tenant right to cure that applies to the pay-or-vacate and cure-or-vacate categories; curing is at the landlord's option only.

Governing Residential Landlord and Tenant Act (Montana Code Annotated Title 70, Chapter 24, Sections 70-24-101 to 70-24-442)

The statutory basis for every notice type on this page and the court process that follows if the tenant does not comply: the Montana Residential Landlord and Tenant Act of 1977, Montana Code Annotated Title 70, Chapter 24, Sections 70-24-101 through 70-24-442.

No-Cause Termination Notice Period (Montana Code Annotated Section 70-24-441)

Distinct from the for-cause notices above: ending a periodic tenancy without cause requires 30 days' written notice for a month-to-month tenancy, or 7 days' written notice for a week-to-week tenancy. The landlord is not bound by the Section 70-24-422 for-cause notice periods if electing to use this no-cause 30-day notice instead.

Frequently Asked Questions

It depends on the reason. Nonpayment of rent gets a 3-day pay-or-vacate notice, an unauthorized pet or occupant gets a 3-day cure-or-vacate notice, and most other fixable lease violations get a 14-day cure-or-vacate notice. Property damage or dangerous conduct gets a 3-day notice, and a repeat violation within 6 months of an earlier notice gets a 5-day notice.

No. Montana law requires a written notice before filing an action for possession for any of the causes listed in Mont. Code Ann. Section 70-24-422, including nonpayment of rent and lease violations. Skipping the notice, or serving the wrong day count, can get the eviction case dismissed.

Nonpayment of rent and most lease violations, including an unauthorized pet or occupant, give the tenant a statutory right to cure: pay the amount due, remedy the violation, or get the landlord's written approval before the deadline stops the termination. Property damage, conduct that creates a real risk of damage or injury, and a repeat violation of substantially the same act within 6 months of an earlier notice do not carry that automatic right; curing is the landlord's option, not the tenant's, in those three categories. (Mont. Code Ann. Section 70-24-422)

By statute, the notice must specify the acts or omissions that constitute the violation, state that the rental agreement will terminate, and state the date by which the tenant must pay, cure, or vacate. (Mont. Code Ann. Section 70-24-422(1)) The template on this page also includes the landlord's and tenant's names, the rental address, the date of the notice, and the method of service, standard identifying details that make the notice easy to date, serve, and file if the case moves forward.

No single form is mandatory by statute. The Montana Judicial Branch self-help center publishes an official model "Notice to Vacate" letter and instructs landlords not to alter it, but a landlord can also write their own notice as long as it meets the statutory content requirements: the violation, the termination statement, and the vacate-by date. Using the statutory language for the applicable notice type and citing the correct MCA section is the safest approach either way.

Count the notice period, 3, 5, or 14 days depending on the reason, from the date of service, not the date printed on the notice. If hand-delivered, the notice period begins the day after delivery. If mailed with a certificate of mailing or certified mail, service is deemed made 3 days after the mailing date, and the notice period then runs from that later date. (Mont. Code Ann. Section 70-24-108)

If the deadline passes and the tenant hasn't paid, cured, or vacated as required, the notice has done its job under the statute; the landlord's next step is to file an action for possession in the Montana court for the county where the property is located. (Mont. Code Ann. Section 70-24-422)

The landlord or property manager signs and dates the notice on the date it's prepared. That preparation date isn't necessarily when the notice period starts: if hand-delivered, the notice period begins the day after delivery, and if mailed, service is deemed made 3 days after mailing, with the notice period running from that later date. Record the actual date and method of service separately from the date on the notice itself. (Mont. Code Ann. Section 70-24-108)