The eviction process in Montana can take anywhere from a few weeks to over a month, depending on court schedules and tenant response. Landlords must follow specific notice rules, such as the 3-day or 14-day notice, to avoid delays or case dismissal. With guidance from LeaseRunner, you can handle evictions more confidently and ensure your process follows Montana landlord-tenant law.
Overview of Montana Residential Landlord and Tenant Act (Title 70, Chapter 24 MCA)
The Act is a comprehensive set of rules governing residential rental agreements in Montana. It establishes clear standards for creating, managing, and ending leases. By setting guidelines for habitability, rent payments, and dispute resolution, the law protects both landlords and renters while reducing the chances of conflict. For a deeper look at rental regulations, see Montana landlord-tenant laws.
Key areas the act covers
The statute addresses nearly every aspect of the landlord-tenant relationship, including:
- Lease agreements: Requirements for written or oral rental contracts, including enforceable terms and conditions. You can review standard lease agreement templates for compliance.
- Landlord responsibilities: Duties to maintain habitable housing and provide essential services such as heat, water, and timely repairs.
- Tenant responsibilities: Obligations to pay rent on time, maintain the property, and comply with lease terms.
- Security deposits: Rules for collection, holding, allowable deductions, and timelines for returning deposits. Learn more about Montana’s security deposit law.
- Rent and fees: Standards for rent collection, late fees, and related charges.
- Termination and eviction: Legal procedures for ending a tenancy, including notice periods and the lawful eviction process in Montana.
- Rights and remedies: Protection against retaliatory actions, illegal lockouts, and unfair rent practices.
- Special provisions: Guidance on handling abandoned property and protections for tenants affected by domestic violence.
Why it matters for Landlords and Tenants
Understanding the Montana Residential Landlord and Tenant Act benefits both sides:
- Clarifies rights and obligations, reducing misunderstandings.
- Prevents disputes over repairs, deposits, or lease terminations.
- Protects against unfair practices, including improper evictions or unlawful rent hikes.
- Ensures compliance with state law, helping landlords avoid penalties and tenants maintain their housing rights.
- Provides a framework for resolution, whether through negotiation or court involvement, when conflicts arise.
By following the Act, landlords and tenants in Montana can maintain a fair, lawful, and respectful rental relationship—minimizing disputes and ensuring housing stability.
Legal Grounds for Eviction in Montana
Understanding the eviction process in Montana starts with knowing the legal reasons a landlord may remove a tenant. Montana law clearly defines the circumstances under which an eviction is allowed, protecting both landlords and tenants. Below are the most common grounds for eviction.
Nonpayment of rent
The leading cause of eviction in Montana is failure to pay rent. If the tenant fails to pay rent by the due date, the landlord can serve a 3-Day Notice to Pay or Vacate. For example, if rent is due on the 25th and unpaid on the 26th, the landlord may serve a 3-Day Notice to Pay.
- If the tenant pays all overdue rent within the notice period, the eviction stops.
- If payment is not made, the landlord can move forward with filing for eviction.
Some leases include a grace period, but this only applies if it is clearly stated in the rental agreement.
Lease violations
A tenant may also be evicted for breaking the terms of the lease agreement. Common violations include:
- Housing unauthorized pets or occupants
- Causing damage to the rental property
- Other breaches of the rental contract
Depending on the violation, landlords may issue a 3-Day Notice to Comply (for more urgent issues like property damage) or a 14-Day Notice to Comply (for other breaches). If the tenant corrects the issue within the notice period, they can remain in the unit. If not, the landlord may proceed with the eviction.
Health and safety violations
Montana law also allows eviction when a tenant creates conditions that threaten health or safety, such as:
- Failing to remove garbage leads to pest infestations
- Damaging plumbing or electrical systems
- Violating housing or safety codes
In such cases, the landlord must provide a 14-Day Notice to Comply. If the tenant does not correct the violation, eviction can continue.
Illegal activity
Engaging in illegal activity on the rental property is a serious lease violation. Under Montana eviction law, landlords may issue a 3-Day Notice to Vacate if tenants are involved in drug use, weapons possession, or other criminal activity.
- Drug manufacturing, distribution, or use
- Possession of illegal firearms or explosives
- Gang-related activity or other criminal conduct
- Illegal occupancy or squatting – Squatter rights in Montana can sometimes intersect with eviction cases involving unlawful possession. In these situations, landlords may issue a shorter or even unconditional quit notice, requiring the occupant to vacate within just a few days.
Non-renewal of lease
Montana does not allow “no-cause” evictions during an active lease term. However, once the rental period ends, a landlord is not obligated to renew. If the tenant overstays without a new lease, the landlord may serve:
- A 7-day notice to vacate for weekly tenants
- A 30-day notice to vacate for month-to-month tenants
If the tenant does not move out by the end of the notice period, the landlord can pursue formal eviction through the courts.
Serving an Eviction Notice in Montana
When starting the eviction process in Montana, landlords must carefully follow state law to avoid delays or dismissal. Below is an overview of who can serve notices, acceptable delivery methods, and the specific notice types required.
Who can serve an eviction notice?
Montana law gives landlords flexibility. They can personally serve the eviction notice, or they may choose to use a sheriff, licensed process server, or even any adult over 18 years old who is not part of the case. Since the law doesn’t require a professional, landlords can select the option that’s most convenient and cost-effective.
Types of eviction notices in Montana
In Montana, the type of notice depends on the reason for eviction, each with its own timeline:
- 3-day notice to pay or quit – In Montana, tenants have three days to pay all overdue rent or move out for unpaid rent
- 3-day notice to comply or vacate – Tenants have three days to remove unauthorized pets or occupants or move out.
- 14-day notice to comply or vacate – For other lease violations not covered by shorter notices.
- 5-day notice to vacate – For repeat lease violations within six months, tenants have no chance to cure and must leave within five days.
- 3-day unconditional quit notice – For serious cases like illegal activity or property damage
- 30-day notice to vacate – To end a month-to-month tenancy.
Accepted methods of service
To ensure tenants receive proper notice, Montana law allows several delivery methods:
- Hand delivery – Giving the notice directly to the tenant in person.
- Certified or first-class mail – Sending the notice to the tenant’s last known address. Service is legally complete three days after mailing.
- Electronic delivery – Emailing the notice if the tenant’s address is listed in the lease. Service is valid once the tenant replies (other than an auto-response) or sends a read receipt.
Timing of service
Notices can be served any day of the week. For rent-related cases, landlords may serve a 3-Day Notice to Pay or Quit the day after rent is due since Montana law does not provide a grace period. Correct timing is crucial to avoid legal challenges and keep the eviction process in Montana moving forward.
Step-by-Step Montana Eviction Procedure
Evicting a tenant in Montana requires landlords to follow strict legal procedures under state law. Below is a simplified breakdown of the eviction process in Montana, from the first notice to the final court-ordered removal.
Step 1 - Serving a legally required eviction notice
Before filing in court, a landlord must deliver a written eviction notice giving the tenant a set number of days to either fix the violation or move out. The notice must clearly state the reason for eviction and specify the required action or the deadline to vacate.
Under Montana law (MCA § 70-27-110), notices must be served personally, left with a responsible person and mailed, or posted conspicuously on the property and mailed.
Step 2 - Filing an eviction lawsuit in court
If the tenant does not comply within the notice period, the landlord can file an “unlawful detainer” Complaint in the county’s District Court or Justice’s Court (MCA § 70-27-101(2)). The complaint must include:
- The reason for eviction
- Rental property address
- Any unpaid rent or damages claimed
- Details of unlawful conduct, if applicable
Landlords also pay a filing fee, typically $90 in Montana District Courts (MCA § 25-1-201(1)(a)).
Step 3 - The Court issues and serves a summons
Once the lawsuit is filed, the court begins the legal procedures by issuing a summons notifying the tenant of the case, the hearing date, and their right to respond. Tenants have 10 days to file an answer (MCA § 70-27-113). If they fail to appear, the court may grant default judgment to the landlord.
Step 4 - Tenant’s written answer
The tenant can contest the eviction by filing a written answer explaining defenses (for example, improper notice or landlord retaliation). If no answer is filed, eviction proceeds by default (MCA § 70-27-117).
Step 5 - Court hearing and judgment
At the hearing, both landlord and tenant present evidence such as the lease agreement, notices, and records of unpaid rent or damages. If the court rules for the landlord, judgment is entered for possession of the property. In some cases, tenants may also owe triple damages for unpaid rent or property destruction (MCA § 70-27-205).
Step 6 - Writ of restitution or execution
If the landlord wins, the court issues a writ authorizing the sheriff to enforce the eviction. For nonpayment of rent, tenants have five days to pay all overdue rent plus interest to avoid removal. For other cases, enforcement can be immediate (MCA § 70-27-205(3)).
Step 7 - Tenant removal by Sheriff
Finally, if the tenant does not leave voluntarily, the sheriff can physically remove them from the rental property. Montana law does not require additional notice after the writ is issued, so removal may happen quickly.
Eviction Timeline & Costs in Montana
The eviction process in Montana typically moves through seven legal steps and usually takes 1–2 months, depending on notice type, court schedule, and tenant response.. Below is a combined chart that shows the estimated timeframe and costs at each stage.
Required Documents for the Montana Eviction Process
Landlords in Montana must file and serve specific court papers before removing a tenant. These documents ensure the eviction process in Montana follows state law and that both parties receive proper notice.
Complaint for forcible entry and detainer
If the tenant ignores a Notice to Quit, the landlord files a Complaint for Forcible Entry and Detainer in District Court. This complaint lists the landlord as plaintiff, the tenant as defendant, the rental address, and reasons for eviction such as unpaid rent or lease violations.
Summons
A Summons is issued with the complaint and tells the tenant when and where to appear for the eviction hearing. Each tenant must receive an individual summons with their name and address. The court clerk assigns the case number and sets the hearing date.
Service of documents
Montana law requires a sheriff or process server to deliver the complaint and summons. Once delivered, the officer files a Return of Service, confirming when and how the tenant was notified. This proof must be submitted before the hearing.
Judgment for possession and writ of assistance
If the landlord wins, the court issues a Judgment for Possession, giving back legal rights to the property. If the tenant stays past the deadline, the landlord may request a Writ of Assistance, allowing law enforcement to remove the tenant.
5 Tips to Avoid Common Eviction Mistakes
The eviction process in Montana requires strict compliance with state law. A single mistake can delay or dismiss your case. Here are five quick tips to protect your rights.
Ensure proper notice compliance
Use the correct notice for the violation. For unpaid rent, Montana law requires a 3-Day Notice to Pay or Quit; for some lease breaches, a 14-Day Notice to Cure or Vacate. Always include the tenant’s name, property address, violation, and timeframe. An incorrect notice can make the eviction invalid.
Serve notices the right way
Notices must be delivered properly. In Montana, landlords can use personal delivery, certified mail, or email with a read receipt. Keep proof of service, such as a declaration or postal receipt. If notices are served incorrectly, the case may be dismissed.
Avoid retaliation or discrimination
Evictions must be based on legal reasons, not retaliation or discrimination. Under Mont. Code § 70-24-431, you cannot evict a tenant for reporting repairs or code violations. Federal fair housing laws also apply. Document violations carefully to show the eviction is legitimate.
File accurate court documents
Court filings must be complete and correct. Landlords need to submit a Complaint for Possession and a Summons with accurate details. Mistakes in names, addresses, or grounds for eviction can force you to restart the process. File in the right District Court and keep proof of service.
Follow court timelines and procedures
Montana courts move quickly. If you miss deadlines or hearings, your case may be dismissed. After a judgment, wait for the Writ of Possession before changing locks or removing tenants. Acting early can be seen as an illegal lockout.
Conclusion
Knowing the eviction process in Montana helps landlords protect their rights and avoid legal mistakes. Beyond state law, it’s important to check local regulations as well. In many cases, hiring an eviction attorney can streamline the process and reduce risks.
FAQs
Q1. How long does the eviction process in Montana take?
On average, the eviction process in Montana takes about three to six weeks. The timeline depends on court availability and whether the tenant challenges the case.
Q2. What notices are required in the eviction process in Montana?
Landlords must serve a written eviction notice before filing in court. A 3-day notice is used for unpaid rent, while a 14-day notice typically applies to other lease violations.
Q3. Do landlords need a lawyer for the eviction process in Montana?
Hiring a lawyer isn’t mandatory, but legal help can reduce mistakes, ensure compliance with Montana law, and often speed up the eviction process.
