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Montana Eviction Notice
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Montana at a glance: 3-Day Pay or Quit: Required for nonpayment of rent · Court Process: Unlawful detainer action · Month-to-Month Notice: 30 days to terminate
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Overview
Eviction Notices in Montana
Montana's eviction process is governed by the Montana Residential Landlord and Tenant Act. For nonpayment of rent, landlords must serve a 3-day notice before filing for eviction.
Montana courts require compliance with statutory notice and filing procedures. Self-help evictions are prohibited, and a landlord must obtain a court judgment before removing a tenant.
Key Facts
Montana Eviction Notice — Quick Reference
| Requirement | Montana Rule |
|---|---|
| 3-Day Pay or Quit | Required for nonpayment of rent |
| Court Process | Unlawful detainer action |
| Month-to-Month Notice | 30 days to terminate |
| Governing Law | Mont. Code § 70-24-422 |
| Notice Delivery | Personal service or posting + mailing |
Legal Requirements
Montana Legal Requirements
- 3-day written notice required before filing for nonpayment of rent.
- Notice must state the amount owed and the deadline to pay.
- Notice must be delivered personally or posted and mailed if personal service fails.
- Self-help evictions are prohibited without a court order.
Governing Laws
Montana Governing Laws
Mont. Code § 70-24-422
Noncompliance by Tenant
Requires a 3-day written notice before a landlord may pursue eviction for nonpayment of rent in Montana.
Mont. Code § 70-24-431
Prohibited Practices
Prohibits self-help evictions, including lockouts and utility shutoffs, without a court order.
Read the full text of these laws at Cornell Law School's Montana legal resources or your state legislature's official website.
Questions & Answers
Montana Eviction Notice — Frequently Asked Questions
How many days notice is required for nonpayment of rent in Montana?
Montana requires a 3-day written notice before a landlord may file for eviction due to nonpayment of rent.
What is Montana's eviction process called?
Montana calls its eviction process an unlawful detainer action, filed in justice or district court.
Can a Montana landlord remove a tenant's belongings without a court order?
No. Self-help evictions are illegal in Montana. A landlord must obtain a court judgment before removing a tenant.