What is a Montana Eviction Notice or Notice to Quit?
When to use a Montana Eviction Notice:
- Your tenant has failed to pay the rent.
- Your tenant has violated the lease or rental agreement.
- You wish to end a periodic tenancy (such as month-to-month).
- The lease has expired and the tenant has remained on the property.Please Note:
- You may never forcibly evict a tenant without going through the formal tenant eviction process.
NOTICE TO VACATE
TO TENANT(S) AND ALL OTHERS IN POSSESSION OF THE PREMISES LOCATED AT:
, , Montana
PLEASE TAKE NOTICE that the tenancy
THIS IS INTENDED AS A THREE (3) DAY NOTICE FOR FAILURE TO PAY RENT. THIS NOTICE IS IN ACCORDANCE WITH § 70-24-422, MONTANA CODE ANNOTATED.
NOTE: If I mailed this letter to you, you may add 3 days to the date of mailing before you start counting the days in the notice period given above. For example, if I mailed a letter giving you a 3-day notice on April 2, you would not have to move out until April 8 (April 2 + 3 days mailing = April 5 + 3 days notice = April 8). If I hand-delivered this letter to you, start counting the days in the notice period on the day after you received the letter. For example, if I hand-delivered a letter giving you a 3-day notice on April 2, you would not have to move out until April 5.
LANDLORD RESERVES ALL THE RIGHTS AND REMEDIES PROVIDED UNDER THE RENTAL AGREEMENT AND UNDER APPLICABLE LAWS OF THE STATE OF MONTANA INCLUDING BUT NOT LIMITED TO DAMAGES FOR UNPAID RENT, REASONABLE ATTORNEY FEES, COSTS AND NECESSARY DISBURSEMENTS, AND/OR DAMAGES TO PROPERTY. NOTHING IN THIS NOTICE MAY BE CONSTRUED AS A WAIVER OF SUCH RIGHTS AND REMEDIES.
Montana Eviction Notice FAQs
Am I legally allowed to evict my tenant(s) for past-due rent in Montana?
In general, the answer is yes, and you can draft a Montana Eviction Notice (more specifically known as a 3-Day Notice to Quit) to initiate the process. However, as a result of COVID-19, several limitations have been established. While the federal eviction moratorium was blocked by the U.S. Supreme Court, the state and municipal governments in Montana can create and enforce their own rules for residential evictions. Check out the consult a lawyer , if you remain unsure.
When should a landlord create an Eviction Notice in Montana?
If you would like to legally evict tenants from a rental property, you are required to always deliver them a Notice of Eviction. Here are a few common reasons why you might need to use one:
- The tenant is behind on their rent payments or they are continuously late to pay
- The tenant sublets the property in breach of the rental terms
- The tenant has caused substantial damage to the property
- The tenant disturbs the quiet enjoyment of other renters
- The tenant is using their unit illicitly
- The tenant violates the no-pets clause in your lease
In addition to violations, a tenant generally can be evicted by a landlord for reasons unrelated to their conduct, such as when the property owner intends to move back in. Please note that the list shown above is not exhaustive and that the lawfully accepted reasons for evicting tenants can change by city or municipality. If you have any questions about Montana eviction laws, you can talk to a lawyer.
How is a Montana Notice to Vacate usually structured?
You can click on the "Make document" button to check out our Montana Eviction Notice sample and see what information you'll need to personalize your eviction letter. Specifics that you generally will need to add to your document are:
- The address and description of the property
- The lessee's contact information
- Which terms in the lease have not been met
- How much of the rent is currently past due (when relevant)
- How long the notice period will last
If the tenant is not at fault for the eviction, you may wish to provide more details since the notice might be unexpected. Additional custom edits are allowed, if necessary. It is very important to verify that all of the policies and terms that you refer to in the Eviction Notice are actually spelled out in the fully signed lease contract.
How do Montana eviction laws impact me as a landlord?
The law is continually evolving and the eviction process and guidelines can be somewhat complicated for a first-timer. In some instances, there may be different notice periods or other requirements based on what the reason is for the tenant's eviction and the length of their occupancy. With that in mind, it is highly recommended that you speak with an eviction lawyer before serving a Notice of Eviction.
How do I draft a Montana Eviction Notice template online for free?
Fortunately, you won't have to start from scratch when drafting your document. When using Rocket Lawyer, any landlord is able to produce a free Montana Eviction Notice online very easily. Your document is assembled section by section so you can be sure that it contains the proper details that you'll need. This route is often going to be notably less time-consuming than working with your average attorney.
What would I typically pay to evict a tenant in Montana?
The cost of working with an attorney to generate a Notice of Eviction can add up to anywhere from hundreds of dollars to thousands, depending on the location. Different from most other eviction form websites that you might find, Rocket Lawyer offers members up to a 40% discount when hiring a lawyer, so an attorney from our Rocket Lawyer attorney network can take action on your behalf if you decide to proceed with a lawsuit. If you wish to know the complete cost of eviction, you will need to consider the court fees associated with filing the lawsuit, legal fees, the value of unrecovered rent payments, storage and cleaning fees, and ultimately, the time and money you will spend finding new tenants.
How long does the Montana eviction process normally take end to end?
The duration of the eviction process for Montana will usually depend on the notice requirements, along with the overall volume of proceedings that are happening at the same time. Here's a basic summary of Montana notice periods:
- Non-payment of rent: 3-day notice
- Non-compliance with terms: Depends on the violation (typically 14-day notice)
- No fault of the tenant: 30-day notice
When the notice period is over, an eviction may still take anywhere from 3 to 8 weeks. It is important to note that with particular types of housing, for instance where the rent is subsidized by the government, the mandated notice period may be longer.
Do I need to hire an attorney when evicting someone in Montana?
While you may prefer to make a Notice of Eviction without assistance, most rental property owners who file eviction lawsuits have legal representation. Getting a lawyer to comment on your MT Eviction Notice may take longer than you expect on your own. Another approach would be through Rocket Lawyer attorney services. Rocket Lawyer Premium members can request a document review from an experienced attorney or pose additional legal questions. As a property owner or manager, you can Work Confidently® with Rocket Lawyer by your side.
Is anything else required after drafting a Notice of Eviction/Notice to Quit in Montana?
After creating your Montana Eviction Notice with Rocket Lawyer, you will be able to review it on any device, anytime. You also can interact with your document by making edits, making copies of it, downloading it, or printing it out. You will need to sign the notice before it is served on the tenant(s). There are different methods for serving a notice:
- Send via certified mail with a return receipt
- Deliver the notice in person
- Work with a process server
Please remember that "self-help" or "do-it-yourself" evictions are illegal in Montana or any other state. Landlords shouldn't shut off utilities, padlock the doorways, remove belongings, or in any way threaten tenants in an effort to make them move. Acting lawfully before and throughout the eviction process is critical to removing tenants successfully under an official court order.