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Making a Montana Eviction Notice
If you are a landlord or property manager in the state of Montana, you can create an Eviction Notice to communicate to tenants about the legal action that will be taken if they will not pay their past-due rent, adhere to the agreed-upon terms of their rental contract, or move out. As a result of this essential notice, you can enforce your terms, while still giving the tenant(s) a chance to remedy the issue before a certain deadline. With that in mind, in some situations, there isn't any solution, and filing a complaint with the court is unavoidable. Appropriate for any residential property type, this Eviction Notice for Montana can be used by landlords with tenants in Great Falls, Missoula, Billings, and in all of the other municipalities throughout the Treasure State.
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.
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:
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.
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:
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.
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.
Montana Eviction Notice Laws: Mont. Code Ann. § 70-24-422(2)
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.
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 On Call 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.
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:
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.
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.
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:
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.