🏛️ Courthouse Information and Locations for Montana
Montana Eviction Laws: Notice Requirements, Process, and Timelines
Montana handles evictions through District Court or Justice Court depending on the amount in dispute. Montana requires landlords to provide a 3-day notice for nonpayment of rent, and lease violations typically require a 14-day notice with an opportunity to cure. Montana is generally landlord-friendly with straightforward procedures, though the state’s rural nature can affect court scheduling in some areas. Below you’ll find the key details every Montana landlord needs to know.
Montana Eviction Laws
Comprehensive guide to Montana's eviction process, including notice requirements, timelines, court procedures, costs, tenant protections, and landlord rights. Cases are typically filed in Justice Court or District Court (MCA § 70-27-101).
⚡ Quick Overview
💰 Nonpayment of Rent
CRITICAL: Triple damages. If landlord wins eviction tenant may owe up to 3x rent/damages (§ 70-27-205(2), 70-27-206). For nonpayment: 5-day redemption period after judgment - tenant can pay all rent + interest within 5 days to stop eviction (§ 70-27-205(3)). For all other evictions: judgment enforceable immediately (no redemption). Tenant must file written answer within 5 days of service (excluding Sat/Sun/holidays). If no answer = default judgment. If tenant requests continuance must pay damages/back rent into court. Holdover after 30-day notice (without cause) = 'purposeful' and court may order 3x holdover damages (§ 70-24-429).
📋 Lease Violation
14-day notice for most lease violations (must specify breach and allow cure). 3-day notice for: unauthorized pets; unauthorized residents; verbal abuse of landlord (§ 70-24-422(1)(b)(c)(f)). Unconditional quit (no cure): destroying/defacing/damaging premises (§ 70-24-422(3)); drug manufacturing; gang activity; unlawful firearms; threats to other tenants (§ 70-24-422(4)). Expedited 5-business-day hearing for § 70-24-321(3) violations. Triple damages possible for holdover. Month-to-month: 30-day no-cause notice.
📬 Service of Process
Can also serve by certified mail or email with read receipt. Sheriff or any person 18+ not a party can serve. Answer due 5 days after service (exclude weekends/holidays).
🏛️ Court & Legal Information
5-day answer period; 14-day hearing window; 5-day redemption period for nonpayment; continuances (require paying rent into court)
⚖️ Appeals & Post-Judgment
Sheriff executes writ; no additional tenant notice required by statute; removal may happen quickly
📦 Tenant Property & Abandonment
Landlord must make reasonable efforts to notify tenant in writing; 10 days to claim; then 7 more days to remove. Landlord can charge storage costs and withhold property until paid. If unclaimed after periods landlord may dispose (§ 70-24-430).
🏦 Security Deposits
30-day return; 10 days if withholding for damages with itemized statement. Must give 24-hour written notice before cleaning inspection so tenant can do own cleaning - cannot deduct cleaning unless notice given (§ 70-25-201(3)). Wrongful withholding = amount wrongfully withheld as damages. No interest requirement.
💵 Late Fees
No state limit. Must be in lease. No mandatory grace period. Late fees should be reasonable.
🛡️ Tenant Protections
No rent control. No state preemption. 30-day notice for rent increase on month-to-month.
🏙️ Local Overrides & City-Specific Rules
Limited local variations. Missoula has additional housing inspection programs. Bozeman has tenant notification requirements. Montana Residential Landlord and Tenant Act (1977) applies statewide.
Underground Landlord📝 Montana Eviction Process (Overview)
- Serve the required notice based on the eviction reason (nonpayment or lease violation).
- Wait for the notice period to expire. If tenant cures the issue (where allowed), the process stops.
- File an eviction case with the Justice Court or District Court (MCA § 70-27-101). Pay the filing fee (~$$50-90).
- Tenant is served with a summons and has the opportunity to respond.
- Attend the court hearing and present your case.
- If you prevail, obtain a writ of possession from the court.
- Law enforcement executes the writ and removes the tenant if necessary.
🏛️ Courthouse Information and Locations for Montana
📊 Data Confidence
ℹ️ Filing fees are approximate and may change - verify with local court clerk before filing | ℹ️ Eviction timelines are estimates - actual duration varies by county caseload, tenant response, and case complexity
Underground Landlord
Montana Evictions: Complete Landlord Guide (Updated January 2026)
Disclaimer: General educational information only, not legal advice. Court practices may vary by county. Consult a qualified Montana attorney for legal advice on your specific situation.
Overview: How Evictions Work in Montana
Montana evictions are governed by the Montana Residential Landlord and Tenant Act of 1977 (MCA Title 70, Chapters 24-27). Cases are filed as “Actions for Possession” (also called “Unlawful Detainer”) in either Justice Court or District Court depending on the amount in dispute and location. Montana uses short notice periods but requires strict compliance with procedures.
Montana strictly prohibits self-help evictions. Landlords cannot forcibly remove tenants by changing locks, shutting off utilities, or removing belongings without a court order. If found liable for illegal eviction, landlords can be required to pay the tenant up to three months’ rent or triple actual damages, whichever is greater.
Montana Notice Requirements
Montana requires written notices that clearly state the reason for eviction and specify the required action or deadline to vacate. If notice is sent by mail, landlords must add three days to the notice period to account for delivery time.
Nonpayment of Rent: 3-Day Notice
For unpaid rent, landlords must serve a 3-day notice to pay or vacate. The notice must state the amount owed and give the tenant 3 days to pay in full or move out. If the tenant pays within the notice period, the eviction stops.
Lease Violations: 14-Day Notice
For violations of lease terms (unauthorized occupants, pets, property damage, etc.), landlords must serve a 14-day notice to comply or vacate. This gives the tenant 14 days to fix the violation or move out.
Repeat Violations: 5-Day Notice
If a tenant commits the same or similar violation within 6 months of receiving a previous notice, landlords may serve a 5-day unconditional notice to vacate. The tenant has no opportunity to cure—they must simply leave.
Illegal Activity/Safety Threats: 3-Day Unconditional Notice
For certain crimes or conduct that makes the rental unsafe for other tenants or neighbors, landlords may serve a 3-day unconditional notice to vacate. There is no opportunity to cure.
Month-to-Month Termination: 30-Day Notice
To end a month-to-month tenancy without cause, landlords must provide 30 days’ written notice. The landlord does not need to state a reason for the termination.
Week-to-Week Termination: 7-Day Notice
For weekly tenancies, a 7-day notice is required.
How to Serve Notice in Montana
Montana law (MCA § 70-27-110) provides flexibility for serving notices. Valid methods include:
- Personal delivery directly to the tenant
- Leaving with a responsible person at the property AND mailing a copy
- Posting conspicuously on the property AND mailing a copy
- Electronic notice (email) if the tenant provided an email address in the rental agreement
The landlord, sheriff, licensed process server, or any adult (18+) not involved in the case may serve notices.
Montana Eviction Process Timeline (Step by Step)
Step 1 – Serve the proper notice. Deliver the correct notice based on the reason for eviction. Keep documentation of how and when it was served.
Step 2 – File the eviction lawsuit. If the tenant doesn’t comply, file a Complaint for Possession (Action for Possession) in:
- Justice Court: For smaller claims (varies by county)
- District Court: For larger claims or as preferred
Filing fees: District Court is $90 (MCA § 25-1-201); Justice Court varies by county. The complaint must include:
- Complete description of the rental property
- Grounds for eviction
- Breakdown of unpaid rent (if applicable)
- Any circumstances of fraud, force, or violence
The Montana Courts website provides an “Action for Possession Packet” with required forms.
Step 3 – Court issues summons. After filing, the court issues a summons containing the hearing date and information about what happens if the tenant doesn’t respond.
Step 4 – Serve the summons and complaint. The documents must be served on the tenant. Montana requires proper service—the landlord cannot serve their own papers.
Step 5 – Tenant files Answer. The tenant has 10 days from service to file a written Answer if they want to contest the eviction. If no Answer is filed, the court may issue a default judgment for the landlord.
Step 6 – Court hearing. Hearing timing depends on the case type:
- Illegal activity evictions: Hearing within 5 days of the Answer deadline
- All other evictions: Hearing within 14 days of the Answer deadline
- Justice Court: Hearing within 10 days of the Answer due date
Both parties present evidence. The landlord should bring: lease, notices with proof of service, rent ledger, photos, and documentation of violations.
Step 7 – Judgment. The judicial officer must make a final ruling within 5 days of the hearing. If the landlord wins, the court issues a judgment for possession.
Step 8 – Appeal (if applicable). The tenant may appeal. Appeal hearings must be held within:
- 5 days for illegal activity evictions
- 14 days for all other evictions
If the tenant appeals, they may need to pay damages and back rent to the court to stay during the appeal.
Step 9 – Writ of Possession. If the landlord wins and no appeal is filed, the court issues a Writ of Possession immediately. The sheriff must execute the writ within 5 business days.
Tenant Defenses Landlords Should Anticipate
- Improper notice: Wrong notice type, insufficient days, missing required information, or defective service.
- Procedural errors: Landlord failed to follow proper legal process.
- Retaliation: Eviction in response to tenant exercising legal rights (complaining about unsafe conditions, etc.).
- Payment disputes: Tenant claims rent was paid or amounts are incorrect.
- Habitability issues: Landlord failed to maintain safe housing conditions.
Montana Eviction Context (Late 2025–January 2026)
Montana’s eviction process typically takes 3-8 weeks from notice to possession, depending on whether the case is contested and court schedules. The state’s rural nature means court availability can vary significantly by county.
Montana does NOT provide extra tenant protections during winter months—landlords can proceed with eviction at any time of year if statutory requirements are met.
Average eviction costs: approximately $315 for Justice Court cases, $385 for District Court cases (including filing, service, and writ fees).
The Montana Courts website provides free forms for both landlords and tenants. Montana Legal Services Association offers free legal assistance to eligible tenants.
Best Practices for Montana Landlords
- Use statutory notice language—don’t improvise.
- Add 3 days to notice periods when serving by mail.
- Document all service of notices carefully.
- Keep complete records: lease, rent ledger, notices, proof of service, photos, communications.
- Use the official Montana Courts “Action for Possession Packet” forms.
- Don’t accept rent after serving a termination notice unless you intend to cancel the eviction.
- Never attempt self-help eviction—penalties can be up to 3x damages.
- Bring organized evidence to court hearings.
Quick Reference: Montana Eviction Rules
- Nonpayment of rent: 3-day notice to pay or vacate
- Lease violations: 14-day notice to comply or vacate
- Repeat violations (within 6 months): 5-day unconditional notice
- Illegal activity/safety threats: 3-day unconditional notice
- Month-to-month termination: 30-day notice
- Week-to-week termination: 7-day notice
- Tenant Answer deadline: 10 days from service
- Hearing timing: 5-14 days depending on case type
- Judgment deadline: Within 5 days of hearing
- Writ execution: Within 5 business days
- Illegal eviction penalty: Up to 3x monthly rent or triple damages
- Filing fees: $90 (District Court); varies (Justice Court)
Bottom line: Montana’s eviction process uses short notice periods but requires strict compliance with procedures. Use proper statutory notices, document everything carefully, and never attempt self-help eviction—the penalties are severe.