Montana Statewide Rule
Montana Eviction Notice Requirements
Key Facts
- Nonpayment of rent
- 3-day written notice to pay
- General lease violation
- 14-day cure period
- Unauthorized pet or occupant
- 3-day notice
- Self-help eviction
- Prohibited: court process required
- Governing statute
- Mont. Code Ann. § 70-24-422
Summary
Under Mont. Code Ann. § 70-24-422, a Montana landlord may terminate for unpaid rent if the tenant fails to pay within 3 days after written notice. Most lease violations carry a 14-day cure period, but unauthorized pets or unauthorized occupants carry only a 3-day notice.
70-24-422 . Noncompliance of tenant generally -- landlord's right of termination -- damages -- injunction. (1) Except as provided in this chapter, if there is a noncompliance by the tenant with the rental agreement or a noncompliance with 70-24-321 , the landlord may deliver a written notice to the tenant pursuant to 70-24-108 specifying the acts and omissions constituting the noncompliance, that the rental agreement will terminate, and that the tenant shall vacate the premises on a date specified in the notice not less than the minimum number of days after receipt of the notice provided for in this section. The rental agreement terminates and the tenant shall vacate the premises as provided in the notice, subject to the following: (a) If the noncompliance is remediable by repairs, the payment of damages, or written approval of the landlord and the tenant remedies the noncompliance before the date specified in the notice, the rental agreement does not terminate. (b) If the noncompliance involves an unauthorized pet, the notice period is 3 days. (c) If the noncompliance involves unauthorized persons residing in the rental unit, the notice period is 3 days. (d) If the noncompliance is not listed in subsection (1)(b), (1)(c), or (1)(f), the notice period is 14 days.
Full Breakdown
Mont. Code Ann. § 70-24-422 sets the notice periods before a landlord may file for eviction. If rent is unpaid when due and 'the tenant fails to pay rent within 3 days after written notice,' the landlord may terminate the rental agreement. For most other material noncompliance, the tenant gets a 14-day period to cure before termination takes effect. The statute shortens that to a 3-day notice where the noncompliance 'involves an unauthorized pet' or 'unauthorized persons residing in the rental unit.' If the tenant remedies a curable violation before the date specified in the notice, 'the rental agreement does not terminate.' Eviction itself proceeds through the courts; self-help lockouts are prohibited.
Violations & Penalties
A landlord who uses self-help eviction, lockouts, removing belongings, or shutting off essential services instead of a court action, is liable to the tenant for recovery of possession or termination plus damages (§ 70-24-411). Notices that omit the required cure period are defective.
Frequently Asked Questions
How many days' notice for nonpayment of rent in Montana?
How long does a Montana tenant have to fix a lease violation?
Can a Montana landlord lock out a tenant without going to court?
Sources
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