Eviction Process in Montana: A 2026 Landlord's Guide
3-day notice for nonpayment. 14-day for violations. Hearing within 10 days.
Required notice types in Montana
| Type | Notice Period | Purpose |
|---|---|---|
| Nonpayment | 3 days | Tenant failed to pay rent. Tenant may cure by paying the full amount owed before the deadline in most states. |
| Lease violation (curable) | 14 days | Tenant is violating lease terms (unauthorized pets, unauthorized occupants, noise, etc.) and has the option to correct the violation. |
The eviction process, step by step
Step 1 — Serve a 3-day Notice to Pay or Quit. Montana law requires you to give the tenant written notice and 3 days to either pay what's owed or vacate. Serve in the manner permitted by Mont. Code § 70-24-422.
Step 2 — File a Unlawful Detainer complaint. If the tenant doesn't pay or move out by the deadline, file in the appropriate court (typically justice, district, or small claims depending on county).
Step 3 — Court hearing. The court sets a hearing, typically within 2-7 weeks. Bring the lease, payment ledger, copy of the notice, and proof of service.
Step 4 — Judgment and writ of possession. If you win, the court issues a judgment. After the tenant's appeal window closes, the sheriff or constable executes the writ and restores possession.
How long does an eviction take in Montana?
Uncontested cases in Montana typically move through the courts in about 45 days from notice to sheriff's lockout. Contested cases, tenant bankruptcy filings, and local court backlogs can extend this significantly. The minimum realistic timeline (everything uncontested, no appeals) is roughly 20 days.
Need to send a Notice to Pay or Quit right now?
LandlordPro drafts a Montana notice in about 2 minutes using the notice period and service language on file for Montana, with a digital audit trail. Check the current statute or a local attorney before you serve it.
Start free — no credit cardKey statute for Montana
Notice for unpaid rent
Authority: Mont. Code Ann. § 70-24-422(2)
If rent is unpaid when due and the tenant fails to pay rent within 3 days after written notice by the landlord of nonpayment and the landlord's intention to terminate the rental agreement if the rent is not paid within that period
What this means: Montana requires a 3-day notice before you can file for eviction over unpaid rent.
Read from the statute text (verified 2026-09-22)
Notice for other lease violations
Authority: Mont. Code Ann. § 70-24-422(1)(d)
If the noncompliance is not listed in subsection (1)(b), (1)(c), or (1)(f), the notice period is 14 days.
What this means: Montana requires a 14-day notice before you can file for eviction over a lease violation other than unpaid rent.
Read from the statute text (verified 2026-09-22)
Ending a month-to-month tenancy
Authority: Mont. Code Ann. § 70-24-441(2)
The landlord or the tenant may terminate a month-to-month tenancy by giving to the other at any time during the tenancy at least 30 days' notice in writing prior to the date designated in the notice for the termination of the tenancy.
What this means: Montana requires 30 days' notice to end a month-to-month tenancy.
Read from the statute text (verified 2026-09-22)
Abandoned property
If a tenant leaves personal property behind after vacating, Montana allows landlords to handle abandoned property after 5 days of apparent abandonment. Procedures vary — many states require written notice and a public or private sale with proceeds held for a statutory period.
Frequently asked questions
How many days' notice do I need to give before evicting for nonpayment in Montana?
Montana law requires a 3-day notice for nonpayment of rent. The tenant typically has those 3 days to either pay the full amount owed or vacate before you can file in court. See Mont. Code § 70-24-422.
How long does an eviction take in Montana?
An uncontested eviction in Montana typically takes about 45 days from notice to sheriff's lockout. Contested cases, tenant bankruptcy, or court backlogs can add weeks or months.
Can I evict a tenant at the end of their lease in Montana without cause?
Montana generally allows landlords to end a tenancy at the close of a fixed-term lease or with proper notice to a month-to-month tenant, without needing to show fault. Local ordinances may add requirements — confirm with an attorney if you're in a large city.
Can I change the locks or shut off utilities to force a Montana tenant out?
No. Self-help evictions — changing locks, removing belongings, shutting off utilities — are illegal in Montana and every other US state. Only a court order and a sheriff or constable can legally remove a tenant. Self-help exposes you to damages and statutory penalties.
What happens if my Montana tenant files for bankruptcy during eviction?
A bankruptcy filing triggers an automatic stay that halts the eviction, even if you have a judgment. You'll generally need to file a motion for relief from the automatic stay in bankruptcy court before resuming. Bankruptcies add weeks or months — factor this into your risk assessment.
Handling evictions in Montana with LandlordPro
LandlordPro is built to keep you on the right side of Montana's procedural rules. The notice wizard asks a few questions, drafts a notice using the number of days and language on file for this state; verify it against the current statute before serving, and logs proof of service. If the case proceeds to court, LandlordPro's eviction timeline tracks every deadline and its tenant records bundle feature assembles an attorney-review-ready PDF with a plain-English AI records summary of the case — a tool no other landlord software offers.
Create your first Montana notice →
Raising the rent: Montana requires 30 days' notice before a rent increase (via the month-to-month notice rule). Montana rent increase laws →
Late rent: Montana sets no cap on late fees. Montana late fee laws →
Related: Montana security deposit law — limits & return deadlines · What an eviction costs in every state
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Choosing landlord software
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Questions from Montana landlords
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