Eviction notices in Montana

If rent is unpaid when due, the landlord may give written notice of nonpayment and of intent to terminate if rent is not paid within 3 days; if it is not paid, the landlord may terminate (MCA § 70-24-422(2)).

Can the tenant pay to stop it? Paying the rent within the 3 days stops the termination.

Type:

Pay or move out

Notice period:

3 days

Law:

MCA § 70-24-422(2)

For most lease violations the notice period is 14 days after receipt (MCA § 70-24-422(1)(d)). Shorter, still-curable periods: 3 days for an unauthorized pet, unauthorized occupants, or verbal abuse of the landlord (§ 70-24-422(1)(b), (c), (f)).

Chance to fix it: If the problem can be fixed by repairs, paying damages or written landlord approval, fixing it before the date in the notice stops the termination.

Type:

Fix it or move out

Notice period:

14 days

Law:

MCA § 70-24-422(1)

3 days' written notice for damage or dangerous conduct (MCA § 70-24-422(3), (4)). A repeat of substantially the same violation within 6 months after notice allows termination on 5 days' notice (§ 70-24-422(1)(e)). Refusing lawful access or changing locks: 24-hour notice to correct, then a 3-day termination notice (§ 70-24-424).

When it applies: Destroying, defacing, damaging or removing part of the premises, or creating a reasonable potential that the premises may be damaged or neighbors injured.

Notice period:

3 days

Law:

MCA § 70-24-422(3), (4)

Exclude the first day and include the last; if the last day is a holiday it is also excluded (MCA § 1-1-306). Every Sunday is a legal holiday (MCA § 1-1-216(1)(a)), and an act due on a holiday or a Saturday may be done on the next business day (MCA § 1-1-307). Notice sent with a certificate of mailing or by certified mail is considered served 3 days after mailing (MCA § 70-24-108(1)(d)).

Hand delivery; mail with a certificate of mailing or certified mail to the address the tenant designated (or last-known address); or e-mail to an address in the rental agreement, complete on a read receipt or non-automatic reply (MCA § 70-24-108).

The landlord files an action for possession (MCA § 70-24-427). The tenant's answer is due 5 business days after service, not counting the day of service (§ 70-24-429(4)). The hearing must be held within 10 business days after appearance/answer date (5 for dangerous conduct), the court rules within 5 days, and the sheriff executes the writ of assistance within 5 business days (§ 70-24-427). Except after abandonment or surrender, a landlord may not take possession or cut essential services (§ 70-24-428); a tenant unlawfully ousted may recover up to 3 months' rent or treble damages (§ 70-24-411).

• A landlord may instead use a 30-day no-cause notice for month-to-month tenancies (§ 70-24-422(7)); that is covered on breaking-a-lease pages.

• Montana notice to end a month-to-month tenancy (no-cause notice by tenant or landlord)
• Montana security deposit law: deadlines after move-out
• Federal 30-day notice for covered properties (CARES Act)

• MCA § 70-24-422 Retrieved October 13, 2026.
• MCA § 70-24-108 Retrieved October 13, 2026.
• MCA § 70-24-424 Retrieved October 13, 2026.
• MCA § 70-24-427 Retrieved October 13, 2026.
• MCA § 70-24-428 Retrieved October 13, 2026.
• MCA § 70-24-429 Retrieved October 13, 2026.
• MCA § 70-24-411 Retrieved October 13, 2026.
• MCA § 1-1-306 Retrieved October 13, 2026.
• MCA § 1-1-307 Retrieved October 13, 2026.
• MCA § 1-1-216 Retrieved October 13, 2026.

Laws change. This page was checked against the sources above on October 13, 2026. It is legal information, not legal advice; if you have an eviction case, contact your state's legal aid. See our methodology.