Eviction notice rules in Montana
Nonpayment notice
3 days to pay or vacate after written notice of nonpayment and the landlord's intent to terminate (MCA §70-24-422(2)).
Lease-violation notice
3-day cure or vacate for an unauthorized pet or occupant; 14-day cure or vacate for other remediable violations (MCA §70-24-422(1)).
Unconditional quit (no second chance)
3-day quit, no cure, for substantial property damage, drug manufacturing, or gang activity (specific statute <em>reported — confirm with a licensed attorney</em>).
No-cause / end-of-tenancy notice
30 days for month-to-month / 7 days for week-to-week, no reason required — but the termination must not be retaliatory or discriminatory (MCA §70-24-441).
How the notice must be served
Hand delivery, mail (certificate of mailing or certified mail; deemed served 3 days after mailing), or email if the tenant provided one in the lease — equally valid, no required order (MCA §70-24-108). If hand-delivered, the notice period starts the day after delivery.
Your right to fix it (cure)
Nonpayment (3 days to pay in full); unauthorized pet/occupant (3 days to remove); other remediable violations (14 days to cure by repair, payment of damages, or landlord's written approval). No cure for substantial damage, drug manufacturing, or gang activity.
How days are counted
If hand-delivered, the period starts the day after delivery; mailed notice is deemed served 3 days after mailing. Weekend/holiday treatment <em>reported — confirm with a licensed attorney</em>.
After the notice expires
Landlord must file an eviction lawsuit in court. The tenant does NOT have to move on notice alone — only a judge's order, enforced by the sheriff, can remove the tenant. Self-help (lockouts, utility shutoffs) is illegal.
Court timeline
Summons and complaint are hand-delivered; the tenant must file a written answer within 5 business days (excluding weekends/holidays); hearing follows. Full timeline <em>reported — confirm with a licensed attorney</em>.
Retaliation & defenses
Retaliation protections exist (specific statute <em>reported — confirm with a licensed attorney</em>); FHA discrimination defense applies.
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