Eviction can be one of the most difficult parts of the landlord-tenant relationship – and the entire process can hold significant consequences for both parties involved.
The law requires that Montana landlords manage the eviction process with due diligence, and tenants should know that they have rights and responsibilities throughout as well. Yet, during an experience that can be incredibly stressful, it’s easy to miss small details that can spiral into big problems.
Fortunately, Montana eviction laws build a framework that balances property owner’s rights with tenant's protections. Knowing how the process works – and how each party should navigate each step – can help solve a lot of the big issues early. For many, it can help slow or even stop the process entirely!
Let’s take a closer look at Montana eviction laws — primarily the process and the timeline involved in an eviction itself. We’ll cover the questions both landlords and tenants ask:
- What are the reasons for eviction in Montana?
- How much notice must a landlord give before starting the eviction process?
- What are a tenant’s rights when being evicted?
- How long does the eviction process take?
- What do landlords need to do to evict legally?
- How do tenants respond to an eviction notice?
Here at TenantCloud, we want to help landlords, property managers, and tenants know their rights and responsibilities – and our guide to Montant evictions can help!
What Are The Grounds for Eviction in Montana?
Before we can look at how evictions and tenant law work in Montana, we must first understand under what grounds an eviction can take place.
In Montana, a landlord is required to have a valid to evict a tenant from their property. The Montana Residential Landlord and Tenant Act sets out specific reasons for eviction to protect both the landlord’s property rights and the tenant’s due process.
Just wanting to get rid of a tenant without cause or discriminating based on protected classes is not a reason to evict. Here are a few of the most common reasons – and what goes into that eviction process.
Nonpayment of Rent
The most common reason for eviction in Montana is nonpayment of rent. When tenants fail to pay their rent on time, it can cause a cascading effect. Here are some of the key details that could lead to eviction due to rent nonpayment:
- Due Date: Rent is due on the 1st of the month unless otherwise stated in the lease.
- Grace Period: Montana does not require a grace period for late rent, but if your lease has one, the landlord must honor it before starting eviction.
- Late Fees: Montana allows late fees, but they must be:
- As stated in the lease
- Reasonable ( $20 or 20% of the monthly rent, whichever is greater)
- Not charged until rent is late
- Partial Payments: Landlords don’t have to accept partial rent. If they do accept partial rent it may prevent them from evicting for nonpayment.
Once rent is late, landlords can start the eviction process by serving a 3-day notice to pay or vacate. During this time:
- The tenant has 3 full days to pay the full amount or move out
- The notice must specify the exact amount of rent due
- Weekends and holidays count towards the 3 days
- If the tenant pays all rent owed during the notice period, the landlord must stop the eviction process
Lease Violations
Another common reason for eviction in Montana is due to tenants violating their lease. Should a landlord come across anything in rental property inspections that breaks the lease agreement, evictions can follow.
Montana law recognizes several types of lease violations, each with specific notice and cure periods:
Standard Lease Violations (14-Day Notice to Cure)
- Having unauthorized pets or occupants
- Making unauthorized changes to the property
- Not keeping the unit clean and safe
- Violating noise ordinances or disturbing other tenants
- Not following HOA or property rules in the lease
Significant Property Issues (14-Day Notice to Cure)
- Causing damage beyond normal wear and tear
- Not disposing of trash or waste properly
- Creating unsanitary conditions that violate health codes
- Not reporting needed repairs that cause damage to the property
Behavioral Issues (14-Day Notice to Cure)
- Repeatedly disturbing other tenants’ peace and quiet
- Running a business from the property if prohibited in the lease
- Smoking in non-smoking areas
- Parking
When evicting a tenant due to lease violations, it’s important to know the process (similar to the non-payment eviction.)
- Write a specific description of the violation
- Give 14 days to cure
- Let tenants stay if they cure within the notice period
- Keep all correspondence and evidence
Related: Idaho Evictions | Laws and Protections
What About Repeated Lease Violations?
It’s important to note that Montana law actually addresses situations where tenants repeatedly violate the same lease terms. If the tenant has continued to violate the lease terms within a six-month period:
- Landlords can issue a 5-day notice to vacate
- No opportunity to cure is required
- The notice must reference both the current and previous violations
- The tenant must move out within 5 days, regardless of attempts to fix the issue
- Previous violations must be documented with dates and details
Verbal Abuse of Landlord
While less common, there are protections for landlords in Montana against tenants who verbally abuse their property owners or managers. Knowing how to evict a tenant in this instance is also important:
- Landlords can serve a 3-day notice to cure or vacate
- The abuse must be documented with specific instances and dates
- Tenants have the opportunity to:
- Apologize and correct their behavior
- Agree in writing to cease the abusive conduct
- Vacate the property within the notice period
Illegal Activities
Other reasons to evict tenants include when the tenant is taking part in illegal activity on the property. Montana law provides for expedited eviction when illegal activities that go against the lease forms occur – requiring only a 3-day unconditional notice to vacate with no opportunity to cure when:
The Tenant Is Involved In Criminal Activities
Illegal activities that can result in expedited eviction can include:
- Manufacturing or distributing illegal drugs
- Gang-related activities
- Crimes threatening others' safety
- Possession of illegal weapons
- Operating unlawful businesses
The Tenant Is Engaged In Behavior Leading To Property Damage
Should the tenant be involved in behavior that puts the property at risk of damage or destruction, they can also be evicted. This can include:
- Intentional destruction of property
- Creating hazardous conditions
- Operating dangerous equipment or materials
- Unauthorized construction or alterations
There Are Numerous Tenant-Caused Safety Violations
Similar to damage-related evictions, behavior that can lead to safety issues for the property or nearby properties can be grounds for eviction. This includes if the illegal activity involves:
- Creating fire hazards
- Blocking emergency exits
- Tampering with safety equipment
- Storing dangerous materials
What Is The Eviction Notice Process in Montana?
Legal evictions in Montana begin with proper notice. Landlords can’t simply change the locks and throw out their tenant’s belongings – they must follow the legal process set out in Montana law.
It’s important for landlords and managers to follow state requirements for both the content and delivery of these notices to ensure their validity throughout the process.
What Are The Types of Eviction Notices?
Montana law recognizes several different notice periods depending on the reason for eviction. The type of notice served will determine how long a tenant has to either remedy the situation or vacate the property.
3-Day Notice to Pay or Quit
A 3-Day Notice to Pay or Quit is the most common notice used for nonpayment of rent. This notice must clearly state the exact amount of rent owed and give the tenant three full days to pay the entire amount or move out.
14-Day Notice to Comply or Quit
For most lease violations, landlords must provide a 14-Day Notice to Comply or Quit. This longer period gives tenants a reasonable opportunity to correct violations like unauthorized pets or noise disturbances.
5-Day Notice to Quit
When tenants repeat the same violation within six months, landlords can serve a 5-Day Notice to Quit. This notice offers no chance to cure the violation – the tenant must vacate within five days.
Proper Notice Delivery
It’s important to ensure that these notices are sent properly – so that you are protected from any potential issues should the tenant pursue legal aid. Montana law provides several methods for serving eviction notices:
- Hand delivery to the tenant
- Leaving a copy with a person of suitable age at the rental unit
- Posting the notice in a conspicuous place if no one is home
- Sending via certified mail with return receipt requested
If notice is sent by mail, landlords must add three days to the notice period to account for delivery time – so always make sure you have clear, consistent documentation of all tenant-related communication.
What Should Be Included In A Montana Eviction Notice?
Every Montana eviction notice must include specific information to be legally valid:
- Full names of all tenants
- Property address
- The specific reason for the eviction
- Amount of rent due (for nonpayment notices)
- Deadline to pay, cure, or vacate
- Statement of the landlord's intent to pursue eviction
- Date and signature of the landlord or agent
It’s not just the information that goes in the notice that matters. Wise landlords maintain careful records of the eviction notice process. This includes keeping:
- A copy of the notice with the date it was served
- Proof of delivery method used
- Photos of posted notices, if applicable
- Certified mail receipts
- Notes about any communication with the tenant
These records become key if the eviction proceeds to court, as landlords must prove they followed proper notice procedures.
Related: Colorado Evictions | Laws and Protections
Filing an Eviction Lawsuit in Montana
Landlords can file an eviction lawsuit after the notice period expires without resolution, legally known as an "Action for Possession" in Montana. This begins the formal court process.
Where to File
Landlords must file their eviction case in the District Court or Justice Court of the county where the rental property is located. Justice Courts typically handle most residential evictions and have lower filing fees than District Courts.
Filing Fees and Costs
The initial cost to file an eviction varies by court. District Court filing fees start at $90, while Justice Court fees vary by county. Additional costs may include service fees, which typically start at $5 for the sheriff to serve court papers.
Required Documentation
As we stated above in the notice section, it’s important to have all your documentation ready when it comes to filing:
- The original lease agreement
- Copies of all eviction notices served
- Proof of service for the notices
- Documentation of lease violations
- Rent payment records
- Any relevant photos or correspondence
- A completed court complaint form
The Complaint Document
Landlords must also include a complaint document in their eviction filing. This document should include:
- Names and addresses of all parties
- Description of the rental property
- Reason for eviction
- Amount of rent due (if applicable)
- Copies of required notices
- Specific relief requested from the court
Service of Process
After filing, the tenant must be formally served with the court summons and complaint. Montana requires:
- Personal service by a sheriff or process server
- Service within the timeframe specified by the court
- Proper documentation of service attempts
- Alternative service methods if the tenant cannot be found
What Is The Timeline After Filing an Eviction in Montana?
The court process moves relatively quickly in Montana – with hearings usually starting within 14 days of the initial filing. While each case is unique, here are some common timelines to expect:
- Tenants have 10 days to file a written response
- Initial hearings are typically scheduled within 14 days
- Cases involving illegal activity may be expedited
- Total time from filing to judgment averages 3-8 weeks
The Eviction Court Hearing Process
A key part of the Montana eviction process is the court hearing. Once the lawsuit is filed and the tenant is served, both parties must prepare for their day in court.
Montana eviction hearings are typically straightforward proceedings, but proper preparation is essential for both landlords and tenants to effectively present their cases.
Preparing for Court
A successful eviction case depends heavily on documentation and organization. Landlords should gather all relevant evidence that supports their claim, while tenants should prepare any documentation that supports their defense or shows compliance with lease terms.
Before heading to court, both parties should prepare:
- The original signed lease agreement and any amendments
- Proof of rent payments or payment attempts
- Photos or videos of property conditions
- Written communications between parties
- Maintenance requests and repair records
- Witness statements (if relevant)
- Copies of all notices and proof of service
The Hearing Process
When you arrive at the courthouse, you'll need to check in with the clerk and wait for your case to be called. Eviction hearings in Montana typically last 15-30 minutes unless there are complicated issues to resolve.
The basic structure of the hearing follows this pattern:
- The judge explains the basic rules and procedures
- The landlord presents their case first
- The tenant has an opportunity to respond
- Each party can question the other
- The judge may ask clarifying questions
- Both sides make final statements
- The judge issues a ruling
What If the Tenant Doesn’t Show Up to Court?
Tenant attendance at the eviction hearing is key. When a tenant doesn’t show up for their court date, Montana law has specific procedures that generally favor the landlord. The court considers a tenant’s absence as an admission of the landlord’s claims and moves forward accordingly.
A default in these cases means the landlord wins automatically without having to present a bunch of evidence. The tenant loses the opportunity to tell their side of the story or raise any defenses they might have had, like improper notice or landlord retaliation. Once a default is entered, the eviction process moves fast, usually within days – not weeks.
Court Outcomes
After both sides present their evidence the judge has several options to rule on the case. The outcome will depend on the severity of the lease violations, the tenant’s payment history, and if attempts were made to remedy the situation.
An immediate possession order is the simplest outcome – meaning that the tenant must vacate immediately. But judges can also consider more complicated solutions.
For example, a move-out date can be ordered if the tenant needs some time to find new housing, or a conditional judgment can give the tenant one last chance to pay the overdue rent or correct the lease violations.
In cases of property damage or unpaid rent, the judge may also award the landlord monetary damages. Sometimes, if key evidence is missing or there are complicated legal issues to resolve, the judge may continue the case to another date.
After the Judgment
The writ of possession is the landlord’s final step to get control of their property. This legal document turns the judge’s decision into an enforceable order to remove the tenant. But Montana law is very specific on how this must be done to protect both parties.
Only law enforcement can physically remove the tenant or their belongings, and landlords who try to do a self-help eviction will face serious legal consequences.
The 5-day waiting period after the writ is issued gives the tenant one last chance to vacate voluntarily and remove their belongings. During this time, the landlord should coordinate with local law enforcement to schedule the actual eviction date.
The writ may also address monetary claims. When included, these judgments for unpaid rent or property damage become collectible debts that the landlord can pursue through various means, such as wage garnishment or property liens.
Serving the Eviction Order
Once you have a writ of possession, the final stage of the eviction process begins. This part requires coordination between you, law enforcement, and sometimes professional movers to make sure the eviction is done legally and safely.
Law Enforcement Involvement
In Montana, only sheriff’s deputies can physically remove tenants from the property. The sheriff’s office will require:
- A copy of the court’s writ of possession
- Payment of enforcement fees (around $225)
- Specific date and time
- The landlord or representative present during the eviction
- Locksmith on site if needed
What to Do With Tenant Property
Montana law has specific rules for dealing with property left behind after an eviction. Landlords must:
When tenants are still present during the eviction:
- Let them remove personal items
- Give them a reasonable amount of time to gather belongings
- Document property left behind
- Follow the procedure for abandoned property
For abandoned property after the eviction, you’ll want to make a complete inventory of what was left behind, send a notification to the tenant, and then follow the legal disposal process should the tenant not claim the property.
What About The Security Deposit?
After you get possession, you still need to follow Montana’s security deposit law – which includes:
- Itemize deductions within 30 days
- Include eviction costs
- Return the remaining deposit to the tenant’s last known address
- Document all damage beyond normal wear and tear
Final Things To Consider
Once the eviction process is complete, you’ll want to make sure you’ve covered all the final details before you begin moving toward a new tenant. After all, any lost time without a tenant is damaging to your property finances – so the sooner you can handle the following, the sooner you can reclaim that lost revenue:
- Change all locks and security codes
- Photograph the property
- Complete any repairs or cleaning
- Keep all eviction paperwork for tax and legal purposes
- Start looking for a new tenant0
Related: Kansas Evictions | Laws and Protections
Tenant Rights and Legal Defenses in Montana Evictions
Montana law provides tenants with specific rights and legal defenses during eviction proceedings. Understanding these tenant law protections can help ensure fair treatment throughout the process.
Right to Proper Notice
Landlord tenant law matters - starting with the first step. Every legal eviction begins with proper notice. State law requires landlords to provide written notice that includes specific information, follows correct delivery methods, and gives tenants the legally required time to respond. Failure to meet these requirements can invalidate the eviction attempt.
Retaliatory and Discriminatory Eviction Defenses
Landlords cannot evict tenants for exercising their legal rights or based on protected characteristics. Just like in online tenant screening, tenants are protected from eviction when:
- Making legitimate complaints about property conditions
- Contacting inspectors or joining tenant organizations
- Requesting necessary repairs
- Being part of a protected class (race, religion, disability, etc.)
- Receiving housing assistance or other legal income
Habitability Defenses
Tenants have the right to a habitable living space. This means:
- Working essential systems (heat, plumbing, electric)
- Safe and secure structure
- Freedom from pests
- Properly maintained common areas
- Compliance with health codes
Payment History Defenses
For nonpayment evictions, tenants can defend themselves by showing:
- Proof of payments or payment attempts
- Evidence of incorrect charges
- Documentation of accepted partial payments
- Records of improper fee calculations
Procedural Defenses
While courts prefer to decide cases on merit, tenants may challenge evictions based on procedural errors such as improper filing or service. These defenses typically delay rather than prevent eviction, giving tenants more time to relocate.
Knowing How To Manage Montant Evictions Matters
Montana eviction law is all about the details for both landlords and tenants. For landlords, following procedure is key to getting your property back. For tenants, knowing your rights and defenses will help you get fair treatment.
The reality is that nobody wants to face an eviction situation – as the stress, frustration, and difficulties of the entire process can be taxing on everyone involved. But knowing how to manage the process quickly can save you time and money (not to mention relationships and revenue!)
Here at TenantCloud, we’re all about helping you handle your tenant-landlord relationship effectively. Whether it’s handling evictions or finding the best tenants for your properties, we have the resources and tools to help you. Visit us online today to learn more about the TenantCloud solution for landlords and tenants – and start creating a better property management system today!
