The Montana eviction notice form can be used in all situations where landlord can legally evict a tenant in Montana. Note the notice requirements for each situation and make sure you provide notice and wait the requisite time period before filing a complaint. In Montana, you can file an Action for Possession in City Court, Municipal Court, Justice Court, or District Court. You will need to file a Complaint and Summons and Request to have the forms served on the tenant. The tenant will have ten (10) days to respond. The landlord will need to Request a Hearing from the court if tenant files an Answer, otherwise landlord will be issued a Judgment. If the tenant fails to vacate, landlord can apply for a Writ of Assistance to have the sheriff move the tenant out of the premises.
Guide – Instructions provided by the State on how to evict a tenant.
Laws – § 70-24-427
- Nonpayment of rent – 3 Days
- Unauthorized persons or pets – 3 Days
- Refusal to allow access – 24 hours to allow access or be forced to move-out within 14 days
- Changed, removed, or added locks without permission – 24 hours to fix or be forced to move-out in 14 days
- Destruction or damage to the premises – 3 days to fix
- Any other violation of the lease agreement – 14 days to fix or move-out
- Sublease or abandonment – Immediate
- Charged with production of illegal drugs or gang-related activity – 3 days
- Repeating a violation within six (6) months – 5 days
- Week to week tenancy – 7 days
- Month to month tenancy – 30 days
When is Rent Due
Rent is due on the date set forth in the lease between landlord and tenant. If rent is late, landlord must provide three days notice before commencing eviction proceedings.
How to Evict (Process)
Step 1 – The first thing a landlord must do is provide requisite notice to the tenant of the violation and the intent to seek redress in court if tenant fails to make the changes required, the payments required or fails to move out as directed. A landlord can use this form to notify tenant making sure that he or she provides the correct time period for tenant to respond upon receiving notice.
Step 2 – If tenant fails to respond, landlord may file a Complaint and Summons in the City Court, Municipal Court, Justice Court, or District Court. In addition, landlord will have to file a Request to Serve in order to have the sheriff properly serve the tenant with the Complaint and Summons.
Step 3 – Tenant will have ten (10) days to Answer after receiving the complaint (View Guide to Answer an Eviction). If tenant doesn’t answer, landlord may receive a Judgment from the court. If tenant does answer, the court will set a hearing within 20 days after the landlord files a Request.
Step 4 – If the landlord prevails, but the tenant still fails to move out, he or she may apply for a Writ of Assistance to get the sheriff to move the tenant out.