Montana Eviction Laws
Montana rules on eviction for renters and landlords, with the statute or official page behind each answer. Last verified: 2026-10-22.
Short answer: 3 days' written notice of nonpayment and intent to terminate; agreement terminates if rent is not paid within 3 days. Mont. Code Ann. § 70-24-422(2)
The rules in Montana
| Notice for unpaid rent | 3 days' written notice of nonpayment and intent to terminate; agreement terminates if rent is not paid within 3 days. Mailed notice is deemed made 3 days after mailing (§ 70-24-108). "Rent" includes late fees and other charges agreed on in the rental agreement (§ 70-24-103, amended 2025). Source: Mont. Code Ann. § 70-24-422(2) |
|---|---|
| Notice for lease violations | General noncompliance: 14 days' written notice (agreement ends unless remedied). 3 days for unauthorized pet, unauthorized persons residing in the unit, verbal abuse of the landlord, destroying/damaging the premises, or creating a reasonable potential for damage or harm to others. Repeat of substantially the same act within 6 months: at least 5 days. Remediable breaches (repairs, payment of damages, or landlord written approval) cured before the notice date do not terminate the lease. Landlord may instead use the 30-day no-cause notice under § 70-24-441 (§ 70-24-422(7)). Last amended 2021. |
| Lockouts & utility shutoffs | Self-help eviction prohibited: landlord may not recover possession except by court action (or after abandonment/surrender), and may not purposefully cut heat, water, hot water, electricity, gas, or other essential services. Tenant may recover possession or terminate, and recover up to 3 months' periodic rent or treble damages, whichever is greater. If the tenant terminates, the landlord must return all recoverable security and prepaid rent. § 70-24-428 URL: https://mca.legmt.gov/bills/mca/title_0700/chapter_0240/part_0040/section_0280/0700-0240-0040-0280.html |
How an eviction case works in Montana
Eviction cases are heard in: Justice court (concurrent with district court in the county); appeals go to district court.
- Written termination notice: 3 days (nonpayment and certain violations), 14 days (other remediable noncompliance), 5 days (repeat within 6 months), or 30 days (month-to-month, no cause)
- Landlord files an action for possession (and rent/damages) after termination
- Tenant served with summons and complaint; tenant files answer (with any counterclaims) within 5 business days
- Hearing within 10 business days after appearance or answer date (5 business days if termination was for damage/harm under § 70-24-321(3)); court rules within 5 days
- If landlord wins, court immediately issues a writ of possession and writ of assistance
- Sheriff executes the writ of assistance within 5 business days of receipt (or at a time agreed with the landlord)
Landlords: how to evict a tenant in Montana — steps, costs, timeline and forms.
Eviction court and fees by county
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- Notice Deadline Calculator — Enter the date a notice was delivered and see the date it runs out under your state's law.
Templates
Related questions
- Can a landlord evict you without going to court, change the locks or shut off utilities?
- How long does an eviction take?
- How much notice does a landlord have to give before an eviction?
Montana vs. neighboring states
| State | Notice for unpaid rent | Notice for lease violations | Lockouts & utility shutoffs |
|---|---|---|---|
| Montana | 3 days' written notice of nonpayment and intent to terminate; agreement terminates if rent is not paid within 3 days. Mont. Code Ann. § 70-24-422(2) | General noncompliance: 14 days' written notice (agreement ends unless remedied). 3 days for unauthorized pet, unauthorized persons residing in the unit, verbal abuse of the landlord, destroying/damaging the premises, or creating a reasonable potential for damage or harm to others. Repeat of substantially the same act within 6 months: at least 5 days. Mont. Code Ann. § 70-24-422(1), (3), (4) | Self-help eviction prohibited: landlord may not recover possession except by court action (or after abandonment/surrender), and may not purposefully cut heat, water, hot water, electricity, gas, or other essential services. Tenant may recover possession or terminate, and recover up to 3 months' periodic rent or treble damages, whichever is greater. Mont. Code Ann. §§ 70-24-428, 70-24-411 |
| Idaho | 3 days' written notice demanding payment of the amount due or possession. The notice must state the amount due and the tenant's post-judgment removal period (72 hours for residential tenants). Notice may be served within one year after rent is due. Idaho Code § 6-303(2) | 3 days' written notice requiring performance or possession; tenant may cure within the 3 days. No cure notice is needed if the breached covenant cannot later be performed. Assigning/subletting or committing waste contrary to the lease terminates it (3-day notice to quit). Controlled-substance activity: 3-day notice with no right to cure. Idaho Code § 6-303(3)-(5) | Self-help eviction is unlawful: a landlord may not shut off utilities, change locks, confiscate the tenant's property, or do anything other than file a lawful eviction. A party who recovers damages for forcible or unlawful entry or detainer may be awarded up to three times actual damages. Idaho AG Manual 'Unlawful Evictions'; Idaho Code § 6-317 |
| North Dakota | Rent must be more than 3 days past due; then the landlord must serve a 3-day written notice of intention to evict before filing. N.D.C.C. §§ 47-32-01(4), 47-32-02 | 3-day written notice of intention to evict for violation of a material term of a written lease. No statutory cure right. N.D.C.C. §§ 47-32-01(8), 47-32-02 | ND Attorney General: 'The landlord cannot lock you out, cut off the utilities, or confiscate your belongings.' Eviction requires a court order. ND Attorney General tenant rights page; N.D.C.C. ch. 47-32 |
| South Dakota | No statutory notice to quit. The landlord may file a forcible entry and detainer (eviction) action once rent has been unpaid for three days after it is due. The first legal step is filing and serving a verified complaint and summons. SDCL 21-16-1(4); SDCL 21-16-6; SDCL 21-16-2 (repealed) | No statutory notice or cure period. An FED action lies when the tenant commits waste or does or fails to do an act that terminates the lease under its terms. The landlord may also end the lease early if the tenant uses the premises contrary to the lease or does not make required repairs within a reasonable time after a request. SDCL 21-16-1(7); SDCL 43-32-18 | If the landlord unlawfully removes or excludes the tenant, or willfully interrupts electric, gas, water, or other essential service, the tenant may sue for an injunction, recover possession, or end the lease. In any of these cases the tenant also recovers damages equal to two months' rent plus return of any advance rent and deposit. SDCL 43-32-6 |
| Wyoming | 3-day notice to quit. FED is allowed after rent is 3 days past due, and the written notice to leave must be served at least 3 days before the action is filed. W.S. 1-21-1002(a)(i), 1-21-1003 | 3-day notice to quit, with no statutory right to cure. FED is available against renters who violate the duties in W.S. 1-21-1204 or the prohibitions in 1-21-1205 (damage, interfering with others' peaceful enjoyment, unreasonably denying access). W.S. 1-21-1002(a)(vi), 1-21-1003, 1-21-1204, 1-21-1205 | No statute — Wyoming has no law that expressly bans landlord lockouts or utility shutoffs. The statutes provide a court process instead: a landlord who wants a tenant out files a forcible entry and detainer (FED) case, and after judgment an officer executes the writ of restitution; only then may the sheriff remove the renter's belongings and prevent reentry. W.S. 1-21-1001 to 1-21-1017, 1-21-1211(a) (Title 1, Ch. 21, Arts. 10 and 12 checked) |
More Montana rental law
- Montana Security Deposit Law
- Montana Notice to Vacate Rules
- Landlord Entry Rules in Montana
- Montana Repairs & Tenant Remedies
- Montana Rent Increase & Late Fee Laws
- Breaking a Lease in Montana
- Squatters' Rights in Montana
- Montana Rental Fee Rules
- Montana Section 8, Records & Right to Counsel
- Montana Mold, Pests, Heat & AC Rules
- Montana Privacy, Guests & Animal Rules
- Montana Landlord Selling the House
- Montana Lockouts, Utility Shutoffs & Retaliation
- Montana Subletting, Lease Endings & Tenant Death
- All Montana landlord-tenant rules
- Free legal help in Montana
Compare eviction in all 50 states and DC →
Montana Eviction Laws FAQ
How much notice does a landlord have to give before evicting for unpaid rent in Montana?
3 days' written notice of nonpayment and intent to terminate; agreement terminates if rent is not paid within 3 days. (Mont. Code Ann. § 70-24-422(2))
How much notice is required to evict for a lease violation in Montana?
General noncompliance: 14 days' written notice (agreement ends unless remedied). 3 days for unauthorized pet, unauthorized persons residing in the unit, verbal abuse of the landlord, destroying/damaging the premises, or creating a reasonable potential for damage or harm to others. Repeat of substantially the same act within 6 months: at least 5 days. (Mont. Code Ann. § 70-24-422(1), (3), (4))
Can a landlord change the locks or shut off utilities in Montana?
Self-help eviction prohibited: landlord may not recover possession except by court action (or after abandonment/surrender), and may not purposefully cut heat, water, hot water, electricity, gas, or other essential services. Tenant may recover possession or terminate, and recover up to 3 months' periodic rent or treble damages, whichever is greater. (Mont. Code Ann. §§ 70-24-428, 70-24-411)
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.