How to Evict a Tenant in Montana (2026)
The legal steps for landlords in Montana — the notice, the court case, costs, timeline and the mistakes that get cases thrown out — with the statute or official page behind each step.
Short answer: In Montana a landlord must give the required written notice, file an eviction case in court if the tenant doesn't pay or leave, win a judgment, and have a sheriff or other officer carry out the removal. Changing the locks or removing belongings yourself is not allowed.
Step 1: Have a legal reason and give the right notice
| Unpaid rent | 3 days' written notice of nonpayment and intent to terminate; agreement terminates if rent is not paid within 3 days. Source: Mont. Code Ann. § 70-24-422(2) |
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| Lease violation | 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. |
| Ending a month-to-month tenancy (no fault) | Month-to-month: either party may terminate with at least 30 days' written notice. Week-to-week: at least 7 days' written notice. Same periods for landlord and tenant. Source: Mont. Code Ann. § 70-24-441 |
Local rent-control or just-cause rules can limit evictions: Local rent control preempted: local governments with self-government powers may not exercise any power to control the amount of rent charged for private residential or commercial property. No statewide cap.
Step 2: Write and deliver the notice correctly
| What the notice must say | Written notice that rent is unpaid and that the landlord intends to terminate the rental agreement if rent is not paid within 3 days. Delivery: in hand; or mailed with a certificate of mailing or by certified mail to the address the tenant designated (or last-known address), in which case service is deemed made 3 days after mailing; or by email to an address the tenant gave in the rental agreement, effective only on a read receipt or a non-automatic reply. |
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| How it must be delivered | A notice counts as given if the person actually knows of it, or if it is: delivered in hand; mailed with a certificate of mailing or by certified mail to the address the person named (or last-known address), in which case service is treated as made 3 days after mailing; or, for a landlord, delivered at the landlord's place of business where the lease was made. Email counts only if sent to an email address given in the rental agreement. Email notice is complete when a read receipt or a non-automatic email reply is received. |
Notice forms:
- Montana notice to pay rent or quit — requirements and free draft
- Montana notice to end a month-to-month tenancy — requirements and free draft
Step 3: File the eviction case and go to the hearing
Eviction cases in Montana 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)
Court timing: Answer due 5 business days after service, excluding the date of service (§ 70-24-429(4)); hearing within 10 business days (5 for § 70-24-321(3) cases); damages hearing within 45 days after possession is adjudicated.
Source: Mont. Code Ann. §§ 70-24-427, 70-24-429, 3-10-302
How long it takes to evict a tenant in Montana
For unpaid rent, the notice period is 3 days; after that comes the court process (filing, service, the tenant's answer and a hearing), then the final order and removal by an officer. Uncontested cases move fastest; a contested case, an appeal or a crowded court adds weeks. See how long evictions take in every state.
Evicting someone without a lease (family member, roommate, guest or squatter)
| Someone with no written lease who pays rent (month-to-month / at will) | Month-to-month: either party may terminate with at least 30 days' written notice. Week-to-week: at least 7 days' written notice. Same periods for landlord and tenant. Source: Mont. Code Ann. § 70-24-441 |
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| Someone who was never a tenant (squatter / unauthorized occupant) | Police removal without a court case. A person who cannot produce authorization to occupy the premises is an unauthorized person or trespasser and may be removed immediately by law enforcement at the request of the property owner or authorized agent. Authorization means a written rental agreement, written or verbal permission from the landlord, or written or verbal permission from a tenant for a guest; verbal permission counts only if the person who gave it confirms it. The owner may ask law enforcement to stand by while the locks are changed and the occupant's belongings removed. An owner or agent who knowingly gives false information must indemnify the law enforcement agency for any damages awarded against it. Source: Mont. Code Ann. § 70-24-113 |
Mistakes that get eviction cases dismissed — or get landlords sued
| Changing locks / shutting off utilities | 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. |
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| Retaliation | Landlord may not raise rent, reduce services, or bring or threaten a possession action after the tenant complained to a government code-enforcement agency, made a written complaint to the landlord about § 70-24-303 duties, or organized/joined a tenants' union. A complaint within 6 months before the act creates a rebuttable presumption of retaliation. Source: Mont. Code Ann. § 70-24-431 |
| Accepting rent after the notice | Accepting FULL payment of rent due waives a claimed breach only when the breach is nonpayment of rent. Accepting full rent does not waive any right when the breach is something other than nonpayment. Accepting PARTIAL rent does not waive any right, including the right to the rest of the rent. Source: Mont. Code Ann. § 70-24-423 |
Federal rules that can change the process
- Servicemembers Civil Relief Act: eviction protection: A landlord may not evict a covered servicemember or their family during military service without a court order. When the servicemember's ability to pay is materially affected by service, the court must on request stay the case for 90 days or adjust the lease. Knowingly evicting without a court order is a federal misdemeanor. More
- VAWA housing protections: An applicant or tenant cannot be denied, evicted or cut off from assistance because they are or were a victim of domestic violence, dating violence, sexual assault or stalking. The abuse cannot be treated as a serious lease violation by the victim. The landlord may 'bifurcate' (split) the lease to evict the abuser and keep the victim housed. Covered programs must also have an emergency transfer plan. A transfer is available on request if the tenant reasonably fears imminent harm, or if a sexual assault happened on the premises within the prior 90 days. More
- CARES Act 30-day notice to vacate (covered dwellings): The landlord of a covered dwelling may not require the tenant to leave until 30 days after giving a notice to vacate. The 120-day filing moratorium in the same section expired in July 2020, but the 30-day notice subsection has no expiration date in its text. More
- HUD 30-day nonpayment notice (public housing and project-based Section 8): Before filing an eviction for nonpayment, the landlord must give written notice at least 30 days in advance. The notice must itemize the rent owed by month, explain how to pay it off and by what date, and explain how to recertify income or request a hardship exemption. The notice cannot be served before the day after rent is due. If the tenant pays the amount owed within the 30 days, the landlord may not file the eviction. More
Montana eviction FAQ for landlords
How much notice does a landlord have to give to evict 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.
Can a landlord change the locks to evict a tenant 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.
How do you evict a tenant without a lease in Montana?
Month-to-month: either party may terminate with at least 30 days' written notice. Week-to-week: at least 7 days' written notice. Same periods for landlord and tenant.
← All Montana landlord-tenant rules · Notice deadline calculator
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.