Reasons for Eviction in Montana
- Nonpayment of rent
- Violation of lease terms
- Illegal activity
- Activities related to gangs
- Possession of illegal firearms, explosives, and/or hazardous toxic substances
- Involvement in the creation, distribution, or consumption of a dangerous controlled substance
- Non-renewal of lease after lease term
Notice to Vacate
Landlords must provide a three-day unconditional quit notice if tenants:
- Destroy, deface, damage, or remove any part of the rental premises
- Create unreasonable threat of damage or destruction to the premises
- Threaten injury to other tenants by engaging in drug manufacturing, gang participation, unlawful possession of firearms, or explosives
Notice to Comply
Landlords must give a:
- Three-day notice to pay for nonpayment of rent
- Three-day notice to comply for violation of lease terms (such as damages to the rental unit or unauthorized pets or people on the premises)
- 14-day notice to comply for all other lease violations not mentioned above
However, month-to-month tenants may be offered a 30-day notice to comply.
Serving the Tenant
The Complaint and Summons must be served to the tenant by the Sheriff or a private process server. They can also be mailed to the tenant via first-class. An acknowledgment of receipt must be accompanied if serving via mail, which the tenant must return.
Tenant Possessions
The landlord must make reasonable efforts to notify their former tenant in writing that they have 10 days to claim the property before it’s disposed of. If the tenant responds, then they will have another seven days to remove the property. The landlord can charge the tenant for the price of storage and can withhold belongings until that is paid off. If the tenant fails to respond and claim the property, the landlord can dispose of the belongings.
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Eviction Timeline
Below you’ll learn the average timeline for a complete eviction in Montana. This projected timeline could change based on the complexities of your specific case.
Typically, it takes anywhere between 30-60 days for the Montana eviction process.
How to Start the Eviction Process in Montana?
First, serve the proper notice (to quit or comply). Your complaint can be filed if the tenant doesn’t cure the violation within the allotted time period.
Court documents must then be served to the tenant, either by first-class mail, the Sheriff, or a private process server. The tenant has 10 days to file a written answer, then a hearing will be held where you must provide evidence.
If the tenant doesn’t show up, a default judgment will be entered against them. The tenant can appeal within five days of the ruling, which will prompt an appeal hearing within 14 days.
If you win, a writ of possession will be entered a few hours to a few days later.
A sheriff’s eviction will be scheduled to ensure tenants are removed from the premises.
How to Stop the Eviction Process in Montana?
File a motion to dismiss your complaint.
How Long is the Eviction Process in Montana?
It can take between 30-60 days to complete the Montana eviction process.