Landlord guide, Montana (MT)
Montana eviction process: the landlord’s steps from notice to removal
The eviction process in Montana starts with the 3-day notice to pay rent or quit: 3 calendar days for unpaid rent (Mont. Code Ann. § 70-24-422(2)). Then the landlord files in the justice court (city or district court also have jurisdiction), where the case is called action for possession; the court hears it, and after judgment a court officer carries out the removal.
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- Notice for unpaid rent
- 3 calendar days
- Mont. Code Ann. § 70-24-422(2)
- Court
- justice court (city or district court also have jurisdiction)
- Mont. Code Ann. §§ 70-24-427, 70-24-429(4)
- Time to appeal
- Not confirmed
- Checked against the statutes
- 1 November 2026
Step by step
The eviction process Montana landlords follow, step by step
Notice and court names are given as they read on Montana’s own forms, and timing details are quoted from the statute.
- 1
Step 1
Serve the notice
Unpaid rent: the 3-day notice to pay rent or quit, 3 calendar days (Mont. Code Ann. § 70-24-422(2)).
Paying everything owed inside the period ends the case, by statute.
Another breach of the lease: the 14-day notice to comply or quit, 14 calendar days (Mont. Code Ann. § 70-24-422(1), (3)).
No reason, month to month: 30 days’ notice (MCA 70-24-441(2)).
What the statute adds, in English
The landlord may terminate only if the rent is not paid within 3 days after written notice. Notice sent by certified mail or certificate of mailing counts as served 3 days after mailing.
- 2
Step 2
File the eviction in court
File in the justice court (city or district court also have jurisdiction), where the case is called action for possession (Mont. Code Ann. §§ 70-24-427, 70-24-429(4)).
- 3
Step 3
Go to the hearing
The tenant has 5 days to answer the complaint.
In the statute, in English
within 10 business days after the tenant's appearance or the answer date, 5 business days when terminated for noncompliance under § 70-24-321(3); ruling within 5 days after the hearing
- 4
Step 4
Judgment and appeal
No appeal deadline could be confirmed from the statute, so ask the clerk which one applies.
- 5
Step 5
Removal by a court officer
An officer of the court carries out the removal, on the court’s order.
In the statute, in English
writ of assistance issued immediately on judgment and executed by the sheriff within 5 business days after receipt
Montana eviction process timeline
- Notice before filing
- 3 calendar days
- Time to answer
- 5 days
- Hearing
- Quoted in step 3
- Time to appeal
- Not confirmed
- Removal
- Quoted in step 5
Only some steps have a number in the statute, so no honest total exists: after filing, the court sets the pace.
Can you change the locks yourself?
No. Montana bans self-help eviction (Mont. Code Ann. § 70-24-411), so only the court process can remove a tenant.
An unlawful ouster, exclusion or purposeful interruption of heat, water, electricity, gas or other essential services lets the tenant recover possession or end the tenancy and recover the greater of 3 months' rent or treble damages.
The court process is the safe course in every state.
Write the Montana eviction notice
Fill in the notice for Montana in the generator, then read the rest of the state’s landlord law before you serve it.
Where Dardaris comes in
Most evictions start as one late payment. Dardaris sees it on day one.
It notices the missed rent the day it is due, sends the tenant a reminder, and if nothing comes, drafts the Montana notice with its 3 calendar days. You read it and sign; nothing goes out without you.
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Dardaris
The statutes
Montana eviction laws, with the statute behind each step
| Step | What the law says | Statute |
|---|---|---|
| Notice for unpaid rent | 3-day notice to pay rent or quit3 calendar daysPaying in full within the period stops itThe landlord may terminate only if the rent is not paid within 3 days after written notice. Notice sent by certified mail or certificate of mailing counts as served 3 days after mailing. | Mont. Code Ann. § 70-24-422(2) |
| Notice for a lease breach | 14-day notice to comply or quit14 calendar daysThe tenant can fix the breach within the periodA remediable breach fixed before the date in the notice keeps the tenancy. Shorter periods apply: 3 days for an unauthorized pet, unauthorized occupants, verbal abuse or damage to the premises, and 5 days with no cure for a repeat of the same breach within 6 months. | Mont. Code Ann. § 70-24-422(1), (3) |
| Notice to end a month-to-month tenancy | 30 days | MCA 70-24-441(2) |
| How a notice is served | delivery to the landlord's place of business (notice to a landlord only)email to the address given in the rental agreement, complete on a read receipt or a non-automatic replyin-hand deliverycertified mail or mail with a certificate of mailing to the designated or last-known address | Mont. Code Ann. § 70-24-108 |
| Court and action | justice court (city or district court also have jurisdiction)action for possession | Mont. Code Ann. §§ 70-24-427, 70-24-429(4) |
| Time to answer | 5 days | Mont. Code Ann. §§ 70-24-427, 70-24-429(4) |
| Hearing | within 10 business days after the tenant's appearance or the answer date, 5 business days when terminated for noncompliance under § 70-24-321(3); ruling within 5 days after the hearing | Mont. Code Ann. §§ 70-24-427, 70-24-429(4) |
| Time to appeal | Not confirmed from the statute | Not confirmed from the statute |
| Removal | writ of assistance issued immediately on judgment and executed by the sheriff within 5 business days after receipt | Mont. Code Ann. §§ 70-24-427, 70-24-429(4) |
| Self-help (lockouts, utilities) | BannedAn unlawful ouster, exclusion or purposeful interruption of heat, water, electricity, gas or other essential services lets the tenant recover possession or end the tenancy and recover the greater of 3 months' rent or treble damages. | Mont. Code Ann. § 70-24-411 |
Read against the official texts below on 1 November 2026. The month-to-month period was checked on 29 September 2026.
- https://mca.legmt.gov/bills/mca/title_0700/chapter_0240/part_0040/section_0220/0700-0240-0040-0220.html
- https://mca.legmt.gov/bills/mca/title_0700/chapter_0240/part_0010/section_0080/0700-0240-0010-0080.html
- https://mca.legmt.gov/bills/mca/title_0700/chapter_0240/part_0040/section_0410/0700-0240-0040-0410.html
- https://mca.legmt.gov/bills/mca/title_0700/chapter_0240/part_0040/section_0270/0700-0240-0040-0270.html
- https://mca.legmt.gov/bills/mca/title_0700/chapter_0240/part_0040/section_0290/0700-0240-0040-0290.html
- https://mca.legmt.gov/bills/mca/title_0700/chapter_0260/part_0010/section_0090/0700-0260-0010-0090.html
- https://mca.legmt.gov/bills/mca/title_0070/chapter_0010/part_0010/section_0110/0070-0010-0010-0110.html
- https://mca.legmt.gov/bills/mca/title_0700/chapter_0240/part_0040/section_0110/0700-0240-0040-0110.html
- https://mca.legmt.gov/bills/mca/title_0700/chapter_0250/part_0020/section_0020/0700-0250-0020-0020.html
- https://mca.legmt.gov/bills/mca/title_0700/chapter_0240/part_0030/section_0120/0700-0240-0030-0120.html
- https://mca.legmt.gov/bills/mca/title_0700/chapter_0250/part_0020/section_0060/0700-0250-0020-0060.html
- https://mca.legmt.gov/bills/mca/title_0700/chapter_0240/part_0020/section_0010/0700-0240-0020-0010.html
- https://mca.legmt.gov/bills/mca/title_0700/chapter_0240/part_0030/section_0010/0700-0240-0030-0010.html
Questions landlords ask about eviction in Montana
How long does an eviction take in Montana?
The notice for unpaid rent runs 3 calendar days before you can file. After that the court sets the pace, so there is no honest total: the hearing, the judgment and the removal follow the court’s calendar and the timing rules quoted on this page.
What notice does a Montana landlord serve for unpaid rent?
The 3-day notice to pay rent or quit, which gives the tenant 3 calendar days (Mont. Code Ann. § 70-24-422(2)). Paying everything owed inside the period ends the case, by statute.
Can a landlord change the locks in Montana?
No. Montana bans self-help eviction (Mont. Code Ann. § 70-24-411), so only the court process can remove a tenant. The exact limits are quoted on this page.
Where is an eviction filed in Montana?
In the justice court (city or district court also have jurisdiction), where the case is called action for possession (Mont. Code Ann. §§ 70-24-427, 70-24-429(4)).
How does a landlord end a month-to-month tenancy in Montana?
With 30 days’ notice (MCA 70-24-441(2)). If the tenant stays on after that, the eviction process on this page applies.
Can the tenant appeal an eviction in Montana?
No appeal deadline could be confirmed from the statute, so ask the clerk which one applies.
The eviction process in other states
- Michigan: 7 calendar days for unpaid rent
- Minnesota: 14 calendar days for unpaid rent
- Mississippi: 3 calendar days for unpaid rent
- Missouri: no notice before filing
- Nebraska: 7 calendar days for unpaid rent
- Nevada: 7 court days for unpaid rent
- New Hampshire: 7 calendar days for unpaid rent
- New Jersey: no notice before filing
General information, not legal adviceEviction law changes, and a court can read a statute differently from this summary. Check the current text and your local court’s rules, or ask a lawyer licensed in the state, before you serve a notice or file.
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