Montana Eviction Notice Forms – PDF
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Property owners must follow the relevant legal process to evict tenants and follow all State laws. They cannot evict tenants without doing so. Like most states, Montana requires different notice periods for different types of evictions.
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The first step in evicting a tenant is to give the tenant written notice that you are terminating the tenancy. The notice must state the time the tenant has to move out, and it must be hand delivered or mailed to the tenant.
In Montana, landlords must give tenants 30 days’ notice if the lease is month-to-month. With this type of lease, the landlord does not need a specific justification for the eviction.
Notices
- Failure to pay rent as stated in 70-24-422 requires a three-day notice, which gives the tenant three days to pay all rent due or move.
- Criminal and drug-related activity or anything as stated in 70-24-321(3), in addition to destroying property, warrant three-day notices.
- For other violations of the lease, there is a 14-day notice period.
Property owners may file an eviction lawsuit after the notice period has expired and the tenant has not corrected the violation or vacated. To do so, the owner must file a Summons and Complaint for an Action of Possession (See Packet). Within 10 days of receiving the Summons, the tenant must then file an Answer to the Complaint that denies or admits to the claims in the Complaint. The hearing will be scheduled to occur within 20 days after the tenant filed the answer.
If tenants do not file an answer, the judge will rule for the landlord, and the tenant will be evicted.
Both parties must attend the hearing as instructed on the Summons. Each party may try to prove his or her case by submitting relevant documents, testimony, or photographs. For example, copies of payment receipts, the lease, or photos of damage to the property can help prove claims that might support or belie an eviction. This includes defenses argued by the tenant.
However, the court may require your particular case to enter mediation. This is a process outside of the judicial system where an independent party will help the tenant and owner reach an agreement through a discussion.
If the case goes to the judge and the owner wins, the judge will order the tenant to move by a certain date. However, the tenant may appeal the decision within 30 days. If the tenant fails to do so, the owner can get a Writ of Assistance that compels the sheriff to forcibly remove the tenant. In addition, the judge could award court fees to the owner if it appears the tenant remained on the property in bad faith.
Sources
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