Eviction In Montana

Eviction in Montana follows a legal process designed to protect the rights of both landlords and tenants. Whether you’re dealing with nonpayment of rent, lease violations, or criminal activity on the premises, landlords must follow specific procedures outlined in Montana law to initiate a lawful eviction. Skipping steps or failing to comply with legal notice requirements can result in dismissal, delays, or legal liabilities.

Montana law includes unique provisions landlords should be aware of. For example, different notice types and timelines apply depending on the reason for eviction, and court procedures may vary by county. Landlords are also prohibited from engaging in “self-help” evictions like changing locks or removing tenant belongings without a court order.

If you own and rent properties in the state of Montana, you are responsible for complying with all applicable Montana eviction laws and staying up to date on legal changes. In this article, we break down each step of the legal eviction process in Montana to help you navigate it properly.

Innago does not provide legal advice. The content and materials provided in this article are for general informational purposes only and may not be the most up-to-date information. Montana’s eviction laws can be found at MCA § 70-27-101 to 70-27-212.

Reasons for Eviction in Montana

Montana landlords can initiate eviction for several legally recognized reasons, including nonpayment of rent, lease violations, and illegal activity. These reasons are outlined in the Montana Code Annotated § 70-24-422 and related statutes under the Montana Residential Landlord and Tenant Act.

Nonpayment of Rent

One of the most common grounds for eviction in Montana is failure to pay rent. Rent is generally considered late the day after it is due unless the lease provides a grace period. If the tenant fails to pay, the landlord may serve a 3-day notice to pay or vacate. This notice gives the tenant three business days to either:

• Pay the rent in full
• Move out of the unit

If the tenant neither pays nor vacates, the landlord can file for formal eviction action in court.

Lease Violations

Montana landlords may evict tenants who violate the terms of the rental agreement. Typical lease violations include:

• Unauthorized pets or occupants
• Property damage beyond normal wear and tear
• Excessive noise or disturbances
• Failure to maintain the premises in a clean and safe condition

In most cases, the landlord must first issue a 3-day notice to cure or quit, giving the tenant a chance to fix the violation. If the problem is not resolved within the notice period, the landlord may begin the eviction process.

Illegal Activity

Certain actions by tenants or their guests, especially actions involving illegal or dangerous conduct. may result in immediate eviction. These include:

• Drug-related activity on the property
• Violent acts or threats to neighbors or other tenants
• Use of the property for unlawful business purposes

In cases involving illegal activity, Montana law permits landlords to issue a 24-hour unconditional quit notice, meaning the tenant must vacate without the opportunity to correct the issue. If they fail to leave, the landlord can promptly initiate legal eviction proceedings.

Holdover Tenants

If a tenant remains in the property after the lease has expired and without the landlord’s consent, they are considered a holdover tenant. In this case, the landlord can issue a 30-day notice to vacate (for month-to-month agreements) or file for eviction immediately if no lease or agreement remains in effect.

Additional Reading: Montana Landlord Tenant Rental Laws & Rights [2025]

Eviction Process in Montana

1. Landlord serves a three- to 14-day eviction notice.
2. Landlord files an eviction lawsuit with the court.
3. Court serves tenant a summons.
4. Tenant files an answer.
5. Landlord and tenant attend court hearing and receive judgment.
6. Writ of restitution/execution is issued.
7. Tenant moves out or sheriff returns to forcibly remove them.

According to Montana tenant landlord laws, tenants can be evicted for failing to pay rent, keeping unauthorized pets or residents in the rental unit, verbally abusing the landlord, violating another term of the lease, repeat violations, destroying/damaging the property, or posing a threat to other people or property.

1. Landlord Serves a Three- to 14-Day Eviction Notice

If any of the above lease violations occur, the landlord must first serve an eviction notice in Montana and state that the tenant has the appropriate number of days to remedy or cure the violation. There are five possible eviction notices a landlord may send in Montana:

• Rent Demand Notice: 3 days to pay or quit. If rent is unpaid when due, the landlord must deliver this notice stating the amount of unpaid rent required to remedy the breach and the date on which the lease will terminate if it is not paid (not less than three days after receipt of the notice) (MCA § 70-24-422(2)).
• Lease Violation Notice (Unauthorized pets/residents, verbal abuse): 3 days to cure or quit. If a tenant has an unauthorized pet or resident living in the unit or commits verbal abuse towards the landlord, the landlord should send a notice stating the breach and the date the lease will terminate if the breach is not fixed (MCA § 70-24-422(1(b, c, f))).
• Lease Violation Notice: 14 days to cure or quit. If a tenant violates a different lease term, the landlord must deliver this notice stating the breach the date on which the lease will terminate (not less than ten days after receipt of the notice). If the breach is remediable by repairs, payment of damages, or written approval of the landlord, the tenant should be given a chance to remedy the noncompliance before the lease terminates (MCA § 70-24-422(1)(a)).
• Repeated Lease Violations: 5 days to quit. If the tenant commits substantially the same violation within six months, the landlord should send this notice stating the violation and terminating the rental agreement after five days’ written notice (MCA § 70-24-422(1)(e)).
• Unconditional Notice to Quit: 3 days to quit. This notice gives no opportunity to “cure” the violation and applies if the tenant destroys, defaces, damages, impairs, or removes any part of the premises, or creates a reasonable potential that the premises could be damaged or neighboring tenants injured (MCA § 70-24-422(3-4)).

All Montana eviction notices must be served in one of the following manners as per MCA § 70-27-110:

1. Personal delivery to the tenant
2. If the tenant is not home, by leaving a copy of the notice with a person of suitable age and discretion at the premises AND mailing a copy
3. If none of the above methods are available, by posting a copy in a conspicuous place on the premises AND delivering a copy to any person there if someone can be found AND mailing a copy

For all evictions, the landlord may recover actual damages and reasonable attorney’s fees.

2. Landlord Files an Eviction Lawsuit with the Court

The next step in the Montana eviction process is filing a complaint in court. If the tenant has not cured the breach by the end of the notice period (or if the violation is uncurable and the notice period expires), the landlord can then file a Complaint for Possession (the eviction lawsuit) in Montana District or Justice’s Court of the county where the property is located (MCA § 70-27-101(2)). A copy of the Complaint and Summons may be downloaded here, under “Action for Possession Packet.”

In addition to other information, the complaint includes the following as per (MCA § 70-27-113(1)):

• The basis or reason for the eviction
• A description/address of the premises
• Any circumstances of fraud, force, or violence that accompanied the forcible entry/unlawful detainer
• The amount of rent due, if any

The landlord will also need to pay a filing fee, which varies depending on the court. In Montana District Courts, the fee is $90 (MCA § 25-1-201(1)(a)).

3. Court Serves Tenant a Summons

After the complaint is filed, the court will issue a summons (MCA § 70-27-113(2)). The summons includes:

• The names of all parties
• The name of the court
• The time and date of the hearing
• The nature of the action (eviction) and the relief sought
• A notification that the tenant should appear and answer in court within ten days of service
• A warning that if the tenant fails to appear, the relief sought will be taken against the tenant

Hearings scheduled in justice’s court must be held within ten days after the appearance/answer date stated in the summons. This means the hearing could be held up to 20 days after the summons is served, or longer if the tenant applies for a continuance and submits a bond to the court including all damages and rent (MCA § 70-27-202(1)).

Montana eviction law designates that the summons must be served to the tenant with a copy of the complaint by a sheriff or other person authorized to serve process in the typical manner for civil actions. It should be served personally to the tenant, or if they cannot be found, it should be served in one of the options listed above for delivery of eviction notices (MCA § 70-27-114).

4. Tenant Files an Answer

In Montana, a tenant who has been served a court summons must appear to file a written answer. An answer is a document explaining any defenses the tenant has against the eviction or their belief that the landlord’s case is invalid and why. Tenants must appear to submit this answer within ten days of receiving the summons. If they do not, the court will enter a default judgment in favor of the landlord and the tenant will be evicted (MCA § 70-27-117).

5. Landlord and Tenant Attend Court Hearing and Receive Judgment

On the day of the eviction hearing, the landlord should bring copies of the lease agreement, the eviction notice with proof of service, the complaint, and any evidence of the lease violation. Both the landlord and tenant will present their cases and any evidence to the judge, who will afterwards issue a judgment. Additionally, if an issue of fact is brought up (a disagreement about the facts of the case), the case must be tried by a jury, unless the court waives the requirement (MCA § 70-27-201).

If the judge/jury rules in the landlord’s favor, a judgment for the landlord’s restitution of the premises will be entered. Additionally, if the landlord claimed monetary damages (e.g., for unpaid rent or property damage), the tenant will be required to pay three times that amount (MCA § 70-27-205(2), § 70-27-206).

6. Writ of Restitution/Execution is Issued

For evictions due to nonpayment, the court must wait five days to issue an execution of the judgment. The tenant can pay the amount of rent/damages due with interest within those five days to avoid being evicted and keep possession; if they do not, the eviction will proceed. For all other evictions, the judgment can be enforced immediately (MCA § 70-27-205(3)).

7.  Tenant Moves Out or Sheriff Returns to Forcibly Remove the Tenant

After the execution is issued, it can be enforced at any time. Montana law does not state that tenants have any specific final notice period after the writ is posted by the sheriff at the rental property. Tenants may have a few hours to a few days to move out depending on how busy the sheriff’s office is, but they should generally expect to move out immediately after the execution is issued.

Evicting a Squatter in Montana

A squatter is a person who moves into a vacant or abandoned property without getting permission from the owner or paying rent. Squatters can usually be charged as criminal trespassers and be evicted like any other tenant. However, some squatters can receive the right to possession by meeting certain state-determined criteria. In Montana, squatters must have lived in the property and paid property taxes for five continuous years to invoke Montana squatters rights and claim right of possession (MRC § 70-19-401, § 70-19-411). Their possession must also meet the following criteria to have squatters rights in Montana:

• Hostile/Adverse—The squatter must not have a valid lease with the property managers
• Actual—The squatter must be actively residing on the property
• Open and Notorious—The squatter is openly and obviously living there.
• Exclusive—The squatter does not share possession of the property with anyone else.
• Continuous—The squatter must hold continuous and uninterrupted possession.

While relatively rare, if a squatter meets all these criteria, they have “color of title”: the right of legal ownership without having a written deed to the property. They can file an action for adverse possession in Montana to legally obtain the title to the property. However, in most cases, a squatter will not meet the criteria and can be removed. If you think a squatter is living in your vacant property in Montana, you should:

1. Call local law enforcement.
2. Determine whether the person is a trespasser or a squatter.
3. If the person is a trespasser, they can be removed immediately by a police officer.
4. If the person is a squatter, you must contact the sheriff’s office.
5. Send the squatter an eviction notice as per Montana eviction law.
6. If the squatter does not vacate the premises by the end of the notice period, file for eviction and follow the typical eviction process.
7. Only the sheriff can physically remove a squatter from your property. You cannot do so, and neither can a police officer.

Additional Reading: Montana Squatters' Rights & Adverse Possession Laws [2025]

How Much Does Eviction Cost in Montana?

This chart shows estimates of the approximate cost of an eviction in Montana, according to civil procedure in the state and iPropertyManagement. A highly accurate estimate of an eviction is impossible to provide, as cases and circumstances vary so widely. Remember to factor in other losses due to an eviction as well, such as lost rent, time, and stress.

ActionApproximate Cost (District Court)Approximate Cost (Justice’s Court)Filing fee $90  Varies by county Service of court summons by sheriff $5+ $5+ Issuance/service of writ of possession by sheriff $5+ $5+ Legal fees $500-$10,000 $500-$10,000 Average locksmith fees $160 $160 Storage fees for abandoned property Varies Varies Tenant turnover costs Varies Varies

How Long Does Eviction Take in Montana?

The chart below shows an estimate of the duration of each part of the Montana eviction process. Keep in mind that the length of eviction cases varies widely depending on the complexity of the eviction, the court’s current caseload, and whether or not the tenant contests or appeals the lawsuit.

Eviction Tips for Landlords

Eviction can be costly and time-consuming, so the best strategy is to prevent it when possible. Being proactive in tenant management and documentation can reduce the likelihood of legal disputes and help you maintain profitable, well-managed properties. Below are key tips for Montana landlords:

• Screen tenants thoroughly. Run credit, criminal background, eviction history, and income verification checks before signing a lease. This minimizes the risk of problematic tenancies.
• Perform regular inspections. Checking in on the property helps ensure lease compliance and gives you early warning of any issues.
• Use clearly written lease agreements. A lease written in plain language helps tenants understand their responsibilities and avoids ambiguity.
• Offer grace and flexibility when appropriate. If a tenant is struggling, short payment extensions or flexible solutions can often resolve issues without escalating to eviction.
• Communicate consistently. Keep open channels of communication. Tenants who feel heard are more likely to cooperate and resolve problems early.
• Explore alternatives first. Payment plans, mediation, or lease modifications can help avoid court while preserving your landlord-tenant relationship.

Additional Reading: Montana Background Checks & Screening Online

If eviction becomes necessary, you’ll want to ensure your case is as strong as possible. Here’s how to protect your legal standing, business, and profits:

• Know and follow all state rules. Serving the proper notices and meeting court deadlines is essential. Missteps can lead to dismissal of your case.
• Keep detailed records. Document all interactions with the tenant, including notices served, maintenance requests, and rent payment history. These will support your case in court.
• Use property management software. Digital tools can help automate rent reminders, track communications, and store documents securely for quick retrieval.
• Avoid illegal “self-help” evictions. Changing the locks, cutting utilities, or removing tenant belongings is illegal in Montana and could expose you to lawsuits or fines.

Conclusion

The eviction process in any state can be long and complex, so hiring an eviction attorney is advised in most cases. It’s also important to note that municipalities and local governments often have stricter laws and requirements for landlords, so be sure to check local statutes as well as state ones. However, by reviewing the legal procedures and Montana laws on eviction, you can feel more confident pursuing an eviction in this state.

Innago does not provide legal advice. The content and materials provided in this article are for general informational purposes only and may not be the most up-to-date information.

FAQs

What are the main reasons for eviction in Montana?

Montana landlords can evict tenants for nonpayment of rent, lease violations, or illegal activity on the premises. Specific reasons are outlined in the Montana Code Annotated § 70-24-422.

How long does the eviction process take in Montana?

The entire eviction process in Montana can take 1-2 months, depending on case complexity and court caseloads. The eviction notice period typically lasts 3-15 days.

Can a landlord perform a self-help eviction in Montana?

No, self-help evictions, like changing locks or removing tenant belongings without a court order, are illegal in Montana.

What should a landlord do if there is a squatter in their Montana property?

A squatter in Montana must have resided in the property and paid property taxes for five years in order to have any valid claim over the property. If you've been keeping up with your property and notice a squatter, they probably haven't met these criteria and can be removed quickly. You should contact local law enforcement and follow the appropriate eviction procedures to remove them.

What are the estimated costs of eviction in Montana?

Costs vary, but legal fees for an eviction in Montana can range from $500-$10,000, with additional fees for filing, summons service, and locksmiths.

How can landlords minimize eviction risks?

Landlords can reduce risks by screening tenants thoroughly, conducting regular inspections, and using clearly written leases. Communication and flexibility with tenants can also prevent disputes.

What documentation is needed for eviction court in Montana?

Landlords in Montana initiating an eviction case should bring lease agreements, eviction notices, and any evidence of lease violations to the court hearings to strengthen their case.

Court Documents

• Action for Possession Packet (Complaint and Summons)
• Notice to Vacate
• Writ of Assistance (Residential)

Additional Resources

• Montana District Courts Civil Fee Schedule – This document lists the various court costs in Montana District Courts.