Outline of the Eviction Process in Montana

1. Grounds for Eviction

• Legal reasons required:
  • Non-payment of rent.
  • Lease violation (e.g., unauthorized pets, property damage).
  • Illegal activity (e.g., drug-related conduct, violent crime).
  • End of lease term (fixed-term or month-to-month).
  • Holdover tenancy (tenant remains after lease expires).
  • No-fault eviction (e.g., landlord wants to sell or occupy).
• Laws: Mont. Code Ann. § 70-24-101 to § 70-24-442 (Residential Landlord and Tenant Act); § 70-33-101 to § 70-33-444 (Mobile Home Lot Rental Act).

2. Notice to Quit

• Written notice served:
  • Non-payment: 3-day notice to pay or vacate.
  • Lease violation: 14-day notice to cure or vacate (if curable); 3-day for non-curable.
  • Month-to-month: 30-day notice to terminate.
  • No-fault/end of lease: 30-day notice.
  • Illegal activity: 5-day notice to vacate (no cure).
  • Holdover: 3-day notice to vacate.
• Delivery: Hand-delivered, mailed (certified mail), or posted on door.
• Tenant can cure by paying rent (within 3 days) or fixing violation (within 14 days).

3. Filing the Eviction Case

• File Complaint for Possession in District or Justice Court.
• Documents: Complaint, summons, Notice to Quit, lease, proof of service.
• Fee: ~$45–$120 (varies by court).
• Timing: After notice period expires (e.g., 4th day for 3-day notice).

4. Serving the Summons and Complaint

• Sheriff, constable, or process server serves papers 5 days before hearing.
• Methods: Personal delivery, left with resident (age 14+), or posted and mailed.
• Tenant has 10 days to file Answer or appear at hearing.

5. Court Hearing

• Held 10–20 days after filing.
• Landlord presents evidence; tenant raises defenses (e.g., improper notice, retaliation).
• Outcomes: Eviction granted, case dismissed, or agreement (e.g., payment plan).

6. Judgment and Execution

• Writ of Possession if landlord wins.
• Appeal: 5 days (requires bond).
• Writ issued: ~7–10 days post-judgment; sheriff serves 48-hour notice to vacate.

7. Physical Eviction

• Sheriff removes tenant; no mandatory storage (property may be placed on street or stored at landlord’s discretion).
• Tenant may reclaim stored property by paying costs.
• Law: Mont. Code Ann. § 70-24-422.

8. Tenant Protections

• Rights:
  • Cure violations (3 days for rent, 14 days for lease issues), defenses (retaliation, discrimination, uninhabitable conditions).
  • No self-help evictions (landlord penalties up to 3 months’ rent or triple damages).
• Resources:
  • Montana Legal Services Association (800-666-6899), mtlsa.org, courts.mt.gov.

Notes

• Disclaimer: General guide; consult a lawyer. Local ordinances may apply.
• Sources: Mont. Code Ann. § 70-24-101 to § 70-24-442, § 70-33-101 to § 70-33-444; courts.mt.gov; mtlsa.org.