Eviction Notice & Unlawful Detainer Complaint - Montana

MONTANA EVICTION NOTICE AND ACTION FOR POSSESSION PACKAGE

TABLE OF CONTENTS

1. Package Overview
2. Part A — Notice of Termination (Mont. Code Ann. §§ 70-24-422, 70-24-441)
3. Part B — Certificate / Affidavit of Service of Notice (§ 70-24-108)
4. Part C — Complaint / Action for Possession (§ 70-24-427)
5. Montana Practice Notes
6. Sources and References

1. PACKAGE OVERVIEW

This package contains (a) a pre-suit Notice of Termination under Mont. Code Ann. § 70-24-422 for tenant noncompliance or nonpayment, or § 70-24-441 for a no-cause periodic termination, and (b) a Complaint / Action for Possession under § 70-24-427. Section 3-10-302 gives justice courts concurrent jurisdiction with district courts in chapter 24 actions within their respective counties. Use the court process and the writ procedure in § 70-24-427(4); this package does not authorize self-help.

Scope gate:

☐ Counsel confirms that Title 70, chapter 24 governs the tenancy.

☐ Counsel has separately reviewed mobile-home-lot, subsidized-housing, federal, local, bankruptcy, fair-housing, accommodation, and military-status issues.

☐ The current filing court's official complaint, summons, service request, hearing-order, and judgment forms have been obtained.

Notice periods at a glance:

Mailing add-on (§ 70-24-108). If the notice is mailed with a certificate of mailing or by certified mail, service is considered made 3 days after the date of mailing, which delays when the notice period begins to run. Section 70-24-108 does not list door-posting as a method for this pre-suit notice — confirm the controlling method.

2. PART A — NOTICE OF TERMINATION (Mont. Code Ann. §§ 70-24-422, 70-24-441)

[CHECK ONE — select the statutorily prescribed ground and notice period]

• ☐ 3-DAY NOTICE TO PAY RENT OR QUIT (§ 70-24-422(2)) — nonpayment of rent
• ☐ 3-DAY NOTICE — UNAUTHORIZED PET (§ 70-24-422(1)(b))
• ☐ 3-DAY NOTICE — UNAUTHORIZED PERSONS (§ 70-24-422(1)(c))
• ☐ 3-DAY NOTICE — VERBAL ABUSE OF LANDLORD (§ 70-24-422(1)(f))
• ☐ 3-DAY NOTICE — DAMAGE / RISK OF DAMAGE OR INJURY (§ 70-24-422(3)–(4); § 70-24-321(2)–(3))
• ☐ 14-DAY NOTICE TO CURE OR QUIT (§ 70-24-422(1)(d)) — general remediable lease violation
• ☐ 5-DAY NOTICE — REPEAT VIOLATION (§ 70-24-422(1)(e)) — substantially similar violation within 6 months
• ☐ 30-DAY NO-CAUSE NOTICE (§ 70-24-441(2)) — month-to-month tenancy
• ☐ 7-DAY NO-CAUSE NOTICE (§ 70-24-441(1)) — week-to-week tenancy

NOTICE TO [TENANT(S) FULL LEGAL NAME(S)] AND ALL OCCUPANTS

Premises Address: [________________________________], [CITY], [COUNTY] County, Montana [ZIP] (the "Premises")

Date of Notice: [__/__/____]

Landlord / Owner / Agent: [________________________________]

Address for Payment / Notices: [________________________________]

Phone / Email: [________________________________]

IF 3-DAY NOTICE TO PAY RENT OR QUIT (§ 70-24-422(2))

You are hereby notified that rent in the amount of $[____] is unpaid and now due for the Premises described above. The landlord intends to TERMINATE the rental agreement if the rent is not paid within THREE (3) DAYS after this written notice. If you fail to pay the full amount of rent due within three (3) days — on or before [__/__/____] — the rental agreement will terminate and you must vacate the Premises.

IF 14-DAY NOTICE TO CURE OR QUIT (§ 70-24-422(1)(d))

You are hereby notified that you are in noncompliance with your rental agreement and/or § 70-24-321 in the following respect(s): [SPECIFY THE ACTS AND OMISSIONS CONSTITUTING THE NONCOMPLIANCE]. The rental agreement will terminate and you must vacate the Premises on [__/__/____], not less than FOURTEEN (14) DAYS after you receive this notice, UNLESS the noncompliance is remediable and you remedy it (by repairs, payment of damages, or written approval of the landlord) before that date.

Notice of repeat-violation consequence: If substantially the same act or omission recurs within six (6) months, the landlord may terminate the rental agreement on at least FIVE (5) DAYS' written notice without a further opportunity to cure (§ 70-24-422(1)(e)).

IF 3-DAY NOTICE (UNAUTHORIZED PET / PERSONS / VERBAL ABUSE) (§ 70-24-422(1)(b), (c), (f))

You are hereby notified that the rental agreement will terminate and you must vacate the Premises within THREE (3) DAYS after receipt of this notice because [DESCRIBE THE UNAUTHORIZED PET, UNAUTHORIZED PERSONS RESIDING IN THE UNIT, OR VERBAL ABUSE OF THE LANDLORD]. If the noncompliance is remediable and you adequately remedy it before the stated termination date, the rental agreement does not terminate.

IF 3-DAY NOTICE (DAMAGE / RISK OF DAMAGE OR INJURY) (§ 70-24-422(3)–(4))

You are hereby notified that the rental agreement will terminate and you must vacate the Premises within THREE (3) DAYS after receipt of this notice because [DESCRIBE THE DESTRUCTION, DEFACEMENT, DAMAGE, IMPAIRMENT, REMOVAL, OR CONDUCT CREATING THE STATUTORY RISK; IDENTIFY § 70-24-321(2) OR (3)].

IF 30-DAY / 7-DAY NO-CAUSE NOTICE (§ 70-24-441)

You are hereby notified that the [month-to-month / week-to-week] tenancy at the Premises is terminated without cause. You must vacate and deliver up possession on or before [__/__/____], which is at least [30 / 7] days before the termination date designated in this notice under § 70-24-441(2) for month-to-month tenancy or § 70-24-441(1) for week-to-week tenancy. The tenancy terminates on the designated date without regard to the expiration of the period for which rent was paid (§ 70-24-441(3)).

SIGNATURE BLOCK — NOTICE

Dated: [__/__/____]

____________________________________

[LANDLORD / AGENT NAME], [TITLE]

3. PART B — CERTIFICATE / AFFIDAVIT OF SERVICE OF NOTICE (§ 70-24-108)

I, [SERVER NAME], certify (or being duly sworn, state) that on [__/__/____] I served the foregoing Notice on [TENANT NAME] in the manner indicated below, as authorized by Mont. Code Ann. § 70-24-108:

• ☐ Hand delivery in person to the tenant.
• ☐ Mailing with a certificate of mailing or by certified mail to the address the tenant designated for receipt or the tenant's last-known address (service deemed made 3 days after mailing).
• ☐ Electronic mail to an email address the tenant provided in the rental agreement. Notice was completed by: ☐ system-generated read receipt ☐ non-automated email reply, received on [DATE].

____________________________________

[SERVER NAME]

Address: [________________________________]

4. PART C — COMPLAINT / ACTION FOR POSSESSION (§ 70-24-427)

MONTANA [JUSTICE COURT / DISTRICT COURT], [________________] COUNTY

Cause No.: [________________________________]

COMPLAINT — ACTION FOR POSSESSION AND FOR RENT AND DAMAGES

(Mont. Code Ann. §§ 70-24-422, 70-24-427)

Plaintiff alleges:

GENERAL ALLEGATIONS

1. Plaintiff is the [owner / landlord / authorized agent] of the residential rental Premises located at [ADDRESS], [CITY], [COUNTY] County, Montana [ZIP].

2. Defendant [TENANT NAME] entered into possession of the Premises pursuant to a [written / oral] rental agreement dated [__/__/____] at a rent of $[____] per [month / week], payable in advance.

3. The Premises [☐ is / ☐ is not] subject to the Montana Residential Landlord and Tenant Act, Mont. Code Ann. Title 70, ch. 24.

4. Plaintiff and counsel confirmed before filing that no unaddressed mobile-home-lot, subsidized-housing, federal, local, bankruptcy, fair-housing, accommodation, or military-status rule changes the notice or possession route alleged below.

CLAIM FOR POSSESSION

5. Plaintiff realleges paragraphs 1 through 4.

6. Defendant is in noncompliance and the rental agreement has terminated because Defendant has [☐ failed to pay rent of $[____] within 3 days after notice (§ 70-24-422(2)) / ☐ failed to cure a noncompliance within 14 days (§ 70-24-422(1)(d)) / ☐ kept an unauthorized pet, allowed unauthorized persons, or verbally abused the landlord (§ 70-24-422(1)(b),(c),(f)) / ☐ damaged the premises or created a risk under § 70-24-321 (§ 70-24-422(3)–(4)) / ☐ held over after a no-cause periodic termination (§ 70-24-441)].

7. On [__/__/____], Plaintiff served upon Defendant the statutorily required [3-day / 14-day / 5-day / 30-day / 7-day] Notice pursuant to Mont. Code Ann. § [70-24-422 / 70-24-441], served as authorized by § 70-24-108. A true and correct copy of the Notice is attached as Exhibit A, and the proof of service is Exhibit B.

8. The notice period has expired and the rental agreement has terminated; Defendant has failed to [pay the rent / cure the noncompliance / vacate the Premises] and unlawfully continues in possession.

9. Plaintiff is entitled to recover possession of the Premises under Mont. Code Ann. § 70-24-427. If possession is granted, § 70-24-427(4) directs the court to issue a writ of possession and writ of assistance immediately.

WHEREFORE, on the claim for possession, Plaintiff demands judgment for possession of the Premises, issuance of a writ of possession / restitution, and costs.

CLAIM FOR RENT AND DAMAGES

10. Plaintiff realleges paragraphs 1 through 9.

11. Defendant owes Plaintiff $[____] in unpaid rent through [__/__/____], plus rent and the reasonable value of use and occupancy continuing to accrue at $[____] per [day / month] until possession is surrendered.

12. Defendant is further liable for $[____] in actual damages based on [FACTS].

13. Complete only a factually supported statutory-damages route:

☐ Defendant's chapter 24 noncompliance was purposeful, and Plaintiff requests treble damages under § 70-24-422(5). The claim is not based on the tenant's early termination, for which subsection (6) bars treble damages.

☐ After a cause termination of a term longer than month-to-month, Defendant's holdover was purposeful and not in good faith; Plaintiff requests the remedy in § 70-24-429(2): not more than 3 months' periodic rent or treble damages, whichever is greater.

☐ After a lawful no-cause 30-day termination of a month-to-month tenancy, Defendant remained after the termination date; Plaintiff requests the remedy in § 70-24-429(3): not more than 3 months' periodic rent or treble damages, whichever is greater.

☐ No enhanced statutory damages are requested.

14. Under § 70-24-442, reasonable attorney fees, costs, and necessary disbursements may be awarded to the party in whose favor final judgment is rendered, notwithstanding an agreement to the contrary.

WHEREFORE, on the claim for rent and damages, Plaintiff requests judgment for the pleaded unpaid rent, use and occupancy, actual damages, any properly selected statutory remedy above, recoverable attorney fees and costs, and other relief supported by current law.

SIGNATURE — COMPLAINT

Dated: [__/__/____]

____________________________________

[PLAINTIFF / ATTORNEY NAME]

☐ Plaintiff, pro se ☐ Attorney for Plaintiff, Montana Bar No. [________]

Address: [________________________________]

Telephone: [________________________________]

Email: [________________________________]

5. MONTANA PRACTICE NOTES

• Two-statute structure. Notice periods come from § 70-24-422 (cause) and § 70-24-441 (no-cause periodic); the eviction lawsuit (action for possession) is governed by § 70-24-427. Both must be satisfied.
• 3 days for nonpayment (§ 70-24-422(2)). The notice must state the nonpayment and the landlord's intention to terminate if rent is not paid within 3 days. If mailed, add the § 70-24-108 3-day mailing rule before the 3-day clock begins.
• 14 days for general lease violations (§ 70-24-422(1)(d)). A tenant who timely remedies a remediable noncompliance avoids termination. Shorter 3-day notices apply to an unauthorized pet, unauthorized persons, verbal abuse, and damage/risk under § 70-24-321; a 5-day notice applies to a repeat of substantially the same violation within 6 months.
• No-cause periodic termination (§ 70-24-441). At least 30 days for month-to-month or 7 days for week-to-week. If the landlord elects the 30-day route, § 70-24-422(7) says the landlord is not bound by § 70-24-422. Retaliation must still be analyzed under § 70-24-431. Its presumption does not arise when the tenant complained after notice of a proposed rent increase or service reduction, and subsection (4)(b) does not prevent a possession action when the tenant is in default in rent.
• Service of notice (§ 70-24-108). Actual knowledge; the landlord's specified place of business; in-hand delivery; certificate-of-mailing or certified mail (deemed served 3 days after mailing); or email to an address provided in the rental agreement, completed only by a read receipt or non-automated reply. Door-posting is not listed.
• Time computation. Section 1-1-306 excludes the first day and includes the last unless the last is a holiday; § 1-1-307 addresses a holiday or Saturday performance date, and § 1-1-216 identifies Montana holidays and business days. Calendar the mailing add-on before computing the notice period.
• Where to file & fees. Section 3-10-302 gives justice courts concurrent jurisdiction with district courts in chapter 24 actions within their respective counties. Confirm the proper court, current official packet, local rules, and fees with the clerk before filing.
• Hearing timing. The action must be heard within 10 business days after the tenant's appearance or the answer date in the summons, with a faster 5-business-day hearing when termination is based on damage/criminal conduct under § 70-24-321(3).
• 5 business days to answer (2023 change). As of May 22, 2023, a tenant has only 5 business days after service to file an Answer. Calendar accordingly.
• Damages. Section 70-24-422(5) supplies actual damages and, for purposeful noncompliance, treble damages, subject to subsection (6). Section 70-24-429(2)–(3) supplies distinct holdover remedies stated as not more than 3 months' periodic rent or treble damages, whichever is greater. Do not combine the routes without counsel's analysis.
• Writs (§ 70-24-427(4)). The court rules within 5 days after the hearing. If possession is granted, the writ of possession and writ of assistance issue immediately; the sheriff executes the writ of assistance within the statutory 5-business-day window.
• Official packet. The Montana Judicial Branch currently publishes an Action for Possession packet containing a complaint, summons, request to serve, order setting hearing, and judgment. Use the current court forms and reconcile any older instruction text against the current code.

6. SOURCES AND REFERENCES

• Mont. Code Ann. § 70-24-422 (noncompliance; termination — 3/14/5-day notices) — https://mca.legmt.gov/bills/mca/title_0700/chapter_0240/part_0040/section_0220/0700-0240-0040-0220.html
• Mont. Code Ann. § 70-24-441 (periodic tenancy — 30/7-day notices) — https://mca.legmt.gov/bills/mca/title_0700/chapter_0240/part_0040/section_0410/0700-0240-0040-0410.html
• Mont. Code Ann. § 70-24-108 (notice — methods of service) — https://mca.legmt.gov/bills/mca/title_0700/chapter_0240/part_0010/section_0080/0700-0240-0010-0080.html
• Mont. Code Ann. § 70-24-427 (action for possession and writs) — https://mca.legmt.gov/bills/mca/title_0700/chapter_0240/part_0040/section_0270/0700-0240-0040-0270.html
• Mont. Code Ann. § 70-24-429 (holdover remedies and answer period) — https://mca.legmt.gov/bills/mca/title_0700/chapter_0240/part_0040/section_0290/0700-0240-0040-0290.html
• Mont. Code Ann. §§ 70-24-431, 70-24-441, and 70-24-442 — https://mca.legmt.gov/bills/mca/title_0700/chapter_0240/part_0040/sections_index.html
• Mont. Code Ann. § 3-10-302 — https://mca.legmt.gov/bills/mca/title_0030/chapter_0100/part_0030/section_0020/0030-0100-0030-0020.html
• Montana Judicial Branch — Landlord/Tenant forms (official Action for Possession packet and related forms) — https://courts.mt.gov/forms/landlord

Disclaimer: This template is provided for informational purposes only and does not constitute legal advice. A Montana-licensed attorney must review and customize this package before service or filing. Mobile-home lot and subsidized-housing tenancies follow additional rules; verify current notice periods, service methods, court filing fees, the 5-business-day answer deadline, and any CARES Act requirements before use.

Last Updated: 2026-08-11