STATE OF MONTANA

NOTICE OF TERMINATION OF TENANCY

(Eviction Notice – Residential)

I. DOCUMENT HEADER

1. Parties
   1.1 Landlord: [LANDLORD LEGAL NAME], whose notice address is [LANDLORD ADDRESS] (“Landlord”).
   1.2 Tenant: [TENANT LEGAL NAME], currently in possession of the Premises defined below (“Tenant”).

2. Premises
   2.1 Street Address: [PROPERTY ADDRESS]
   2.2 County: [COUNTY], Montana

3. Rental Agreement
   3.1 Written/Oral Agreement dated [LEASE DATE] (the “Rental Agreement”).

4. Effective Date of Notice
   4.1 This Notice is issued and effective on [DATE OF NOTICE] (“Notice Date”).

5. Governing Law & Venue
   5.1 This Notice is governed by the Montana Residential Landlord & Tenant Act, Mont. Code Ann. Title 70, Ch. 24 (the “Act”).
   5.2 Any ensuing possession action shall be filed in the appropriate [NAME OF COUNTY] Justice Court or District Court sitting as the state housing court of competent jurisdiction.

II. DEFINITIONS

For purposes of this Notice, capitalized terms have the meanings set forth below.

“Act” – the Montana Residential Landlord & Tenant Act, Mont. Code Ann. § 70-24-101 et seq.
“Cure Date” – the last calendar day of the statutory notice period counted from, but not including, the Service Date.
“Premises” – the residential dwelling unit identified in Section I.2.
“Rent” – the periodic rental amount due under the Rental Agreement, plus any authorized late fees.
“Service Date” – the date on which this Notice is deemed served in accordance with Mont. Code Ann. § 70-24-108.

III. OPERATIVE PROVISIONS

3.1 Statutory Basis for Termination
Select ONE of the following grounds (and strike all others):

(a) Non-Payment of Rent – Mont. Code Ann. § 70-24-422(2).
(b) Material Non-Compliance with Rental Agreement OTHER THAN Rent – Mont. Code Ann. § 70-24-422(1).
(c) Dangerous/Criminal Activity – Mont. Code Ann. § 70-24-422(3).
(d) Holdover After Expiration of Tenancy – Mont. Code Ann. § 70-24-441.

3.2 Particulars of Violation
• Amount of unpaid Rent (if applicable): $[AMOUNT] through [DATE].
• Specific lease violation(s) (if applicable): [DESCRIPTION].
• Date dangerous/criminal activity occurred (if applicable): [DATE].

3.3 Statutory Notice & Cure Period

3.4 Tenant Action Required
a. Cure: Perform the required cure in full on or before the Cure Date; OR
b. Surrender: Peaceably vacate and deliver possession of the Premises to Landlord by 11:59 p.m. local time on the Cure Date; AND
c. Account Reconciliation: Pay all amounts that continue to accrue under the Rental Agreement until full surrender.

3.5 Failure to Comply
If Tenant fails to cure or surrender by the Cure Date, Landlord will file an action for possession, damages, and costs without further notice.

IV. REPRESENTATIONS & WARRANTIES

4.1 Landlord represents that:
a. Tenant is in default as stated in Section III;
b. All notices required of Landlord under the Rental Agreement and the Act (other than this Notice) have been given or are waived by the Act;
c. All amounts claimed are true, correct, and presently due.

4.2 Tenant’s warranties and covenants under the Rental Agreement remain in full force and effect.

V. COVENANTS & RESTRICTIONS

5.1 Tenant shall not commit waste, remove fixtures, or interfere with utilities pending surrender.
5.2 Tenant shall continue to comply with all health-and-safety obligations under Mont. Code Ann. § 70-24-321.

VI. DEFAULT & REMEDIES

6.1 Events of Default: Tenant’s failure to (i) cure the violation, or (ii) surrender possession by the Cure Date.
6.2 Remedies: Upon default, Landlord may seek:
a. Immediate possession pursuant to Mont. Code Ann. § 70-24-427;
b. Past-due Rent, holdover damages, costs, and statutory penalties;
c. Reasonable attorney’s fees as authorized by Mont. Code Ann. § 70-24-442(1).

VII. RISK ALLOCATION

Indemnification and liability caps are not applicable to this statutory notice.

VIII. DISPUTE RESOLUTION

8.1 Governing Law: Laws of the State of Montana.
8.2 Forum Selection: Exclusive venue in the state housing court of [NAME OF COUNTY], Montana.
8.3 Arbitration: Not available for possession actions under the Act.
8.4 Jury Waiver: Not applicable; parties retain all constitutional rights.
8.5 Injunctive Relief: Landlord expressly reserves the statutory remedy of eviction.

IX. GENERAL PROVISIONS

9.1 No Waiver: Acceptance of partial Rent after issuance of this Notice does not waive Landlord’s right to possession unless Landlord provides written waiver per Mont. Code Ann. § 70-24-431.
9.2 Severability: If any portion of this Notice is invalid, the remainder remains enforceable.
9.3 Entire Notice: This document supersedes prior oral or written notices concerning the default described herein.
9.4 Counterparts & Electronic Delivery: Delivery by PDF, facsimile, or email constitutes a valid counterpart for service, subject to Mont. Code Ann. § 70-24-108(3).

X. EXECUTION BLOCK

Executed this [DATE OF NOTICE].

_______________________________
[LANDLORD NAME]
Landlord or Authorized Agent

Title (if agent): ___________________

XI. CERTIFICATE OF SERVICE

I, [SERVER NAME], being of legal age, certify that on [SERVICE DATE] I served the foregoing Notice upon [TENANT NAME] as follows (check all that apply):

☐ Personal delivery to Tenant.
☐ Leaving a copy at the Premises with a person of suitable age and discretion.
☐ Posting conspicuously on the main entry of the Premises AND mailing a copy first-class postage prepaid to the Premises.
☐ Electronic delivery to an email address previously designated by Tenant for such notices, per Mont. Code Ann. § 70-24-108(3)(b).
☐ Certified mail, return receipt requested.

I declare under penalty of perjury under the laws of the State of Montana that the foregoing is true and correct.

_______________________________
Signature of Server

Date: __________________________