Montana 14-Day Notice to Cure or Quit (Material Noncompliance)

MONTANA 14-DAY NOTICE TO CURE OR QUIT

(Material Noncompliance — Mont. Code Ann. § 70-24-422(1))

TABLE OF CONTENTS

1. Caption / Heading
2. Notice to Tenant
3. Identification of Premises and Rental Agreement
4. Description of Noncompliance
5. Cure Required and Specific Steps
6. Termination Date if Not Cured
7. Statement of Tenant Rights and Defenses
8. Reservation of Rights
9. Signature and Date
10. Proof of Service
11. Montana Practice Notes
12. Sources and References

1. CAPTION / HEADING

STATE OF MONTANA

14-DAY NOTICE TO CURE OR QUIT

(Material Noncompliance — Mont. Code Ann. § 70-24-422(1))

Date of Notice: [__/__/____]

Premises Address: [STREET ADDRESS, UNIT/APT NO., CITY, COUNTY, MT, ZIP]

2. NOTICE TO TENANT

TO: [TENANT'S FULL LEGAL NAME], and all other occupants of the premises described below.

YOU ARE HEREBY NOTIFIED that you are in material noncompliance with the rental agreement and Mont. Code Ann. § 70-24-321 (Tenant duties) for the acts and omissions specifically described in Section 4 below.

PURSUANT TO Mont. Code Ann. § 70-24-422(1):

(a) You must CURE the noncompliance described in Section 4 — specifically, by taking the steps described in Section 5 — within FOURTEEN (14) DAYS after service of this Notice, exclusive of the date of service; OR

(b) You must QUIT and deliver possession of the Premises to the Landlord on or before [__/__/____] (the date that is at least 14 days after service).

IF YOU FAIL TO CURE OR QUIT within the 14-day period, the rental agreement will terminate on the date stated above, and Landlord will commence a forcible entry and unlawful detainer (FED) action under Mont. Code Ann. § 70-27-101 et seq. seeking possession, damages, costs, and attorney fees.

3. IDENTIFICATION OF PREMISES AND RENTAL AGREEMENT

Premises:

☐ Address: [________________________________]

☐ Unit / Apartment Number: [____]

☐ City: [________________________________]

☐ County: [________________________________], Montana

☐ ZIP: [____]

Rental Agreement:

☐ Date of Rental Agreement: [__/__/____]

☐ Type of Tenancy: ☐ Month-to-month ☐ Fixed-term lease ☐ Other: [____]

☐ Lease Term: [__/__/____] to [__/__/____]

☐ Monthly Rent: $[________]

☐ Lease Section(s) Allegedly Breached: [__________]

4. DESCRIPTION OF NONCOMPLIANCE

The Tenant is in material noncompliance with the following specific provisions of the rental agreement and/or Mont. Code Ann. § 70-24-321:

Lease Provision / Statutory Duty Allegedly Breached: [________________________________]

Specific Acts or Omissions (describe with date, time, place, witnesses, observable conditions; attach exhibits as needed):

Supporting Documentation Attached:

☐ Photographs (Exhibit A)

☐ Witness statements (Exhibit B)

☐ Inspection report (Exhibit C)

☐ Code enforcement notice (Exhibit D)

☐ Copies of prior warnings/communications (Exhibit E)

☐ Police/incident report (Exhibit F)

☐ Other: [________________________________]

5. CURE REQUIRED AND SPECIFIC STEPS

To avoid termination of the rental agreement, the Tenant must take ALL of the following actions within 14 days after service of this Notice:

Examples of cure actions (delete those not applicable):

☐ Remove unauthorized pet/animal from the Premises;

☐ Remove unauthorized occupant(s) from the Premises;

☐ Restore Premises to a clean and sanitary condition;

☐ Repair damage caused by Tenant or Tenant's guests at Tenant's expense, with itemized receipts;

☐ Cease specified conduct (e.g., smoking in non-smoking unit; excessive noise after [__]:00 [a.m./p.m.]; unauthorized commercial use of Premises);

☐ Provide Landlord with proof of cure (photographs, receipts, verification);

☐ Pay damages of $[________] to Landlord for [SPECIFY: e.g., cleaning costs, locksmith fees];

☐ Other: [________________________________]

If the noncompliance is fully and timely cured, the rental agreement will NOT terminate (Mont. Code Ann. § 70-24-422(1)).

6. TERMINATION DATE IF NOT CURED

If the Tenant fails to cure the noncompliance within 14 days after service of this Notice, the rental agreement TERMINATES on: [__/__/____].

The 14-day period is computed by excluding the date of service and counting forward 14 calendar days. If the 14th day falls on a Saturday, Sunday, or Montana legal holiday, the period extends to the next business day (Mont. Code Ann. § 70-24-108).

If the Tenant remains in possession after that date, Landlord will file a forcible entry and unlawful detainer action under Mont. Code Ann. § 70-27-101 et seq. seeking:

☐ Restitution / possession of the Premises;

☐ Damages (including holdover damages at the per-diem rental rate, repair costs, and consequential losses);

☐ Court costs;

☐ Attorney fees, if recoverable under the rental agreement (Mont. Code Ann. § 70-24-442 reciprocity);

☐ Pre-judgment and post-judgment interest;

☐ Issuance of a Writ of Possession / Assistance directing the sheriff to remove the Tenant.

7. STATEMENT OF TENANT RIGHTS AND DEFENSES

Tenants have rights under Montana law. You should consider the following before responding:

(a) Right to Cure. Mont. Code Ann. § 70-24-422(1). If you cure the noncompliance described in Sections 4–5 before the deadline, the rental agreement does not terminate. Document your cure with photographs, receipts, and written notice to the Landlord.

(b) Habitability Counter-Defense. If the alleged noncompliance results from the Landlord's failure to maintain the Premises (Mont. Code Ann. § 70-24-303), or from a defect outside your control, this may be a complete defense.

(c) Retaliation. Mont. Code Ann. § 70-24-431 prohibits termination in retaliation for: (i) your complaint to a code-enforcement agency; (ii) your written habitability complaint to the Landlord; or (iii) your participation in a tenants' organization. A complaint within the past 6 months creates a rebuttable presumption of retaliation.

(d) Discrimination. Eviction motivated by your race, color, religion, sex, national origin, familial status, disability, marital status, age, creed, or ancestry violates the Montana Human Rights Act (§ 49-2-305) and the federal Fair Housing Act (42 U.S.C. § 3601 et seq.). Missoula and Bozeman ordinances may protect additional classes (sexual orientation, gender identity, source of income).

(e) Reasonable Accommodation. If the conduct described relates to a disability, you may be entitled to a reasonable accommodation or modification under federal/state fair housing law before the Landlord may evict (e.g., emotional support animal, parking, schedule adjustments).

(f) Defective Notice. A notice that fails to describe the breach with reasonable specificity, that demands an impossible cure, or that mis-states the cure period or termination date may not support an eviction. Defenses must be raised at the FED hearing or in your Answer.

(g) Self-Help Prohibited. Mont. Code Ann. § 70-24-411. Landlord may NOT lock you out, shut off utilities, or remove your property without a court order. Tenant may recover actual damages plus three months' rent (or treble damages, whichever is greater) and attorney fees.

(h) Free Legal Help. Montana Legal Services Association (1-800-666-6899; mtlsa.org); Montana Lawhelp (montanalawhelp.org); Montana Fair Housing (1-800-929-2611). Solo and low-income tenants may qualify for free representation.

8. RESERVATION OF RIGHTS

Landlord expressly reserves all rights and remedies available under the rental agreement, the Montana Residential Landlord and Tenant Act of 1977 (Mont. Code Ann. Title 70, Chapter 24), the Montana Forcible Entry and Unlawful Detainer Act (Title 70, Chapter 27), and Montana common law, including without limitation the right to:

(a) serve a 5-day notice under Mont. Code Ann. § 70-24-422(1)(d) if substantially the same noncompliance recurs within 6 months;

(b) seek an injunction under Mont. Code Ann. § 70-24-422(2) for substantial damage to the Premises;

(c) recover damages for waste, repair costs, lost rent, and consequential damages;

(d) sue for breach of the rental agreement independently of possession;

(e) report the breach to consumer reporting agencies and tenant-screening databases as permitted by law.

Acceptance of any rent or partial cure does not waive Landlord's rights unless Landlord so agrees in a signed writing.

9. SIGNATURE AND DATE

Dated this [____] day of [_____________], [____].

LANDLORD / AUTHORIZED AGENT:

Signature: [________________________________]

Printed Name: [________________________________]

Title: ☐ Owner ☐ Property Manager ☐ Authorized Agent ☐ Attorney

Company: [________________________________]

Address: [________________________________]

Telephone: [________________________________]

Email: [________________________________]

10. PROOF OF SERVICE

The undersigned, being at least 18 years of age and not a party to this matter, served this 14-Day Notice to Cure or Quit on the Tenant(s) named above as follows:

☐ Personal service on Tenant on [__/__/____] at [____ a.m./p.m.] at [ADDRESS].

☐ Substituted service on a person of suitable age and discretion residing at the Premises, namely [NAME], on [__/__/____], AND mailing a copy by first-class mail to the Tenant at the Premises on the same date.

☐ Posting and mailing — When personal or substituted service was not possible after reasonable diligence, by posting in a conspicuous place at the Premises on [__/__/____] AND mailing a copy by first-class mail (and certified mail, return receipt requested) on the same date.

☐ Certified mail, return receipt requested to [ADDRESS] on [__/__/____], tracking no. [____].

☐ Other (specify): [________________________________]

Server:

Signature: [________________________________]

Printed Name: [________________________________]

Address: [________________________________]

Date of Proof: [__/__/____]

11. MONTANA PRACTICE NOTES

Choosing the right notice period. Misclassifying the breach is the most common mistake. If the conduct fits a 3-day category (unauthorized pet/occupant under § 70-24-422(1)(b); destruction or hazardous use under (1)(c); verbal abuse under (1)(f)), use that statutory subsection — not 14 days. If you want the safer/longer period, you may always use 14 days for a non-listed breach, but conduct that triggers a shorter unconditional notice may not be cured under § 70-24-422 if it falls within the destruction/abuse categories.

Repeat breaches. Mont. Code Ann. § 70-24-422(1)(d). If substantially the same noncompliance recurs within 6 months of a prior cured noncompliance, only 5 days' notice is required and the second notice is NOT subject to cure. Document the prior notice, the prior cure (if any), and the recurrence.

Substantial damage / hazardous use. Mont. Code Ann. § 70-24-422(2) authorizes injunctive relief in addition to termination. Photographs, repair estimates, and a sworn declaration are essential evidence.

Unauthorized occupants vs. unauthorized guests. A "guest" who stays beyond the lease's permissible visitor period typically becomes an "unauthorized occupant," triggering 3-day (not 14-day) notice. Lease language defining the guest cap is dispositive.

Acceptance of rent during cure period. Acceptance of rent that comes due during the 14-day cure window does NOT waive the noncompliance termination so long as the notice is for a non-monetary breach. After the termination date, however, accepting rent without an express written reservation typically waives termination.

Mobile home lots. Use Mont. Code Ann. § 70-33-432 / § 70-33-433 notice; periods differ (e.g., 7 days for disorderly conduct; 14 days for other noncompliance; 180 days / 6 months for change of use).

Forum. FED action may be filed in Justice Court (concurrent jurisdiction up to $15,000) or District Court of the county where the Premises are located. Mont. Code Ann. § 70-27-101.

2024–2025 amendments. Verify against the current Montana Code Annotated at leg.mt.gov.

12. SOURCES AND REFERENCES

• Mont. Code Ann. § 70-24-422 (Noncompliance — landlord's right of termination): https://mca.legmt.gov/bills/mca/title_0700/chapter_0240/part_0040/section_0220/0700-0240-0040-0220.html
• Mont. Code Ann. § 70-24-321 (Tenant maintenance duties): https://mca.legmt.gov/bills/mca/title_0700/chapter_0240/part_0030/section_0210/0700-0240-0030-0210.html
• Mont. Code Ann. § 70-24-411 (Self-help eviction prohibited): https://archive.legmt.gov/bills/mca/title_0700/chapter_0240/part_0040/section_0110/0700-0240-0040-0110.html
• Mont. Code Ann. § 70-24-431 (Retaliation prohibited): https://archive.legmt.gov/bills/mca/title_0700/chapter_0240/part_0040/section_0310/0700-0240-0040-0310.html
• Mont. Code Ann. Title 70, Chapter 27 (Forcible Entry and Detainer): https://archive.legmt.gov/bills/mca/title_0700/chapter_0270/parts_index.html
• Mont. Code Ann. Title 70, Chapter 33 (Mobile Home Lot Rental Act): https://mca.legmt.gov/bills/mca/title_0700/chapter_0330/parts_index.html
• Montana Department of Justice — Tenants and Landlords: https://dojmt.gov/office-of-consumer-protection/tenants-and-landlords/
• Montana Courts — Landlord-Tenant Forms: https://courts.mt.gov/Forms/landlord
• Montana Legal Services Association: https://www.mtlsa.org/
• Montana Lawhelp — Tenant Resources: https://www.montanalawhelp.org/issues/housing
• City of Missoula Fair Housing: https://www.ci.missoula.mt.us/3093/Fair-Housing

END OF NOTICE