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)(d))

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)(d))

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, pursuant to Mont. Code Ann. § 70-24-422(1), that you are in noncompliance with the rental agreement and/or with Mont. Code Ann. § 70-24-321 by reason of the acts and omissions specifically described in Section 4 below; that the rental agreement will terminate; and that you shall vacate the premises on the date specified in Section 6, which is not less than FOURTEEN (14) DAYS after your receipt of this Notice.

RIGHT TO CURE. Under Mont. Code Ann. § 70-24-422(1)(a), if the noncompliance is remediable by repairs, the payment of damages, or written approval of the Landlord, and you remedy the noncompliance before the date specified in this Notice, the rental agreement does not terminate.

IF YOU DO NOT REMEDY the noncompliance before that date, the rental agreement terminates as provided in this Notice, you shall vacate the premises, and Landlord may commence an action for possession under Mont. Code Ann. § 70-24-427 seeking possession, rent, and actual damages for breach of the rental agreement.

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 ☐ Week-to-week ☐ Fixed-term lease ☐ Other: [____]

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

☐ Monthly Rent: $[________]

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

☐ Statutory Duty Allegedly Breached: ☐ § 70-24-321(1)(a)–(g) ☐ Other: [__________]

4. DESCRIPTION OF NONCOMPLIANCE

The Tenant is in 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 prevent termination of the rental agreement, the Tenant must remedy the noncompliance before the termination date specified in Section 6 by taking ALL of the following actions:

Examples of cure actions (delete those not applicable):

☐ Restore the Premises to a clean and safe condition as required by Mont. Code Ann. § 70-24-321(1)(b);

☐ Dispose of ashes, garbage, rubbish, and other waste in a clean and safe manner (§ 70-24-321(1)(c));

☐ Clean plumbing fixtures (§ 70-24-321(1)(d));

☐ Cease unreasonable use of electrical, plumbing, sanitary, heating, ventilating, air-conditioning, or other facilities and appliances (§ 70-24-321(1)(e));

☐ Cease conduct disturbing neighbors' peaceful enjoyment of the premises, and require persons on the premises with your consent to do the same (§ 70-24-321(1)(f));

☐ Discontinue an unpermitted limited business or cottage industry operated without the Landlord's written consent (§ 70-24-321(1)(g));

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

☐ Pay damages of $[________] to Landlord for [SPECIFY];

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

☐ Other: [________________________________]

If the noncompliance is remediable and is remedied before the date specified in Section 6, the rental agreement does NOT terminate (Mont. Code Ann. § 70-24-422(1)(a)).

6. TERMINATION DATE IF NOT CURED

If the Tenant does not remedy the noncompliance before the following date, the rental agreement TERMINATES and the Tenant shall vacate the premises on: [__/__/____].

Computation. Under Mont. Code Ann. § 1-1-306, time is computed by excluding the first day and including the last, unless the last day is a holiday, in which case it is also excluded. Under § 1-1-307, if the appointed day falls on a holiday or a Saturday, the act may be performed on the next business day. Every Sunday is a legal holiday under § 1-1-216(1)(a). Where this Notice is mailed with a certificate of mailing or by certified mail, service is considered to have been made on the date 3 days after the date of mailing (Mont. Code Ann. § 70-24-108(1)(d)).

If the Tenant remains in possession after the termination date, Landlord may file an action for possession under Mont. Code Ann. § 70-24-427 seeking:

☐ Possession of the Premises;

☐ Rent (Mont. Code Ann. § 70-24-427(1));

☐ Actual damages for breach of the rental agreement (Mont. Code Ann. §§ 70-24-422(5), 70-24-427(1)), and treble damages if the Tenant's noncompliance is purposeful (§ 70-24-422(5)) — except that treble damages may not be recovered for the Tenant's early termination of the tenancy (§ 70-24-422(6));

☐ Injunctive relief (Mont. Code Ann. § 70-24-422(5));

☐ Court costs;

☐ Reasonable attorney fees to the prevailing party (Mont. Code Ann. § 70-24-442);

☐ Pre-judgment and post-judgment interest;

☐ Issuance of a writ of possession and writ of assistance directing the sheriff to remove the Tenant (Mont. Code Ann. § 70-24-427(4)).

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)(a). If the noncompliance is remediable by repairs, the payment of damages, or the Landlord's written approval, and you remedy it before the date specified in Section 6, 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 comply with Mont. Code Ann. § 70-24-303 — which requires the Landlord to make repairs and keep the premises fit and habitable, maintain electrical, plumbing, sanitary, heating, ventilating, and air-conditioning facilities in good and safe working order, supply running water and reasonable amounts of hot water at all times, and supply reasonable heat between October 1 and May 1 — or from a defect outside your control, that may be a defense. Section 70-24-321(1)(b) itself requires you to keep the premises only "as reasonably clean and safe as the condition of the premises permits." Tenant remedies for landlord noncompliance are at §§ 70-24-406 (notice, 14-day cure, termination not less than 30 days; 3 working days in an emergency; or repairs up to 1 month's rent deducted from rent) and 70-24-408 (essential services).

(c) Retaliation. Mont. Code Ann. § 70-24-431(1) prohibits a landlord from retaliating by increasing rent, decreasing services, or bringing or threatening to bring an action for possession after the tenant (i) complained of a violation materially affecting health and safety to a governmental agency charged with enforcement of a building or housing code, (ii) complained to the landlord in writing of a violation under § 70-24-303, or (iii) organized or became a member of a tenants' union or similar organization. Evidence of such a complaint within 6 months before the alleged retaliation creates a rebuttable presumption of retaliation, which does not arise if the complaint was made after notice of a proposed rent increase or diminution of services (§ 70-24-431(3)). The presumption does not bar an action for possession where the code violation was caused primarily by the tenant's lack of reasonable care, where the tenant is in default in rent, or where code compliance requires alteration, remodeling, or demolition depriving the tenant of use of the unit (§ 70-24-431(4)).

(d) Discrimination. Eviction motivated by sex, marital status, race, creed, religion, color, age, familial status, physical or mental disability, or national origin is an unlawful discriminatory practice under Mont. Code Ann. § 49-2-305(1) and may violate the federal Fair Housing Act, 42 U.S.C. § 3601 et seq.

(e) Reasonable Accommodation. Mont. Code Ann. § 49-2-305(5)(a)(ii) makes it discrimination because of physical or mental disability to refuse to make reasonable accommodations in rules, policies, practices, or services when the accommodations may be necessary to allow the person equal opportunity to use and enjoy the housing. Section 49-2-305(5)(a)(i) separately requires permitting reasonable modifications of the premises at the expense of the person with a disability, subject to a reasonable restoration condition. Montana also addresses emotional support animal documentation at Mont. Code Ann. § 70-24-114.

(f) Defective Notice. Section 70-24-422(1) requires the notice to specify the acts and omissions constituting the noncompliance, that the rental agreement will terminate, and the date by which the tenant must vacate — not less than the statutory minimum. A notice that fails to describe the breach, that states a termination date shorter than the applicable notice period, or that is not served by a method constituting notice under § 70-24-108 may not support termination. Raise defenses in your answer or at the hearing in the § 70-24-427 action.

(g) Self-Help Prohibited. Under Mont. Code Ann. § 70-24-411, if the Landlord unlawfully removes or excludes you from the premises or purposefully diminishes services by interrupting heat, running water, hot water, electricity, gas, or other essential services, you may recover possession or terminate the rental agreement and, in either case, recover an amount not more than 3 months' periodic rent or treble damages, whichever is greater; on termination the Landlord must return all security recoverable under Title 70, chapter 25, and all prepaid rent. (Section 70-24-411 contains no attorney fee provision; fees are governed by § 70-24-442.)

(h) Free Legal Help. Montana Legal Services Association (mtlsa.org); Montana Law Help (montanalawhelp.org); Montana Fair Housing (montanafairhousing.org). 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), and Montana common law, including without limitation the right to:

(a) terminate on at least 5 days' written notice specifying the noncompliance and the date of termination if substantially the same act or omission that constituted a prior noncompliance of which notice was given recurs within 6 months (Mont. Code Ann. § 70-24-422(1)(e));

(b) serve a 3-day notice for an unauthorized pet (§ 70-24-422(1)(b)), for unauthorized persons residing in the rental unit (§ 70-24-422(1)(c)), or for verbal abuse of the Landlord by a tenant (§ 70-24-422(1)(f));

(c) serve a 3-day notice under Mont. Code Ann. § 70-24-422(3) if the Tenant destroys, defaces, damages, impairs, or removes any part of the premises in violation of § 70-24-321(2), or under § 70-24-422(4) if the Tenant creates a reasonable potential that the premises may be damaged or destroyed or that neighboring tenants may be injured in violation of § 70-24-321(3);

(d) serve a 3-day notice for nonpayment of rent under Mont. Code Ann. § 70-24-422(2);

(e) recover actual damages and obtain injunctive relief for any noncompliance with the rental agreement or § 70-24-321, and treble damages if the noncompliance is purposeful (Mont. Code Ann. § 70-24-422(5)–(6));

(f) recover reasonable attorney fees, costs, and necessary disbursements as the prevailing party (Mont. Code Ann. § 70-24-442);

(g) elect instead to terminate a month-to-month tenancy on at least 30 days' written notice under Mont. Code Ann. § 70-24-441(2), or a week-to-week tenancy on at least 7 days' written notice under § 70-24-441(1) — Landlord is not bound by § 70-24-422 when electing the 30-day notice (§ 70-24-422(7)).

Landlord's rights are subject to Mont. Code Ann. § 70-24-423 (waiver of landlord's right to termination). Acceptance of rent or of a partial cure should be accompanied by an express written reservation of rights; consult counsel before accepting either.

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 served this 14-Day Notice to Cure or Quit on the Tenant(s) named above by a method constituting notice under Mont. Code Ann. § 70-24-108(1), as follows:

☐ Actual knowledge — the Tenant has actual knowledge of this Notice (§ 70-24-108(1)(a)). Describe basis: [________________________________]

☐ Delivered in hand to the Tenant on [__/__/____] at [____ a.m./p.m.] at [ADDRESS] (§ 70-24-108(1)(d)).

☐ Mailed with a certificate of mailing to the place indicated by the Tenant for receipt of communications, or in the absence of a designation, to the Tenant's last-known address, on [__/__/____] (§ 70-24-108(1)(d)). Service is considered made 3 days after the date of mailing.

☐ Certified mail to [ADDRESS] on [__/__/____], tracking no. [____] (§ 70-24-108(1)(d)). Service is considered made 3 days after the date of mailing.

☐ Electronic mail transmitted to the address the Tenant provided in the rental agreement, at [EMAIL], on [__/__/____] (§ 70-24-108(1)(c)). Notice by electronic mail is complete only on receipt of a read receipt generated by an electronic mail system, or an electronic mail reply other than an automatically generated reply. Attach the read receipt or reply: [________________________________]

Server:

Signature: [________________________________]

Printed Name: [________________________________]

Address: [________________________________]

Date of Proof: [__/__/____]

11. MONTANA PRACTICE NOTES

The § 70-24-422(1) notice-period map — verify against the statute before choosing. Section 70-24-422(1) sets the minimum notice period by category:

This form implements the 14-day period at § 70-24-422(1)(d) — the residual category. Note that § 70-24-422(1)(d) is defined by exclusion: it applies to noncompliance "not listed in subsection (1)(b), (1)(c), or (1)(f)." Recurrence under (1)(e) is a 5-day period, and it is not, as sometimes assumed, restricted to noncompliance that was previously cured — the text requires only that substantially the same act or omission "that constituted a prior noncompliance of which notice was given recurs within 6 months."

Cure applies to remediable noncompliance. Section 70-24-422(1)(a) is not limited to the 14-day category: "If the noncompliance is remediable by repairs, the payment of damages, or written approval of the landlord and the tenant remedies the noncompliance before the date specified in the notice, the rental agreement does not terminate." Section 70-24-422(1)(f) separately states that if the tenant adequately remedies verbal-abuse noncompliance, the agreement does not terminate. The 3-day notices under § 70-24-422(3) and (4) for destruction and hazardous conduct do not carry an express statutory cure right.

Damages and injunctive relief. Mont. Code Ann. § 70-24-422(5) — not (2) — is the source of actual damages, injunctive relief, and treble damages for purposeful noncompliance. Section 70-24-422(6) bars treble damages for the tenant's early termination of the tenancy.

This is a chapter 24 action, not an FED action. Mont. Code Ann. § 70-27-101(1) provides that the Forcible Entry and Unlawful Detainer chapter "does not apply to arrangements governed by chapter 24 of this title," except as to forcible entry and forcible detainer as defined in § 70-27-103(2). The landlord's post-termination claim arises under § 70-24-427(1).

Statutory hearing and writ deadlines. Under Mont. Code Ann. § 70-24-427(2)(a), the action must be heard within 10 business days after the tenant's appearance or the answer date stated in the summons — or within 5 business days if the termination was for noncompliance under § 70-24-321(3). A damages hearing must be held within 45 days after possession and rent are adjudicated (§ 70-24-427(2)(b)). The court must rule within 5 days after the hearing, and the sheriff must execute the writ of assistance within 5 business days of receipt (§ 70-24-427(4)).

Forum and appeal. Justice courts have concurrent jurisdiction with district courts in actions brought under Title 70, chapters 24, 25, and 33 (Mont. Code Ann. § 3-10-302). Appeal to the district court must be taken within 30 days after rendition of judgment (§ 25-33-102) and is tried anew (§ 25-33-301(1)) — except that an appeal from a justice's court of record is on the record (§ 25-33-301(3)). Confirm the county court's status before assuming trial de novo.

Attorney fees. Mont. Code Ann. § 70-24-442(1) permits reasonable attorney fees, costs, and necessary disbursements to the prevailing party in an action on a rental agreement or arising under chapter 24, notwithstanding an agreement to the contrary. This is an independent statutory basis; it does not depend on a lease clause, and a one-way lease fee clause does not control.

Mobile home lots. A Title 70, chapter 33 tenancy uses a different regime under Mont. Code Ann. § 70-33-433(1): 7 days for nonpayment of rent, late charges, or common area maintenance fees; 14 days for a rule violation not creating an immediate threat to health and safety; 24 hours for a rule violation creating an immediate threat; 30 days for a third late payment within 12 months; 14 days for a repeat immediate-threat violation; 30 days for two or more violations of the same rule within 6 months; 7 days for disorderly conduct disrupting others' peaceful enjoyment; 14 days for conduct endangering others or causing substantial damage; 14 days for certain convictions; 180 days for a change in land use (with the additional 15-day permit-hearing and 6-month notices under § 70-33-433(2)); and 90 days for any other legitimate business reason under § 70-33-433(1)(m). Notice is given under § 70-33-106 and the possession action is § 70-33-427. Do not use this chapter 24 form for a mobile home lot tenancy.

Current-law check. Verify the current text of Title 70 before each use. Verified against the Montana Code Annotated 2025 edition at mca.legmt.gov on 2026-08-01. Section 70-24-422 was last amended by Ch. 236 and Ch. 536, L. 2021; § 70-24-427 by Ch. 715, L. 2023; § 70-24-321 by Ch. 343, L. 2013. The 2025 landlord-tenant bills that would have revised § 70-24-422 (HB 776, HB 800) died in process; HB 444 (Ch. assigned, 2025) touched § 70-24-427.

12. SOURCES AND REFERENCES

• Mont. Code Ann. § 70-24-422 (Noncompliance of tenant generally — 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 to maintain dwelling unit): https://mca.legmt.gov/bills/mca/title_0700/chapter_0240/part_0030/section_0210/0700-0240-0030-0210.html
• Mont. Code Ann. § 70-24-427 (Landlord's remedies after termination — action for possession): https://mca.legmt.gov/bills/mca/title_0700/chapter_0240/part_0040/section_0270/0700-0240-0040-0270.html
• Mont. Code Ann. § 70-24-108 (What constitutes notice): https://mca.legmt.gov/bills/mca/title_0700/chapter_0240/part_0010/section_0080/0700-0240-0010-0080.html
• Mont. Code Ann. § 70-24-411 (Unlawful ouster, exclusion, or diminution of service): https://mca.legmt.gov/bills/mca/title_0700/chapter_0240/part_0040/section_0110/0700-0240-0040-0110.html
• Mont. Code Ann. § 70-24-431 (Retaliatory conduct by landlord prohibited): https://mca.legmt.gov/bills/mca/title_0700/chapter_0240/part_0040/section_0310/0700-0240-0040-0310.html
• Mont. Code Ann. § 70-24-442 (Attorney fees — costs): https://mca.legmt.gov/bills/mca/title_0700/chapter_0240/part_0040/section_0420/0700-0240-0040-0420.html
• Mont. Code Ann. § 70-27-101 (Application and jurisdiction — FED chapter does not apply to ch. 24): https://mca.legmt.gov/bills/mca/title_0700/chapter_0270/part_0010/section_0010/0700-0270-0010-0010.html
• Mont. Code Ann. § 70-33-433 (Mobile home lot — grounds for termination): https://mca.legmt.gov/bills/mca/title_0700/chapter_0330/part_0040/section_0330/0700-0330-0040-0330.html
• Mont. Code Ann. § 3-10-302 (Justice court jurisdiction over Title 70 ch. 24, 25, 33 actions): https://mca.legmt.gov/bills/mca/title_0030/chapter_0100/part_0030/section_0020/0030-0100-0030-0020.html
• Mont. Code Ann. § 49-2-305 (Discrimination in housing): https://mca.legmt.gov/bills/mca/title_0490/chapter_0020/part_0030/section_0050/0490-0020-0030-0050.html
• Montana Courts — Landlord-Tenant Forms: https://courts.mt.gov/Forms/landlord
• Montana Department of Justice — Tenants and Landlords: https://dojmt.gov/office-of-consumer-protection/tenants-and-landlords/
• Montana Legal Services Association: https://www.mtlsa.org/
• Montana Law Help — Housing: https://www.montanalawhelp.org/issues/housing
• Montana Fair Housing: https://www.montanafairhousing.org/

END OF NOTICE