Montana 3-Day Notice to Pay Rent or Quit

MONTANA 3-DAY NOTICE TO PAY RENT OR QUIT

TABLE OF CONTENTS

1. Caption / Heading
2. Notice to Tenant
3. Identification of Premises
4. Itemized Rent Demand
5. Cure Period and Demand for Possession
6. Method and Place of Payment
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

3-DAY NOTICE TO PAY RENT OR QUIT

(Mont. Code Ann. § 70-24-422(2))

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 rent under the rental agreement covering the premises described in Section 3 below is unpaid when due. Under Mont. Code Ann. § 70-24-422(2), if the tenant fails to pay rent within 3 days after this written notice of nonpayment and of the Landlord's intention to terminate the rental agreement if the rent is not paid within that period, the Landlord may terminate the rental agreement, and the tenant shall vacate the premises if the Landlord terminates.

LANDLORD HEREBY GIVES NOTICE OF INTENTION TO TERMINATE THE RENTAL AGREEMENT if the rent itemized in Section 4 is not paid within that 3-day period. If the rent is not paid, Landlord may terminate the rental agreement and commence an action for possession under Mont. Code Ann. § 70-24-427 to recover possession, rent, and actual damages for breach of the rental agreement.

3. IDENTIFICATION OF PREMISES

The rental premises subject to this Notice are:

☐ Address: [________________________________]

☐ Unit / Apartment Number: [____]

☐ City: [________________________________]

☐ County: [________________________________], Montana

☐ ZIP Code: [____]

☐ Rental Agreement Date: [__/__/____]

☐ Type of Tenancy: ☐ Month-to-month ☐ Week-to-week ☐ Fixed-term lease (expires [__/__/____]) ☐ Other: [____]

4. ITEMIZED RENT DEMAND

RENT unpaid under the rental agreement and demanded under Mont. Code Ann. § 70-24-422(2):

Other amounts claimed but NOT required to be paid to comply with this Notice (informational only):

5. CURE PERIOD AND DEMAND FOR POSSESSION

You have THREE (3) DAYS after this Notice is given to pay the TOTAL UNPAID RENT DEMANDED stated in Section 4 above in full to the Landlord at the address in Section 6.

Computation. The day this Notice is served is excluded and the last day is included, unless the last day is a holiday, in which case it is also excluded (Mont. Code Ann. § 1-1-306). If the last day falls on a Saturday or a legal holiday, the act may be performed on the next business day (Mont. Code Ann. § 1-1-307). Montana legal holidays — including every Sunday — are listed at Mont. Code Ann. § 1-1-216. If this Notice is served by 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)) — count the 3-day cure period from that later date.

Date by which payment must be received: [__/__/____]

If the rent is not paid within that period, the Landlord may terminate the rental agreement, the tenant shall vacate the premises, and Landlord may file an action for possession under Mont. Code Ann. § 70-24-427 seeking:

☐ Possession of the Premises;

☐ Unpaid rent;

☐ Actual damages for breach of the rental agreement (Mont. Code Ann. § 70-24-427(1));

☐ 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)).

6. METHOD AND PLACE OF PAYMENT

Unless the rental agreement provides otherwise, rent is payable at the Landlord's address or by electronic funds transfer to an account designated for the payment of rent by the Landlord (Mont. Code Ann. § 70-24-201(2)(b)). Payment of the TOTAL UNPAID RENT DEMANDED may be delivered as follows:

☐ In person to: [LANDLORD/AGENT NAME] at [ADDRESS], during business hours [____]

☐ By mail to: [MAILING ADDRESS] — allow for delivery time; payment must be received within the cure period unless Landlord agrees otherwise in writing

☐ By electronic funds transfer to: [ACCOUNT/PORTAL INFO], with confirmation receipt

☐ Other (specify): [________________________________]

Partial payment. Acceptance of a partial payment does not, by itself, waive Landlord's right to terminate for the remaining unpaid rent, but Montana law recognizes waiver of the right to terminate in some circumstances (see Mont. Code Ann. § 70-24-423, Waiver of landlord's right to termination). Landlord should accept any partial payment only with an express written reservation of rights, and should consult counsel before doing so.

7. STATEMENT OF TENANT RIGHTS AND DEFENSES

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

(a) Right to Cure. Paying the full TOTAL UNPAID RENT DEMANDED within the 3-day period prevents termination under Mont. Code Ann. § 70-24-422(2).

(b) Habitability. Mont. Code Ann. § 70-24-303 requires the Landlord to make repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition, to maintain electrical, plumbing, sanitary, heating, ventilating, and air-conditioning facilities in good and safe working order, to supply running water and reasonable amounts of hot water at all times, and reasonable heat between October 1 and May 1. If the Landlord fails to comply in a way affecting health and safety, Mont. Code Ann. § 70-24-406 permits the tenant, after written notice, to terminate (not less than 30 days, if the breach is not remedied in 14 days; 3 working days in a case of emergency) or to make repairs costing not more than 1 month's rent and deduct the cost from rent if the Landlord has not repaired within a reasonable time. For a purposeful or negligent failure to supply heat, running water, hot water, electricity, gas, or other essential services, Mont. Code Ann. § 70-24-408 permits the tenant, after written notice, to procure substitute services and deduct their actual and reasonable cost, to recover damages based on the diminution in fair rental value, or to procure reasonable substitute housing and be excused from paying rent during the noncompliance.

(c) Retaliation — and its limits in a nonpayment case. Mont. Code Ann. § 70-24-431(1) prohibits a landlord from retaliating by increasing rent, by decreasing services, or by bringing or threatening to bring an action for possession after the tenant (i) has complained of a violation materially affecting health and safety to a governmental agency charged with enforcement of a building or housing code, (ii) has complained to the landlord in writing of a violation under § 70-24-303, or (iii) has organized or become a member of a tenants' union or similar organization. Evidence of such a complaint within 6 months before the alleged act of retaliation creates a rebuttable presumption of retaliation — but the presumption does not arise if the tenant made the complaint after notice of a proposed rent increase or diminution of services (§ 70-24-431(3)). Important: § 70-24-431(4)(b) expressly provides that subsections (1), (2), and (3) do not prevent a landlord from bringing an action for possession if the tenant is in default in rent.

(d) Fair Housing / 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 the Montana Human Rights Act, Mont. Code Ann. § 49-2-305(1), and may violate the federal Fair Housing Act, 42 U.S.C. § 3601 et seq. Section 49-2-305(5) further requires reasonable accommodations in rules, policies, practices, or services when necessary to allow a person with a disability equal opportunity to use and enjoy the housing.

(e) Self-Help Prohibited. The Landlord may not unlawfully remove or exclude the tenant from the premises or purposefully diminish services by interrupting heat, running water, hot water, electricity, gas, or other essential services. Under Mont. Code Ann. § 70-24-411, a tenant subjected to such conduct 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 in a chapter 24 action are governed by § 70-24-442.)

(f) Defective Notice. A notice that misstates the amount of rent due, misdescribes the premises, is not served by a method permitted under Mont. Code Ann. § 70-24-108, or demands non-rent charges as a condition of avoiding termination may not support termination under § 70-24-422(2). Defenses should be raised in the tenant's answer or at the hearing in the § 70-24-427 action.

(g) Security Deposit. Mont. Code Ann. § 70-25-202(1)(a) requires the Landlord, within 30 days after termination of the tenancy or within 30 days after surrender and acceptance of the premises, whichever occurs first, to provide a written list of any rent due and any damage and cleaning charges, delivered with payment of the difference between the deposit and the permitted charges. Under § 70-25-202(1)(b), if after inspection there are no damages, no cleaning required, and no unpaid rent, and the tenant can demonstrate that no utilities are unpaid, the Landlord must return the deposit within 10 days. Cleaning charges may not be deducted until written notice is given and the tenant has had 24 hours to complete the required cleaning (§ 70-25-201(3)). A tenant may sue for wrongful withholding under § 70-25-204, in which attorney fees may be awarded to the prevailing party at the court's discretion and the landlord bears the burden of proving tenant-caused damage.

(h) Free Legal Help. Contact Montana Legal Services Association (mtlsa.org), Montana Law Help (montanalawhelp.org), or Montana Fair Housing (montanafairhousing.org) for assistance. 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 Residential Tenants' Security Deposits Act (Title 70, chapter 25), and Montana common law, including without limitation the right to:

(a) apply any partial payment to the oldest unpaid rent, subject to Mont. Code Ann. § 70-24-423 and to an express written reservation of rights;

(b) recover unpaid rent, actual damages for breach of the rental agreement (Mont. Code Ann. § 70-24-427(1)), costs, and reasonable attorney fees as the prevailing party (Mont. Code Ann. § 70-24-442);

(c) deduct permitted charges from the security deposit as authorized by Mont. Code Ann. § 70-25-201, following the notice procedures that section requires;

(d) serve additional or alternative notices for non-monetary noncompliance under Mont. Code Ann. § 70-24-422(1) — 3 days for an unauthorized pet (§ 70-24-422(1)(b)), 3 days for unauthorized persons residing in the unit (§ 70-24-422(1)(c)), 14 days for other noncompliance (§ 70-24-422(1)(d)), 5 days where substantially the same act or omission recurs within 6 months (§ 70-24-422(1)(e)), and 3 days for verbal abuse of the landlord by a tenant (§ 70-24-422(1)(f));

(e) serve a 3-day notice under Mont. Code Ann. § 70-24-422(3) or (4) for destruction or damage to the premises in violation of § 70-24-321(2) or for conduct creating a reasonable potential of damage or injury to neighboring tenants in violation of § 70-24-321(3);

(f) 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 (Mont. Code Ann. § 70-24-422(7)).

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 3-Day Notice to Pay Rent 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 Tenant at 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

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, "except as it relates to forcible detainer as defined in 70-27-103(2) only and as it relates to forcible entry, does not apply to arrangements governed by chapter 24 of this title." The residential landlord's post-termination claim for possession, rent, and actual damages arises under Mont. Code Ann. § 70-24-427(1). Captioning a residential eviction as a "forcible entry and unlawful detainer" action, or grounding it on Title 70, chapter 27, is a substantive error.

Statutory hearing and writ deadlines. Under Mont. Code Ann. § 70-24-427(2)(a), an action for possession 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 rental agreement was terminated for noncompliance under § 70-24-321(3). A hearing for damages must be held within 45 days after possession and rent have been adjudicated (§ 70-24-427(2)(b)). The parties may stipulate to a continuance without an undertaking (§ 70-24-427(3)). The court must rule within 5 days after the hearing; if possession is granted, the court issues a writ of possession and writ of assistance immediately, and the sheriff must execute the writ of assistance within 5 business days of receipt (§ 70-24-427(4)).

Computation of the 3-day period. Mont. Code Ann. § 1-1-306 (exclude the first day, include the last unless the last day is a holiday) and § 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 the Notice is mailed with a certificate of mailing or by certified mail, service is considered made 3 days after mailing (§ 70-24-108(1)(d)), so the cure period runs from that constructive service date.

Forum. Justice courts have concurrent jurisdiction with the district courts within their respective counties in actions brought under Title 70, chapters 24, 25, and 33 (Mont. Code Ann. § 3-10-302). Note that § 3-10-302 is the operative grant for landlord-tenant actions; the general $15,000 civil limits in § 3-10-301 govern the ordinary money-judgment categories listed there. Appeal from a justice's or city court to the district court must be taken within 30 days after rendition of the judgment (Mont. Code Ann. § 25-33-102), and is tried anew in the district court (Mont. Code Ann. § 25-33-301(1)) — except that an appeal from a justice's court of record is on the record (§ 25-33-301(3), citing § 3-10-115). Confirm whether the county's justice court is a court of record before assuming trial de novo.

Attorney fees. Mont. Code Ann. § 70-24-442(1): in an action on a rental agreement or arising under chapter 24, reasonable attorney fees, together with costs and necessary disbursements, may be awarded to the prevailing party notwithstanding an agreement to the contrary. "Prevailing party" means the party in whose favor final judgment is rendered (§ 70-24-442(2)). This is an independent statutory basis — a fee award does not depend on a lease clause, and a lease clause purporting to make fees one-way does not control.

Mobile home lots. A tenancy governed by the Montana Residential Mobile Home Lot Rental Act (Title 70, chapter 33) uses a different notice regime. Nonpayment of rent, late charges, or common area maintenance fees carries a 7-day notice period under Mont. Code Ann. § 70-33-433(1)(a); notice is given under § 70-33-106; and the landlord's post-termination action for possession is § 70-33-427. Do not use this chapter 24 form for a mobile home lot tenancy.

Federally subsidized housing. Project-based and Housing Choice Voucher tenancies are subject to federal lease and termination requirements that may impose longer notice periods and additional grounds limits. Verify the applicable HUD requirements and the lease addendum; the 3-day Montana notice alone may be insufficient.

Dishonored payment. Mont. Code Ann. § 27-1-717 provides a service charge of not more than $30 for a check, draft, converted check, electronic funds transfer, or order that is dishonored (§ 27-1-717(2)), and, in a civil action, damages equal to the service charge plus the greater of $100 or three times the amount of the instrument — but damages may not exceed the value of the instrument by more than $500 (§ 27-1-717(3)). The damages remedy is available only if written demand was made at least 10 days before commencing the action and the issuer failed to tender the amount demanded (§ 27-1-717(4)).

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. The 2025 session amended § 70-24-201 (Ch. 768, L. 2025), § 70-25-201 (Ch. 656, L. 2025), and § 70-25-202 (Ch. 656, L. 2025); §§ 70-24-422, 70-24-427, 70-24-431, 70-24-441, and 70-24-442 were unchanged in 2025.

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. § 70-24-427 (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. § 70-24-201 (Rental agreement — terms and conditions): https://mca.legmt.gov/bills/mca/title_0700/chapter_0240/part_0020/section_0010/0700-0240-0020-0010.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. § 70-25-202 (List of damages and refund — delivery to departing tenant): https://mca.legmt.gov/bills/mca/title_0700/chapter_0250/part_0020/section_0020/0700-0250-0020-0020.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. § 1-1-306 (Computation of time): https://mca.legmt.gov/bills/mca/title_0010/chapter_0010/part_0030/section_0060/0010-0010-0030-0060.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. § 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