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(1)(a))

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 default of the rental agreement covering the premises described in Section 3 below for nonpayment of rent. Pursuant to Mont. Code Ann. § 70-24-422(1)(a), you must (a) pay the full amount of rent owed as itemized in Section 4 below, OR (b) deliver possession of the premises to the Landlord, within THREE (3) DAYS after service of this Notice, exclusive of the date of service.

IF YOU FAIL TO PAY THE FULL AMOUNT OWED OR DELIVER POSSESSION WITHIN 3 DAYS, THE RENTAL AGREEMENT WILL TERMINATE, and Landlord will commence a forcible entry and unlawful detainer action under Mont. Code Ann. § 70-27-101 et seq. to recover possession, unpaid rent, late fees, court costs, and attorney fees if permitted by the rental agreement or statute.

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 ☐ Fixed-term lease (expires [__/__/____]) ☐ Other: [____]

4. ITEMIZED RENT DEMAND

The following amounts are owed as RENT under the rental agreement and are demanded under this Notice:

5. CURE PERIOD AND DEMAND FOR POSSESSION

You have THREE (3) DAYS after service of this Notice (excluding the day of service) to:

(a) Pay the TOTAL DUE amount stated in Section 4 above in full to the Landlord at the address in Section 6; OR

(b) Quit and deliver possession of the Premises to the Landlord.

If the third day falls on a Saturday, Sunday, or Montana legal holiday, the period extends to the next business day (Mont. Code Ann. § 70-24-108).

Date by which payment or possession must be delivered: [__/__/____]

If you fail to do either, the rental agreement will terminate on the date stated above, and Landlord will file a forcible entry and unlawful detainer (FED) action under Mont. Code Ann. § 70-27-101 et seq. seeking:

☐ Restitution / possession of the Premises;

☐ All unpaid rent and late fees;

☐ Damages (including holdover damages at the per-diem rental rate);

☐ Court costs;

☐ Attorney fees, if recoverable under the rental agreement or by statute;

☐ Pre-judgment and post-judgment interest;

☐ Issuance of a Writ of Possession / Assistance directing the sheriff to remove you from the Premises.

6. METHOD AND PLACE OF PAYMENT

Payment of the TOTAL DUE must be tendered in certified funds (cashier's check, money order, or wire transfer) — personal checks may be refused — and delivered as follows:

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

☐ By mail (postmarked within 3 days, with receipt confirmation) to: [MAILING ADDRESS]

☐ By electronic payment at: [PORTAL/ACCOUNT INFO], with confirmation receipt

☐ Other (specify): [________________________________]

Partial payment does not waive Landlord's right to terminate the rental agreement and proceed with eviction unless Landlord expressly agrees in writing. Landlord reserves all rights under Mont. Code Ann. § 70-24-422.

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. You may avoid termination of the rental agreement by paying the full TOTAL DUE within the 3-day period.

(b) Habitability. Mont. Code Ann. § 70-24-303 imposes a non-waivable duty on the Landlord to keep the dwelling in a fit and habitable condition. If material habitability defects exist, you may have remedies under Mont. Code Ann. §§ 70-24-406 through 70-24-408 (rent reduction, repair-and-deduct, or termination after written notice and reasonable repair period).

(c) Retaliation. Mont. Code Ann. § 70-24-431 prohibits the Landlord from terminating the tenancy in retaliation for: (i) your complaint to a building or housing code enforcement agency; (ii) your written complaint to the Landlord under § 70-24-303; or (iii) your participation in a tenants' organization. A complaint within the past 6 months creates a rebuttable presumption of retaliation.

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

(e) Self-Help Prohibited. The Landlord may NOT lock you out, shut off utilities, or remove your property without a court order. Mont. Code Ann. § 70-24-411 entitles you to actual damages plus three months' rent (or treble damages, whichever is greater) and attorney fees if the Landlord engages in self-help.

(f) Defective Notice. If this Notice is materially defective (incorrect amount, wrong premises description, improper service, demand for non-rent items), it cannot support an eviction. Defenses must be raised at the FED hearing or in your Answer.

(g) Security Deposit. Mont. Code Ann. § 70-25-201 et seq. governs your security deposit. After move-out, the Landlord must return the deposit (with itemized list of any deductions) within 30 days, or 10 days if no deductions are claimed.

(h) Free Legal Help. Contact Montana Legal Services Association (1-800-666-6899; mtlsa.org), Montana Legal Help (montanalawhelp.org), or Montana Fair Housing (1-800-929-2611; montanafairhousing.org) for assistance. 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) accept any partial payment without waiving the right to proceed with eviction;

(b) recover all damages, costs, and attorney fees;

(c) pursue claims for waste, holdover damages, and post-termination occupancy;

(d) report the delinquency to consumer reporting agencies and tenant-screening databases as permitted by law;

(e) serve additional or alternative notices for non-monetary lease violations under Mont. Code Ann. § 70-24-422(1)(b)–(f).

Acceptance of a partial payment does not constitute a waiver, accord and satisfaction, or new tenancy unless the 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 3-Day Notice to Pay Rent 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 a copy in a conspicuous place at the Premises on [__/__/____] AND mailing a copy by first-class mail (and certified mail, return receipt requested) to the Tenant at the Premises 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

Computation of the 3-day period. Mont. Code Ann. § 70-24-108. The day of service is excluded. Counting begins on the next calendar day. Saturdays, Sundays, and Montana legal holidays count toward the period UNLESS the third day itself falls on a weekend/holiday — in which case the deadline extends to the next business day.

Acceptance of rent after notice. If the Landlord accepts full rent (without an express written reservation) after expiration of the 3-day period but before filing the FED action, this generally waives the termination and the Landlord must serve a new notice for any subsequent default.

Mobile home lots. Use Mont. Code Ann. § 70-33-422 notice for mobile home lot rentals (longer notice periods apply, typically 7 or 14 days for noncompliance, with separate cure rules).

Section 8 / HCV. Federally subsidized housing requires HUD-form 14-day notice and lease addenda; the 3-day Montana notice alone is insufficient.

Forum selection. The FED action may be filed in Justice Court (concurrent jurisdiction up to $15,000 — Mont. Code Ann. § 3-10-301) OR District Court of the county where the property is located (Mont. Code Ann. § 70-27-101). Justice Court is typically faster and cheaper. Either party may appeal to District Court within 30 days; appeals are heard de novo (Mont. R. App. P.; Title 25, Chapter 33).

Bad-check fees. Mont. Code Ann. § 27-1-717 governs bad-check service charges and treble damages for dishonored checks; these are separate from late fees.

Attorney fees. Recoverable only if the rental agreement so provides OR by statute (Mont. Code Ann. § 70-24-442 — prevailing party in some actions). Reciprocity rules under § 70-24-442 may give the tenant fees if the lease provides them only to the landlord.

2024–2025 amendments. Verify the current text of Title 70 at leg.mt.gov/bills/mca/title_0700/ before each use. The Legislature has periodically amended notice periods and FED procedures. As of 2026-04-26, the 3-day pay-or-quit period under § 70-24-422(1)(a) remains the controlling rule for Chapter 24 dwellings.

12. SOURCES AND REFERENCES

• Mont. Code Ann. § 70-24-422 (Noncompliance of tenant): https://mca.legmt.gov/bills/mca/title_0700/chapter_0240/part_0040/section_0220/0700-0240-0040-0220.html
• Mont. Code Ann. Title 70, Chapter 24 (Residential Landlord and Tenant Act): https://mca.legmt.gov/bills/mca/title_0700/chapter_0240/parts_index.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 25 (Security Deposits): https://mca.legmt.gov/bills/mca/title_0700/chapter_0250/parts_index.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
• 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
• Montana Fair Housing: https://www.montanafairhousing.org/
• City of Missoula Fair Housing: https://www.ci.missoula.mt.us/3093/Fair-Housing

END OF NOTICE