Montana Five-Day Notice to Terminate for a Repeated Tenant Breach
MONTANA FIVE-DAY NOTICE TO TERMINATE FOR A REPEATED TENANT BREACH
Date of notice: [__/__/____]
To tenant(s): [FULL LEGAL NAME(S)]
Rental premises: [STREET ADDRESS, UNIT, CITY, MONTANA ZIP]
From landlord or authorized agent: [NAME AND MAILING ADDRESS]
Repeated noncompliance and termination
Under Mont. Code Ann. § 70-24-422(1)(e), the landlord gives written notice that the rental agreement will terminate on [DATE: __/__/____], at least five days after your receipt of this notice, because substantially the same act or omission identified in an earlier notice of noncompliance recurred within six months. You must vacate and surrender possession by that date unless the rental agreement does not terminate under § 70-24-422(1)(a), as explained below.
Earlier notice: On [__/__/____], the landlord gave notice identifying this noncompliance with the rental agreement or tenant obligations: [DESCRIBE THE EARLIER ACT OR OMISSION, THE AGREEMENT TERM OR DUTY, AND ITS EFFECT].
Earlier notice received: [DATE, METHOD, RECIPIENT, AND AVAILABLE PROOF]. A copy is ☐ attached ☐ available on request.
Current repeated act or omission: [STATE THE CONDUCT, DATE, PERSON, PLACE, AND WHY IT IS SUBSTANTIALLY THE SAME AS THE EARLIER NONCOMPLIANCE].
[____________________________________________________________]
Rental-agreement provision or tenant duty involved: [________________________________]
Available remedy, if the noncompliance is remediable by repairs, payment of damages, or written landlord approval: [DESCRIBE THE SPECIFIC REPAIR, PAYMENT, OR APPROVAL; IF NONE OF THOSE CAN REMEDY THE CONDUCT, EXPLAIN WHY]. Under § 70-24-422(1)(a), if this noncompliance is remediable in one of those ways and you remedy it before the termination date stated above, the rental agreement does not terminate.
If the rental agreement lawfully terminates and you remain in possession, the landlord may seek possession through a court action. This notice does not itself authorize removal or a lockout.
Landlord or authorized agent signature: ______________________________
Printed name and role: [________________________________]
Contact address or phone: [________________________________]
Date signed: [__/__/____]
Hand-delivery record
I delivered a copy of this written notice in hand to the tenant named below under Mont. Code Ann. § 70-24-108(1)(d). The termination date above is at least five days after the latest receipt recorded here.
| Tenant | Date received | Time | Place |
|---|---|---|---|
| [TENANT NAME] | [__/__/____] | [TIME] | [PLACE] |
| [TENANT NAME] | [__/__/____] | [TIME] | [PLACE] |
Person delivering notice: [PRINTED NAME AND ROLE]
Signature: ______________________________ Date: [__/__/____]
Official sources
- Mont. Code Ann. § 70-24-422(1)(a), (e) — remedy and five-day termination for repeated noticed noncompliance.
- Mont. Code Ann. § 70-24-108(1)(d) — hand delivery of notice.
- Mont. Code Ann. § 70-24-427(1) — possession claim after termination.
About this template
- Last updated
- October 27, 2026
- Citations checked
- October 27, 2026
- Jurisdiction
- Montana
- Category
- Landlord & Tenant
Legal authority
- Mont. Code Ann. § 70-24-422(1)(a), (e) (remedy and five-day termination for repeated noticed noncompliance)
- Mont. Code Ann. § 70-24-108(1)(d) (hand delivery of notice)
- Mont. Code Ann. § 70-24-427(1) (possession claim after termination)
Landlord-tenant paperwork governs who can stay in a property, on what terms, and what happens when something goes wrong. Leases, notices to quit, security deposit demands, and habitability complaints all have state and often city-specific requirements for timing, content, and service. Getting the paperwork right is what makes an eviction actually succeed or a security deposit actually come back, because judges regularly dismiss cases over small procedural mistakes.
Not legal advice
This template is provided for informational purposes. We recommend having an attorney review any legal document before signing, especially for high-value or complex matters.
Checked against the law it cites
A reviewer verified this template's legal citations against the official source on October 27, 2026.
Mont. Code Ann. § 70-24-422(1)(e) (checked October 27, 2026): "If substantially the same act or omission that constituted a prior noncompliance of which notice was given recurs within 6 months, the landlord may terminate the rental agreement upon at least 5 days' written notice specifying the noncompliance and the date of the termination of the rental agreement."
Mont. Code Ann. § 70-24-422(1)(a) (checked October 27, 2026): "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."
Mont. Code Ann. § 70-24-108(1)(d) (checked October 27, 2026): "in the case of a landlord or tenant, it is delivered in hand to the landlord or tenant or mailed with a certificate of mailing or by certified mail"
Mont. Code Ann. § 70-24-427(1) (checked October 27, 2026): "If the rental agreement is terminated, the landlord has a claim for possession, rent, and actual damages for any breach of the rental agreement."
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