The Notice to Vacate is a form letter, published with instructions by the Montana Judicial Branch, that a Montana landlord completes, signs and gives to a tenant to end the rental agreement. It covers month-to-month and week-to-week tenancies, unpaid rent and several kinds of lease violation, and it states how many days the tenant has to move out or, where the law allows, to fix the problem. On FillingPDF you can fill out the form online and download or print the completed PDF. The original packet is published by the Montana courts at courts.mt.gov.
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What is Notice to Vacate – Montana?
The notice to vacate is the Montana Judicial Branch form letter, packaged with instructions for landlords, that a landlord completes and signs to tell a tenant the rental agreement is ending and when the tenant must move out or remedy the violation.
The packet is titled "Giving Your Tenant Notice of Termination" and was prepared by the Montana Supreme Court Commission on Self-Represented Litigants and Montana Legal Services Association (MLSA). The instructions come first and the form letter itself begins on page 8 of the 14-page packet. You only need that one letter.
The letter has a paragraph for each situation: a month-to-month tenancy (30 days), a week-to-week tenancy (7 days), unpaid rent (3 days to pay or move out), a repeated violation within six months (5 days), activity that creates a reasonable potential of damage or injury (3 days), an unauthorized pet or person (3 days), damage to the premises (3 days) and any other noncompliance (14 days). Each paragraph cites the section of the Montana Code Annotated (MCA) behind it, and most let the landlord choose between terminating the tenancy and giving the tenant the chance to remedy.
The letter is a notice to the tenant, not a court filing. If the tenant stays, the landlord may sue for possession; the Montana courts list a separate Action for Possession Packet for that step.
Who needs to file Notice to Vacate – Montana?
Montana landlords use this letter when they want to terminate a rental agreement and the tenant has at least one of these conditions:
- a month-to-month or week-to-week tenancy;
- unpaid rent;
- substantially the same violation again, after notice of a violation within the last 6 months;
- activity on the premises, engaged in or knowingly allowed, that creates a reasonable potential of damage to the rental or injury to neighbors (Section 70-24-321(3), MCA);
- an unauthorized pet or person living in the rental;
- destroyed, defaced, damaged, impaired or removed parts of the premises;
- refusal of lawful access, or a lock removed, replaced or added without giving you a key;
- any other noncompliance with the rental agreement.
The letter works whether the tenant rents a house, room, apartment or mobile home.
Do not use it if the tenant owns a mobile home and rents only the lot from you. If the tenant has a federal rent subsidy, the instructions warn that the letter may not be right, because the tenant may have added protections under the federal housing program. The packet cannot replace a lawyer's advice, and the form says not to change the letter. Its use is restricted to not-for-profit purposes.
When to file Notice to Vacate – Montana
Give the letter when you decide to end the rental agreement because of one of the situations printed on it. The date on the letter is the date you mail or hand-deliver it. The notice period depends on the reason: 30 days for month-to-month, 7 days for week-to-week, 3 days for unpaid rent, unauthorized pet or person, damage and dangerous activity, 5 days for a repeated violation and 14 days for other noncompliance. If your rental agreement requires a longer notice than the chart, you must give the longer time.
Counting starts differently by delivery method. If you hand-deliver, the period starts the day after delivery; if you mail it, it begins on the 3rd day after mailing. Weekends and holidays count, but a period ending on a weekend or holiday continues to its end (Title 25, Ch. 20, Rule 6, MCA).
How to fill out Notice to Vacate – Montana
Confirm the form letter fits
Read the instructions first. Do not use the letter if the tenant owns a mobile home and rents only the lot, and check with a lawyer if the tenant has a federal rent subsidy.
Enter the date of the letter
At Date, write the date you mail or hand-deliver the notice letter.
Enter your name and address
Under From, write your name, street address or P.O. Box, city, state, ZIP and phone.
Enter the tenant and rental address
Under To, write the tenant's name, address and optional phone. In Re, enter the physical address of the rental property, and write the tenant's name after Dear.
Check the paragraph that fits
Check the box next to the situation that applies: month-to-month tenancy, week-to-week tenancy, unpaid rent, repeated violation, dangerous activity, unauthorized pet or person, damage, or other noncompliance.
Enter rent owed or describe the violation
For unpaid rent, write the total amount due after Rent: $. For the other situations, write the violation, activity, damage or noncompliance where the letter asks.
Choose to terminate or allow remedy
Where the letter offers both, check the box for ending the tenancy or the box allowing the tenant to remedy. If you allow a remedy, write the action the tenant must take.
Mark activity type or circle pet or person
For dangerous activity, check the box that applies or describe the activity. For an unauthorized occupant, circle "person" or "pet."
Sign the letter
Sign on the line marked "(sign your name)" and make sure every blank is filled in completely.
Review, download and copy
Check the dates and amounts, then download or print the completed PDF from FillingPDF. Keep one signed copy and deliver the letter as described under How to submit.
How to submit Notice to Vacate – Montana
The letter goes to the tenant, not to a court or agency. The instructions give three ways to deliver it: hand-delivery, mail and email.
- Hand-delivery: you must actually hand the letter to the tenant. The law does not allow taping it to the door, leaving it with a child or another person at the rental, or leaving it inside the rental. Bring two copies and ask the tenant to sign and date one as "received"; bringing a witness is a good idea. The notice period starts the day after delivery.
- Mail: use first-class mail with a certificate of mailing, or certified mail, and keep the Postal Service receipt as proof. The notice period begins on the 3rd day after you mail it.
- Email: allowed only if the tenant gave an email address in the rental agreement. Notice is complete on a read receipt generated by an email system, or on a reply that is not automatically generated.
Make and keep one copy of the signed letter, since you may have to prove notice in court. The instructions recommend reading Section 70-24-108, MCA, before choosing a method. FillingPDF lets you fill out and download the PDF; delivery follows the channels above.
Common mistakes to avoid
- Taping the letter to the door, leaving it with a child or another person, or leaving it inside the rental; the instructions say hand-delivery means handing it to the tenant.
- Counting mailed notice from the mailing date; the period begins on the 3rd day after mailing, so a 3-day notice mailed April 2 runs to April 8.
- Using the letter for a tenant who owns a mobile home and rents only the lot from you.
- Changing the wording of the form letter; the instructions warn that you might lose language you need.
- Giving a shorter notice than your rental agreement requires; if the agreement gives a longer time than the chart, you must give that time.
- Sending the notice by email when the tenant did not provide an email address in the rental agreement.
- Not keeping a copy of the signed letter, or the Postal Service receipt, which may be needed as proof in court.
- Removing the tenant, having someone else remove them, shutting off utilities or changing the locks without a court order.
- Leaving blanks unfilled or skipping the box for terminating versus allowing the tenant to remedy.
Frequently asked questions
What is a notice to vacate in Montana?
It is a letter from a landlord telling a tenant that the rental agreement is ending and by when the tenant must move out. The Montana Judicial Branch publishes a form letter for it, with instructions, covering month-to-month and week-to-week tenancies, unpaid rent and several lease violations.
How much notice must a Montana landlord give a tenant?
It depends on the reason: 30 days for month-to-month, 7 days for week-to-week, 3 days for unpaid rent, damage, dangerous activity or an unauthorized pet or person, 5 days for a repeated violation, and 14 days for other noncompliance. A longer period in your rental agreement controls.
Can I tape the notice to the tenant's door?
No. For hand-delivery the instructions say you must actually hand the letter to the tenant. The law does not allow taping it to the door, leaving it with a child or another person at the rental, or leaving it inside the rental.
When does the notice period start if I mail the letter?
It begins on the 3rd day after you mail it. For example, a 3-day notice mailed April 2 means the tenant is not required to vacate until April 8. Use first-class mail with a certificate of mailing, or certified mail, and keep the receipt.
Can I email a notice to vacate?
Yes, but only if the tenant gave an email address in the rental agreement. Notice by email is complete on a read receipt generated by an email system, or on a reply other than an automatically generated one.
Does the tenant get a chance to fix the problem?
Sometimes. For unpaid rent, an unauthorized pet or person, and other remediable violations, the tenant may remedy within the stated days or move out. If the tenant fixes a remediable noncompliance before the date in the notice, the rental agreement does not terminate (Section 70-24-422(1)(a), MCA).
What if the tenant does not move out after the notice?
You can sue the tenant in court for possession. You may not remove the tenant, have someone else remove them, shut off utilities or change the locks without a court order.
Can I use this notice for a mobile home lot?
Not if the tenant owns the mobile home and you rent only the lot. You can use it if you rent the tenant both the lot and the mobile home, or a house, room or apartment.
Can I fill out the Montana notice to vacate online?
Yes. You can fill out the PDF online on FillingPDF and download or print it. FillingPDF is an independent service and does not deliver the notice for you; you give it to the tenant by hand, mail or email as described in the instructions.
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