Montana eviction notice and late fee rules

Notice for unpaid rent

3 days — If rent is unpaid when due and the tenant fails to pay within 3 days after written notice of nonpayment and intent to terminate, the landlord may terminate and the tenant must vacate.

Ending a month-to-month tenancy

A week-to-week tenancy may be ended with written notice at least 7 days before the termination date; a month-to-month tenancy with at least 30 days' written notice before the termination date.

Late-fee limit

No statutory cap found

Grace period before a late fee

None found in the statutes we read

Notice for unpaid rent

If rent is unpaid when due and the tenant fails to pay within 3 days after written notice of nonpayment and intent to terminate, the landlord may terminate and the tenant must vacate.

“If rent is unpaid when due and the tenant fails to pay rent within 3 days after written notice by the landlord of nonpayment and 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 the rental agreement.”
Mont. Code Ann. § 70-24-422(2) (2025)

Paying to stop an eviction

If the noncompliance is remediable by repairs, payment of damages, or the landlord's written approval, and the tenant remedies it before the date in the notice, the rental agreement does not terminate.

“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. § 70-24-422(1)(a) (2025)

Notice for other lease violations

For noncompliance other than unauthorized pets, unauthorized occupants, or verbal abuse, the notice period is 14 days.

“If the noncompliance is not listed in subsection (1)(b), (1)(c), or (1)(f), the notice period is 14 days.”
Mont. Code Ann. § 70-24-422(1)(d) (2025)

For an unauthorized pet or unauthorized persons residing in the unit, the notice period is 3 days.

“(b) If the noncompliance involves an unauthorized pet, the notice period is 3 days. (c) If the noncompliance involves unauthorized persons residing in the rental unit, the notice period is 3 days.”
Mont. Code Ann. § 70-24-422(1)(b)-(c) (2025)

If substantially the same noncompliance recurs within 6 months, the landlord may terminate on at least 5 days' written notice.

“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)(e) (2025)

Ending a month-to-month or other periodic tenancy

A week-to-week tenancy may be ended with written notice at least 7 days before the termination date; a month-to-month tenancy with at least 30 days' written notice before the termination date.

“(1) The landlord or the tenant may terminate a week-to-week tenancy by a written notice given to the other at least 7 days before the termination date specified in the notice. (2) The landlord or the tenant may terminate a month-to-month tenancy by giving to the other at any time during the tenancy at least 30 days' notice in writing prior to the date designated in the notice for the termination of the tenancy.”
Mont. Code Ann. § 70-24-441(1)-(2) (2025)

Lockouts and utility shutoffs

If a landlord unlawfully removes or excludes the tenant or purposefully interrupts heat, water, electricity, gas or other essential services, the tenant may recover possession or terminate and recover up to 3 months' periodic rent or treble damages, whichever is greater.

“If a landlord unlawfully removes or excludes the tenant from the premises or purposefully diminishes services to the tenant by interrupting or causing the interruption of heat, running water, hot water, electricity, gas, or other essential services, the tenant 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.”
Mont. Code Ann. § 70-24-411 (2025)

Retaliation

Except as provided, a landlord may not retaliate by increasing rent, decreasing services, or bringing or threatening a possession action after the tenant actions listed in the statute.

“Except as provided in this section, a landlord may not retaliate by increasing rent, by decreasing services, or by bringing or threatening to bring an action for possession after the tenant:”
Mont. Code Ann. § 70-24-431(1) (2025)

Evidence of a complaint within 6 months before the alleged retaliation creates a rebuttable presumption of retaliation.

“In an action by or against the tenant, evidence of a complaint within 6 months before the alleged act of retaliation creates a rebuttable presumption that the landlord's conduct was in retaliation.”
Mont. Code Ann. § 70-24-431(3) (2025)

What the notice must say and how it is delivered

Notice may be delivered in hand or mailed with a certificate of mailing or by certified mail; mailed notice is considered served 3 days after mailing.

“it is delivered in hand to the landlord or tenant or mailed with a certificate of mailing or by certified mail to the person at the place indicated by the person as the place for receipt of the communication or, in the absence of a designation, to the person's last-known address. If notice is made with a certificate of mailing or by certified mail, service of the notice is considered to have been made on the date 3 days after the date of mailing.”
Mont. Code Ann. § 70-24-108(1)(d) (2025)

Notice may be sent to an e-mail address provided in the rental agreement and is complete on receipt of a read receipt or a non-automatic reply.

“it is transmitted to an electronic mail address provided by the tenant or the landlord in the rental agreement. Notice by electronic mail is complete on receipt of a read receipt generated by an electronic mail system or an electronic mail reply other than an automatically generated electronic mail reply.”
Mont. Code Ann. § 70-24-108(1)(c) (2025)

If you have received a notice

1. Write down the date you received it and how it was delivered.
2. Check what it asks for — payment, fixing a problem, or moving out — and the deadline it gives against the Montana rules above.
3. Keep paying what you can document; ask for receipts.
4. If you receive court papers, note the response deadline on them; a legal-aid office or the court’s self-help center can help.

Check another situation with the eviction notice checker or the late fee checker.

Common questions

How much notice does a landlord in Montana have to give for unpaid rent?

If rent is unpaid when due and the tenant fails to pay within 3 days after written notice of nonpayment and intent to terminate, the landlord may terminate and the tenant must vacate. (Mont. Code Ann. § 70-24-422(2) (2025)).

How much notice is needed to end a month-to-month tenancy in Montana?

A week-to-week tenancy may be ended with written notice at least 7 days before the termination date; a month-to-month tenancy with at least 30 days' written notice before the termination date. (Mont. Code Ann. § 70-24-441(1)-(2) (2025)).