Montana (MT) eviction guide
Quick answer
To evict a tenant in Montana, a landlord must first give written notice, typically 3 days for nonpayment of rent or lease violations, or 30 days to end a month-to-month tenancy. If the tenant does not comply or move out, the landlord files an Action for Possession in Justice Court. The full process from notice to lockout typically takes 3 to 8 weeks.
| Legal grounds | Nonpayment of rent, lease violations, illegal activity, holdover after lease ends |
|---|---|
| Minimum notice | 3 days (nonpayment or illegal activity) |
| Where to file | Justice Court in the county where the property is located |
| Filing fee | About $50 to $100 (varies by county) |
| Typical timeframe | 3 to 8 weeks |
Required when a tenant fails to pay rent on time; tenant must pay in full or vacate within 3 days.
Used for serious lease violations such as property damage or unauthorized occupants; tenant must fix the issue or leave within 3 days.
Used for other lease or health and safety violations; tenant has 14 days to correct the problem or move out.
Required to end a month-to-month tenancy with no cause, or for most violations on a month-to-month lease.
| Step | Timeframe | What happens |
|---|---|---|
| 1. Serve Written Notice | 3 to 30 days | Deliver the appropriate notice to the tenant in writing; the notice period runs from the date of delivery. |
| 2. File Action for Possession in Justice Court | 1 to 3 days | If the tenant does not comply or vacate, file a Complaint for Action for Possession at your county Justice Court and pay the filing fee (about $50). |
| 3. Serve Summons and Complaint on Tenant | 1 to 5 days | A process server or sheriff delivers the court summons to the tenant at least 5 days before the scheduled return date. |
| 4. Tenant Files Answer (or Defaults) | Up to 10 days | The tenant has 10 days from receiving the summons to file a written answer; if they do not respond, the landlord can request a default judgment. |
| 5. Court Hearing and Judgment | 5 to 14 days after answer deadline | A judge hears both sides and typically rules within 5 days of the hearing; a ruling in favor of the landlord triggers a Writ of Possession. |
| 6. Writ of Possession and Lockout | 1 to 5 days after judgment | The court issues a Writ of Possession and a sheriff or constable enforces the lockout; only law enforcement may physically remove the tenant. |
Filing an eviction in Montana Justice Court costs about $50 to $100 in filing fees, depending on the county, plus service fees paid to the sheriff (typically $30 to $75). Attorney fees, if you hire one, add several hundred to several thousand dollars more.
Once a judge rules for the landlord, the Justice Court issues a Writ of Possession (sometimes called a Writ of Assistance), authorizing law enforcement to remove the tenant. The sheriff or constable carries out the lockout, typically within a few days of the writ being served. Self-help eviction (changing locks, removing belongings, or shutting off utilities without a court order) is illegal in Montana and can expose the landlord to damages.
General information, not legal advice. Governing statute: Montana Code Annotated, Title 70, Chapter 24 (Residential Landlord and Tenant Act). Self-help eviction is illegal everywhere; always follow the court process.
Montana eviction FAQ
A Montana eviction typically takes **3 to 8 weeks** from the date the landlord serves notice to the date the sheriff enforces the lockout. Uncontested cases where the tenant defaults move faster, often in 3 to 4 weeks, while contested hearings can stretch to 8 weeks or more.
Expect to pay roughly **$80 to $175** in court and service fees for a basic eviction (about $50 to $100 to file, plus $30 to $75 for sheriff service). If you hire an attorney the total cost commonly rises to **$500 to $1,500** or more depending on whether the case is contested.
No. Montana law requires a court judgment before a tenant can be removed. A landlord who changes locks, removes a tenant's belongings, or shuts off utilities to force a move-out without a court order is committing an illegal self-help eviction and can be sued for damages.
Evictions in Montana are filed in **Justice Court** in the county where the rental property is located. In some cities, a City Court may have concurrent jurisdiction. District Court handles evictions only in unusual circumstances.
Yes. A tenant can contest the eviction by filing a written answer within **10 days** of receiving the summons and presenting defenses at the hearing. Common defenses include improper notice, habitability failures by the landlord, or proof that rent was paid. If the tenant pays all overdue rent before the notice period expires, the landlord generally cannot proceed.
Revun screens tenants, automates rent reminders, and logs every notice, so fewer tenancies ever reach court.
