💰 Pay or Quit Notice — Montana (2025)

Free, state-specific pay or quit notice template for Montana landlords. Includes legally required language, notice period, and serving instructions.

📋 Quick Info — Pay or Quit Notice in Montana

Required Notice Period

3 Calendar Days

Delivery Methods

Personal Delivery (hand-delivered to tenant or adult occupant) | Post & Mail (post on door AND mail a copy) | Certified Mail (USPS certified mail, return receipt requested)

When to Use

Use this notice when a tenant has failed to pay rent by the due date.

If Tenant Ignores It

If the tenant fails to pay or vacate within the notice period, you may file an eviction lawsuit (unlawful detainer) with the court.

Tenant Options

The tenant can pay all owed rent in full OR vacate the premises.

Legal Authority

Mont. Code § 70-24-422

📄 Sample Pay or Quit Notice Template — Montana

Copy this template, fill in the brackets, and serve it according to the instructions below. Do not skip any required fields.

Montana Eviction Notice Template 3-Day Notice

NOTICE TO PAY RENT OR VACATE

Date: [DATE]

To: [TENANT NAME(S)]
Premises: [FULL ADDRESS], [CITY], MT [ZIP]

You are hereby notified that you are in default of your rental agreement
dated [LEASE DATE] for failure to pay rent in the amount of $[AMOUNT]
which was due on [DUE DATE].

You are required to pay the total amount of $[TOTAL OWED] within
THREE (3) (3) DAYS of service of this notice, or vacate and
surrender possession of the above-described premises.

If you fail to pay the full amount owed or vacate within the time
specified, legal proceedings will be initiated against you to recover
possession, unpaid rent, court costs, and attorney's fees as permitted
by Mont. Code § 70-24-422.

──────────────────────────────────────────────────

Landlord/Agent: ___________________________
Printed Name: [LANDLORD NAME]
Address: [LANDLORD ADDRESS]
Phone: [LANDLORD PHONE]

Date Served: [DATE]
Method of Service: [PERSONAL DELIVERY / MAIL / POSTING+MAIL]

Rent Owed Breakdown:
  Month/Period: ___________  Amount: $___________
  Late Fees:               Amount: $___________
  TOTAL:                   Amount: $___________

📬 How to Serve This Notice in Montana

Allowed Delivery Methods in Montana

Personal Service: Personal Delivery (hand-delivered to tenant or adult occupant)
Post & Mail: Post & Mail (post on door AND mail a copy)
Certified Mail: Certified Mail (USPS certified mail, return receipt requested)

Step-by-Step Serving Instructions

Complete the notice — Fill in all bracketed fields. Double-check the tenant's name, address, and amounts.
Print the notice — Print at least two copies (one for tenant, one for your records).
Deliver personally — Hand the notice directly to the tenant or any adult occupant at the residence. Note the date, time, and who received it.
Post and mail (if personal service unavailable) — Post the notice on the main entrance door AND mail a copy via first-class mail to the tenant's address on the same day.
Mail via certified mail — Send via USPS certified mail with return receipt. Keep the receipt and tracking confirmation.
Complete a Proof of Service — Document how, when, and to whom the notice was served. This is critical for court.
Keep copies — Retain a copy of the served notice and proof of service for your records.
Wait the full notice period — You must wait all 3 days before filing with the court, even if you're certain the tenant won't comply.

⛔ Common Mistakes That Void the Notice

Using the wrong notice period (must be at least 3 days in Montana)
Using an unapproved delivery method
Missing required information (tenant name, full address, specific amount owed)
Accepting any rent payment after serving the notice — this cancels the notice in most states
Filing with the court before the notice period fully expires
Serving notice by email only (not legally recognized in Montana)
Using incorrect legal citations or outdated statute references

⏰ After You Serve the Notice

✅ If Tenant Pays in Full

If the tenant pays all rent owed (including any applicable late fees as specified in the lease) within the 3-day period, the eviction process stops. You must accept the payment. You cannot proceed to court if full payment is made.

🚫 If Tenant Doesn't Pay or Vacate

After the 3-day period expires without payment or vacating, you may immediately file an eviction complaint (unlawful detainer) with your local Montana court. Bring: the notice, proof of service, your lease, and payment records.

📅 Timeline After Notice Expires

Day 0: Serve the notice
Day 3: Notice period expires
Day 3+: File eviction complaint with Montana court ($80 filing fee)
After filing: Court schedules hearing; serve tenant with summons
Total process: 3-5 weeks typically

→ View the complete Montana eviction process guide

⚖️ Want an Attorney to Prepare This Notice?

Avoid costly mistakes. A wrongly served notice resets the clock and can get your case dismissed. Our network of Montana eviction attorneys can prepare and serve the notice for you.

❓ Frequently Asked Questions

How do I deliver an eviction notice in Montana?

In Montana, you can serve an eviction notice by: Personal Delivery (hand-delivered to tenant or adult occupant); Post & Mail (post on door AND mail a copy); Certified Mail (USPS certified mail, return receipt requested). Personal delivery is the most reliable method and easiest to prove in court. Always document the delivery method and date.

What if I can't find the tenant to serve them?

If you cannot locate the tenant for personal delivery, Montana law typically allows "substituted service" — leaving the notice with another adult occupant or posting it on the front door AND mailing a copy to the address. Keep a signed declaration of service.

Can I email an eviction notice in Montana?

Generally, no. Email is not a legally recognized method of service for eviction notices in Montana. You must use one of the approved delivery methods: personal, posting and mail, certified-mail. Some landlords email a copy as a courtesy, but you still need proper legal service.

What voids an eviction notice in Montana?

Common mistakes that void an eviction notice in Montana include: using the wrong notice period (must be at least 3 days), improper delivery method, missing required information (tenant name, address, amount owed), accepting rent after serving the notice, and using a form that doesn't comply with Mont. Code § 70-24-422.

How many days after the notice can I file for eviction in Montana?

You must wait the full 3-day notice period to expire before filing with the court. If you file too early, the case may be dismissed. After the notice period expires without compliance, you can file an eviction complaint (unlawful detainer) immediately. The total process in Montana typically takes 3-5 weeks.

Related Montana Resources

Disclaimer: This template is for informational purposes only and does not constitute legal advice. Laws change frequently. Always consult a licensed Montana attorney for your specific situation. Cite: Mont. Code § 70-24-422.