Giving Your Tenant Notice to Vacate

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Note: Use these instructions and form letter to write a letter to the tenant. The

letter will give notice to the tenant that you are terminating the rental

agreement.

These instructions and form notice letter may not be right for your case. They

cannot take the place of advice from a lawyer. Talk to a lawyer if you have

any questions.

Do not change this form letter. If you change the form letter, you might lose

language you need.

Do not use these instructions and form letter if you rent only a mobile home lot

to the tenant.

If the tenant has a federal rent subsidy, these instructions and form letter may

not be right for you. Your tenant may have additional protections under the

federal housing program.

Giving Your Tenant Notice of Termination

(*Do not use this form letter if your tenant owns their

mobile home and rents only the lot from you.)

What form will I need?

You only need one form. The form is the form letter that follows these

instructions. The form notice letter begins on page 8 of this packet.

Who can use this form letter?

You can use this form letter if the tenant has (at least

one of the following):

• a month-to-month or week-to-week tenancy;

• not paid rent;

• received notice of a lease violation within the

last 6 months and has committed substantially the same violation again;

Giving Your Tenant Notice to Vacate

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• engaged or knowingly allowed any person to engage in an activity on the

premises that creates a reasonable potential of damage to the rental or

injury to neighbors (see Section 70-24-321(3), MCA);

•

an unauthorized pet or person living in the rental;

•

destroyed, defaced, damaged, impaired or removed any part of the

premises;

•

refused to give you lawful access to the rental;

•

removed, replaced, or added a lock to the rental and not given you a key;

OR

• committed some other non-compliance or violation of the rental

agreement.

You cannot use this form letter if you are renting only a parcel to the tenant for

the tenant’s own mobile home. But you can use this form letter if you are renting

both the lot and the mobile home to the tenant.

After I give notice of termination, when does the tenant need to

move?

The amount of time the tenant has to move out after you give notice to vacate

depends on the reason given in the notice. In some situations the tenant has the

right to remedy or fix the violation instead of moving out. See the chart below.

The form letter you fill out will give the tenant notice of how much time they have

to move out. Remember: if your rental agreement gives a longer notice time than

this chart, you must give the tenant the notice time required by the rental

agreement.

Do I have to give the tenant the opportunity to remedy the

violation after receiving my notice of termination?

Maybe – it depends on the kind of violation alleged in the notice. Montana law

Giving Your Tenant Notice to Vacate

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provides, “If the noncompliance [alleged in the notice of termination] is

remediable by repairs, the payment of damages, or otherwise and the tenant

adequately remedies the noncompliance before the date specified in the notice,

the rental agreement does not terminate.” Section 70-24-422(1)(a), MCA.

Giving Your Tenant Notice to Vacate

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How Much Notice To Give The Tenant

(In these situations, landlord has option to terminate or

to allow tenant to remedy the violation.)

Substantially the same violation

recurring within six months of previous

notice of violation

70-24-422(1)(e), MCA

5 days

If the tenant destroys, defaces,

damages, impairs, or removes any part

of the premises, or permits anyone else

to do so

70-24-422(3), MCA

3 days

If the tenant creates a reasonable

potential that the premises may be

damaged, destroyed, or that neighbors

may be injured, by engaging in or

allowing others to engage in any

unlawful activity on the premises, such

as criminal production or manufacture of

dangerous drugs, operation of an

unlawful clandestine laboratory, gang-

related activities, or unlawful possession

of a firearm, explosive, or hazardous or

toxic substance

70-24-422(4), MCA

3 days

How Much Notice To Give The Tenant When Tenant has the

Right to Remedy the Violation

(In these situations, tenant has the right to remedy the violation.)

Non-payment of rent

70-24-422(2), MCA

3 days to pay or vacate

Unauthorized pet or person

70-24-422(1)(b), MCA

3 days to remedy violation or vacate

Any other noncompliance or violation of

the lease that is remediable

70-24-422(1)(a) and -(1)(d), MCA

14 days to remedy violation or vacate

Giving Your Tenant Notice to Vacate

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What can I do if the tenant does not move out or fix the

violation?

You can sue the tenant in court for possession of the rental if they have not

moved out or fixed the violation in the time given in your notice of termination.

You may not remove a tenant without a court order. You may not have someone

else remove the tenant without a court order. You may not shut off the tenant’s

utilities or change the locks on the rental without a court order.

How do I use the form letter?

1

Complete the form letter and sign it

Check the box or boxes that apply.

Make sure all of the blanks on the form letter are filled in

completely.

Sign the form letter on the line that says “(sign your name).”

2

Make a copy

Make one copy of the completed and signed letter for yourself.

Keep the copy in a safe place. It may be important if you have to

go to court.

3

Deliver the letter to the tenant

You may choose from among several ways to deliver

the letter to the tenant, including:

Hand-delivery of the letter to the tenant. If you choose this option,

you must actually hand the letter to the tenant. The law does not

allow you to tape it to the door to the rental, to leave it with a child

or other person at the rental, or to leave it inside the rental. It is a

good idea to bring two copies of the letter. If possible, ask the

tenant to sign and date one copy of the letter as “received.”

Keep

that copy as proof that the tenant got your letter and give the tenant

Giving Your Tenant Notice to Vacate

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the second copy. In case the tenant will not sign the letter, it is a

good idea to bring someone with you when you hand-deliver it.

That person can testify in court later if the tenant denies receiving

your letter. If you choose to hand-deliver the letter, the notice

period starts on the day after you hand the letter to the tenant. For

example, if you hand-deliver a letter giving a 3-day notice on April

2, the tenant is not required to vacate until April 5.

or

Mail the letter to the tenant, by first-class mail with a certificate of

mailing, or by certified mail. Keep the receipt you get from the

Postal Service. The receipt is your proof that you sent the letter.

With a certificate of mailing, the tenant will not have to sign

anything to get the letter.

If you choose to mail the notice, then the notice period begins to

run on the 3rd day after the date that you mailed the letter. For

example, if you mail a letter giving a 3-day notice on April 2, the

tenant is not required to vacate until April 8 (April 2 + 3 days mailing

= April 5 + 3 days notice = April 8).

or

Email the letter to the tenant, if the tenant provided their electronic

mail address in the rental agreement. Notice by email is complete

upon receipt of a read receipt generated by an email system, or

upon an email reply other than an automatically generated email

reply.

In deciding how to deliver your letter to the tenant, it's a good idea to read

the law -- Section 70-24-108, MCA.

Keep in mind that if you end up filing

a court action for possession of the rental you may have to provide proof

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that you provided a notice of termination to the tenant.

Where can I get more information?

The laws of Montana are called the Montana Code Annotated or “MCA.” The

laws about giving notice to a tenant to vacate are located in the MCA at Title 70,

Chapter 24, Sections 108, 422, and Section 441. An easier way to write that is:

§ 70-24-422, MCA, and § 70-24-441, MCA. The symbol § means section. You

can find the MCA at your local library, or online at

https://leg.mt.gov/bills/mca/index.html or courts.mt.gov/library.

The letter to the tenant refers to specific sections of the law. It is a good idea to

read those sections of the law before you give the letter to the tenant.

Where can I get legal help or more information?

These organizations may be able to help you:

• Montana Landlords Association, Inc. provides information to landlords.

Call 406-219-1121, or go to www.montanalandlords.com.

• Montana Legal Services Association (MLSA) gives free legal help to

low-income people. To find out if you qualify for MLSA, call the MLSA

HelpLine at 1-800-666-6899 or apply online at mtlsa.org.

• The State Bar Lawyer Referral and Information Service (LRIS) refers

people to Montana lawyers who might be able to help. Call LRIS at 1-406-

449-6577, or go to montanabar.org.

• The State Law Library can help you find and use legal resources such as

books, forms, and websites. You can visit the Law Library website at

courts.mt.gov/library. Or you can contact a Reference Librarian through

the website or at 1-406-444-3660.

Giving Your Tenant Notice to Vacate

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Form Letter Begins on Next Page

Giving Your Tenant Notice to Vacate

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Note: You can use this form letter if the tenant rents a house, room, apartment, or

mobile home from you. Do not use this form letter if the tenant owns a mobile home

and rents only the lot that it sits on from you.

Date: (the date you mail or hand-deliver

the notice letter)

From (write your name and address):

(name)

(street address or P.O. Box)

(city, state, ZIP)

(phone)

To (write the tenant’s name and address):

(name)

(street address or P.O. Box)

(city, state, ZIP)

(phone—optional)

Re: (physical address of the rental

property)

Dear (write the name of the tenant) :

I am sending you this letter because (check the box next to the paragraph below

that fits the situation):

You have a month-to-month tenancy and I am ending your tenancy in 30

days. You must move out within 30 days after receiving this notice.

Section 70-24-441(2), MCA.

Giving Your Tenant Notice to Vacate

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You have a week-to-week tenancy and I am ending your tenancy in seven

days. You must move out within 7 days after receiving this notice.

Section 70-24-441(1), MCA.

You have not paid your rent. If you don’t pay the rent due within 3 days, I

am ending your tenancy. You have 3 days after you receive this notice to

pay your rent in full, or to move out. Section 70-24-422(2), MCA. As of

today, you owe me:

Rent: $ (write the total amount due)

I previously gave you notice of a violation of the rental agreement within

the last 6 months, and you have committed substantially the same

violation again. The violation you have committed again is (write the

violation that the tenant committed):

(check this box if you are terminating the tenancy) I am ending your

tenancy in 5 days. You must move out within 5 days after you receive this

notice. Section 70-24-422(1)(e), MCA.

(check this box if you are allowing tenant the opportunity to remedy

the violation) You have 5 days after you receive this notice to remedy this

violation by taking this action:

If you don’t remedy the violation within the 5 days, then I am ending your

tenancy and you must move out within 5 days after you receive this notice.

Section 70-24-422(1)(a) and -422(1)(e), MCA.

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You have engaged, or knowingly allowed someone else to engage in

activity on the premises that creates a reasonable potential of damage or

destruction to the rental or injury to neighbors, in violation of Section 70-

24-321(3), MCA, including but not limited to any of the following activities

(check the box that applies):

Criminal production or manufacture of dangerous

drugs, as prohibited by Section 45-9-110, MCA.

Operation of an unlawful clandestine laboratory, as

prohibited by Section 45-9-132, MCA.

Gang-related activities, as prohibited by Title 45,

chapter 8, part 4, MCA.

Unlawful possession of a firearm, explosive, or

hazardous or toxic substance.

The following activity that is prohibited by law

(describe):

(check this box if you are terminating the tenancy) I am ending your

tenancy, and you must move out within 3 days after you receive this

notice. Section 70-24-422(4), MCA.

(check this box if you are allowing tenant the opportunity to remedy

the violation) You have 3 days after you receive this notice to remedy this

violation by taking this action:

If you don’t remedy the violation within the 3 days, then I am ending your

tenancy and you must move out within 3 days after you receive this notice.

Sections 70-24-422(1)(a) and -422(4), MCA.

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You have an unauthorized pet or person living in your rental. (Circle

“person” or “pet” as applicable.) You have 3 days after you receive this

notice to remove the unauthorized pet or person. If you don't remedy the

violation within the 3 days, then I am ending your tenancy and you must

move out within 3 days after you receive this notice. Sections 70-24-

422(1)(a) and (b), MCA.

You have destroyed, defaced, damaged, impaired, or removed a part of

the rental premises, or allowed someone else to do so, in violation of

Sections 70-24-321(2) and 70-24-422(3), MCA. This is how you destroyed

or damaged the rental (write how the tenant destroyed or damaged the

rental):

(check this box if you terminating the tenancy) I am ending your

tenancy in 3 days. You must move out within 3 days after receiving this

notice.

(check this box if you are allowing tenant the opportunity to remedy

the violation) You have 3 days after you receive this notice to restore the

rental to its previous condition. If you don’t restore the rental within the 3

days, then I am ending your tenancy and you must move out within 3 days

after you receive this notice. Section 70-24-422(1)(a) and -422(3), MCA.

You have committed some other non-compliance or violation of the rental

agreement, as follows (write the non-compliance or violation below --

could include tenant's refusal to give you lawful access to the rental, or

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tenant removing, replacing or adding a lock to the rental and not giving

you a key):

(check this box if you are terminating the tenancy) I am ending your

tenancy in 14 days after you receive this notice. Section 70-24-422(1)(d),

MCA.

(check this box if you are allowing tenant the opportunity to remedy

the noncompliance) You have 14 days after you receive this notice to

remedy the noncompliance, by taking these actions:

If you don’t remedy the noncompliance within the 14 days, then I am

ending your tenancy and you must move out within 14 days after you

receive this notice. Sections 70-24-422(1)(a) and -422(1)(d), MCA.

NOTE: If I mailed this letter to you, you may add 3 days to the date of mailing

before you start counting the days in the notice period given above. For

example, if I mailed a letter giving you a 3-day notice on April 2, you would not

have to move out until April 8 (April 2 + 3 days mailing = April 5 + 3 days notice =

April 8). If I hand-delivered this letter to you, start counting the days in the notice

period on the day after you received the letter. For example, if I hand-delivered a

letter giving you a 3-day notice on April 2, you would not have to move out until

April 5. Weekends and holidays are included in the count. However, if the end

date falls on a weekend or holiday, the notice period continues until the end of

the weekend/holiday. Title 25, Ch. 20, Rule 6, MCA.

If you have not remedied your lease violation or moved out in the number of days

given above, I may file an eviction lawsuit against you in court.

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Sincerely,

(sign your name)