Are you a landlord in Montana being faced with evicting a tenant or breaking your lease agreement? Do you feel like you're lost in the online content telling you the correct route to take? In Montana, like all other States, the Landlord and the Tenant both have rights. Let’s take a look at both.
Maintenance of a Rental by a Tenant:
- If a tenant or the guests of a tenant cause damage or destruction to the rental, you are allowed to give the tenant a written three days’ notice. It must be in writing for the notice to be proper. It must state the specifics of the acts that resulted in noncompliance. It also must state that the rental agreement will be terminated from the 3rd day that the notice is received by the tenant if they do not adequately remedy the noncompliance. If the tenant does adequately remedy the actions of noncompliance, the rental agreement is not terminated. If they do not remedy the actions or vacate the rental within three days, you may file a lawsuit with the court for possession of the rental.
Examples of Maintenance Violations:
- Not obeying housing codes that relate to health and safety
- Disposing of waste in a safe and clean manner
- Use all parts of rental reasonably
- Keeping plumbing fixtures reasonably clean
- Keeping the rental reasonably clean and safe
- Using each room of the rental responsibly - consider what the room was intended for
- Do not destroy, deface, or remove any part of the rental
- Acting in a way that does not disturb other tenants around you
- Using all facilities reasonably
Notice to Vacate - Reasons you can use this form:
- Tenant has not paid rent
- You have received notice of any lease violations in the last 6 months, or they have recurring lease violations
- The tenant is on a month-to-month or week-to-week tenancy
- The tenant has been charged with a criminal offense that creates reasonable potential damage to the property or tenants around them
- Unauthorized people or pets living in the premises
- Abandonment of the rental property
- Added, removed, or replaced the locks to the rental and did not inform you or give you new keys
- Refusal of lawful access to the property
- Destruction caused to the rental
- OR as discussed in the above information - committed some other noncompliance or violation of the rental agreement
How Much Notice to Give the Tenant
- Week to week tenancy - 7 days
- Month to month - 30 days
- Repeat violation of recurring within the past 6 months - 5 days
- Criminal charges that pose a reasonable threat to the property or those around them - 3 days
- Non-payment of rent - 3 days to pay or vacate
- Unauthorized people or pet - 3 days for either fixing violation or vacate
- Refusal of lawful access - 24 hours to allow access or vacate in 2 weeks
- Added, changed, or removed locks - 24 hours to provide keys or 2 weeks to vacate
- Destruction or damage of property - 3 days to fix violation or vacate
- Any other noncompliance - 14 days to fix violation or vacate
To lawfully evict a tenant, the landlord must properly fill out the Notice to Vacate form. If the landlord changes the format or verbiage, they risk losing the language and legality of it.
Please remember when going this route with your tenant that these instructions might not be right for your case. If you are unsure, always take advice from a lawyer. To learn more about Montana landlord/tenant laws, please inform yourself at the online Montana Judicial Branch.
VerticalRent® is not a law firm, and the employees of VerticalRent® are not acting as your attorney.Our free eviction notice service is not a substitute for the sound advice of a local attorney, whom is familiar with your local laws and regulations.VerticalRent® cannot provide you with legal advice, nor are we permitted to engage in the practice of law.Therefore, we are prohibited from providing you with any sort of advice, opinion, explanation, or recommendation about your possible legal rights – which may include remedies, options, defenses, or the selection of landlord forms available on the VerticalRent platform.
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