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Montana 3-Day Nonpayment Notice
Download a Montana 3-Day Notice to Pay Rent or Vacate packet for residential nonpayment under Mont. Code Ann. § 70-24-422(2), also called a Montana 3-day notice to pay or quit. This attorney-reviewed forms packet includes a PublicLegal-authored notice plus editable landlord companions for service, payment, deadline, waiver, and prefiling records.
This Montana nonpayment packet helps complete the PublicLegal-authored 3-Day Notice, document § 70-24-108 service, apply the statutory 3-day mail rule for USPS certificate of mailing or certified mail, track payment and § 70-24-423 waiver issues, and preserve records before any Action for Possession filing.
The tenant-facing 3-Day Notice is built around Mont. Code Ann. § 70-24-422(2). It is not an official Montana Judicial Branch or court form; it is a focused prefiling alternative to Montana’s broad self-help notice materials.
Download the editable Word files, customize the notice on your own device, and keep a completed or served copy for your records.
Use the companions to serve only the completed notice, document § 70-24-108 service, build in the statutory mail rule where used, avoid full-rent waiver under § 70-24-423, and keep a clean court-stage record.
This product includes four editable Microsoft Word files: the Montana 3-Day Notice to Pay Rent or Vacate, Montana Notice Instructions, Notice Service, Payment, and Prefiling Record, and #10 Mailing Envelope. Serve only the completed notice; keep the other files as landlord guidance and records.
Self-help notice overview
A Montana 3-Day Notice to Pay Rent or Vacate is the written residential nonpayment notice used before a possible court action for possession under Mont. Code Ann. § 70-24-422(2). This packet’s notice is PublicLegal-authored and attorney-reviewed at the form level; it is not an official Montana Judicial Branch or court form.
The Montana-specific traps are service, mail timing, and waiver. Section 70-24-108 limits service methods and says service by USPS certificate of mailing or certified mail is considered made 3 days after mailing; then the landlord counts the 3-day cure period. Section 70-24-423 says accepting full rent waives the nonpayment breach, while partial payment does not.
A notice is not a completed eviction judgment. If the tenant does not pay after proper service and the full period, the landlord still needs a separate court action for possession, current court forms, proper service, and lawful execution before possession can change.
This page highlights the current four-file Montana packet: the PublicLegal-authored 3-Day Notice to Pay Rent or Vacate plus editable instructions, a Notice Service, Payment, and Prefiling Record, and a #10 envelope. The state-specific guidance below explains PublicLegal-authored-notice scope, serve-one/keep-three use, § 70-24-108 service options, the statutory mail timing rule, deadline counting, § 70-24-423 full-rent waiver, CARES Act covered-dwelling cautions, Action for Possession court-stage separation, and no-self-help limits before checkout.
The complete Montana 3-Day Notice packet is available immediately after checkout. Use the state-specific guidance below to serve only the PublicLegal-authored notice, document § 70-24-108 service, apply the statutory mail timing rule, track § 70-24-423 full-rent waiver issues, and preserve Action for Possession records before serving or filing.
ILRG editorial team reviewed this page against the sources linked here.
Primary Montana statutory sources, Montana Judicial Branch court-stage resources, and federal CARES Act text are linked for self-help research. Confirm the lease, rent ledger, coverage exclusions, § 70-24-108 service method, statutory mail timing, § 70-24-423 waiver issues, current court forms, fees, hearing timing, and local Justice or District Court practice before serving or filing.
Quick answer
Use this Montana residential nonpayment packet when rent is due and unpaid and the landlord needs a § 70-24-422(2) 3-Day Notice to Pay Rent or Vacate, also called a Montana 3-day notice to pay or quit. The tenant-facing notice is PublicLegal-authored and attorney-reviewed at the form level; it is not an official Montana Judicial Branch or court form. Serve only the completed notice and keep the instructions, service/payment/prefiling record, and envelope as landlord files.
Montana provides a free broad Notice to Vacate self-help packet. This PublicLegal packet is different: it is a focused, editable nonpayment packet designed to help a residential landlord complete the 3-day notice step, document service, count the deadline, track payment issues, and preserve a cleaner file before any court action.
| Need | Free Montana Judicial Branch materials | This PublicLegal packet |
|---|---|---|
| Nonpayment focus | Broad Notice to Vacate materials covering multiple termination grounds. | Narrowed to residential nonpayment under Mont. Code Ann. § 70-24-422(2). |
| Service and deadline support | General service and counting instructions. | Step-by-step § 70-24-108 service guidance plus a deadline worksheet that accounts for Montana’s 3-day mailing rule. |
| Recordkeeping | The landlord is told to keep a copy. | Includes a dedicated Notice Service, Payment, and Prefiling Record for delivery proof, deadline calculation, payment/tender history, and prefiling checks. |
| Waiver protection | General self-help notice materials. | Includes § 70-24-423 full-rent waiver checkpoints so the landlord does not accidentally undermine a nonpayment claim. |
| Files and packaging | Official free self-help materials from the Montana Judicial Branch. | One focused download with editable Word files: notice, instructions, service/payment/prefiling record, and #10 envelope companion. |
| Review and sourcing | Official Montana self-help resource. | PublicLegal-authored, attorney-reviewed at the form level, with Montana-specific statutory citations and source links. |
This packet is not a replacement for Montana’s official court forms. It is a practical prefiling layer for landlords who want a focused nonpayment notice packet, editable documents, and a better-organized record before deciding whether to proceed to an Action for Possession.
Montana § 70-24-422(2) allows the landlord to terminate for nonpayment if rent is unpaid and the tenant does not pay within 3 days after receiving written notice. This packet’s 3-Day Notice to Pay Rent or Vacate is a PublicLegal-authored, attorney-reviewed form for that prefiling step, not a Montana Judicial Branch court form.
This packet is the pre-filing layer that comes before Montana’s official court-stage Action for Possession materials. It does not replace, upgrade, or claim superior authority over Montana court forms; its value is deadline, service, waiver, and recordkeeping discipline before any filing.
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A Montana landlord may serve a 3-Day Notice to Pay Rent or Vacate after rent is due and unpaid under Mont. Code Ann. § 70-24-422(2). Confirm ordinary residential coverage, the lease, payment history, and any federal or subsidized-housing overlay before serving.
Count from when the tenant receives the notice. For USPS certificate of mailing or certified mail, § 70-24-108 says service is considered made 3 days after the date of mailing; then count the 3-day cure period. Exclude the service-completion day; weekends and holidays count, but if the last day falls on a weekend or legal holiday, it extends to the next business day.
Accepting full rent waives the nonpayment breach under § 70-24-423. Partial payment does not waive the breach, but document any partial payment carefully and consult Montana counsel before proceeding.
No. The Montana 3-Day Notice to Pay Rent or Vacate in this packet is a PublicLegal-authored, attorney-reviewed form for the prefiling notice stage. It is not an official Montana Judicial Branch or court form, and it does not replace the court-stage Action for Possession packet.
No. This packet covers the prefiling nonpayment notice and landlord records only. If the matter is not cured after proper service and the full period, possession still requires a separate Montana court action for possession and lawful execution; do not use lockouts, utility shutoffs, access denial, or property removal.