Montana's FED procedure is fast with low filing fees. The 3-day notice for non-payment moves cases quickly.
Montana's eviction process is called Forcible Entry and Detainer (FED) and is governed by Montana Code Title 70, Chapter 24 (the Montana Residential Landlord and Tenant Act). Cases are filed in justice court (for cases under $7,000) or district court (larger cases). Montana is moderately balanced between landlord and tenant protections. Uncontested cases typically conclude within four to six weeks of filing.
FED cases are filed in the appropriate court for the property's county. Montana's geography means some courts cover large rural areas. Most Montana eviction cases involve relatively small dollar amounts and are filed in justice court.
For non-payment of rent, Montana requires a 3-day written notice to pay or vacate (MCA 70-24-422). The notice must state the amount owed and give the tenant three days to pay or vacate. Three days is among the shorter notice periods in the country.
For material lease violations, Montana requires a 14-day notice to cure or quit. For violations involving substantial damage to property, threats of harm, or illegal activity, Montana allows shorter notice with no cure opportunity.
For month-to-month tenancies without cause, Montana requires 30 days written notice. Deliver notices by personal service, posting and mailing, or certified mail. Document delivery thoroughly.
After the notice period expires, file an FED complaint in the appropriate court for the property's county. Filing fees in Montana are typically $30 to $100 depending on the court — among the lower fees in the country. Service is performed by the sheriff or process server.
The tenant must appear at the hearing or file an answer by the date set on the summons. Montana courts schedule FED hearings on accelerated timelines — typically within 10 to 20 days of filing.
Montana FED hearings are conducted efficiently. Bring your lease, the notice you served, proof of service, your rent ledger, and any documentation. The judge will hear both sides and typically issue a ruling at the hearing.
If you prevail, the writ of restitution is issued. Tenant appeal rights exist but appeals require posting bond.
Yellowstone County, anchored by Billings, is Montana's most populous county. Yellowstone County eviction filings go to the Yellowstone County Justice Court or District Court depending on case value. Billings is Montana's largest city and primary rental market.
Missoula County, anchored by Missoula, is Montana's third-largest county and home to the University of Montana. The student rental market plus general residential rental activity creates substantial eviction case volume. Missoula County filings go to the Missoula County Justice Court or District Court. For detailed landlord-tenant law specific to each county — including court selection, local procedures, and filing details — see Yellowstone County landlord-tenant law and Missoula County landlord-tenant law.
Montana's FED procedure moves quickly with proper notice and filing. The 3-day notice for non-payment is among the shorter periods in the West. Court selection (justice vs. district) is based on case value. See the full Montana landlord-tenant law guide for notice templates, security deposit rules, and county-specific information across all 56 Montana counties.
Once the writ of restitution is issued, the sheriff executes the writ. Execution typically occurs within 5 to 10 days, though Montana's geography can extend that for remote properties. Be present with a locksmith.
Montana law (MCA 70-24-430) provides specific procedures for tenant property left behind. You must provide notice and storage period before disposal.