How long before eviction in Montana?
Tenant protection: Weak5 of 9 checked
Last verified 2026-09-23From notice to removal
Each stage has its own timing. A landlord notice alone does not authorize removal.
- 01Notice
3 days
- 02Court stage
Timing not verified
- 03Writ wait
5 days before execution
- 04Removal
Enforcement follows a court order
At a glance
- Grace period before a late fee
- Not verified
- Late fee cap
- Not verified
- Pay-or-quit notice
- 3 days
- Recorded court-stage timing
- Not verified
- Wait before the writ can be executed
- 5 days
- Can paying stop it before judgment?
- Yes
- Can paying stop it after judgment?
- Only in some cases
- Lockouts without a court order banned?
- Yes
- Record sealing available?
- Not verified
- Right to counsel
- Not verified
- Fastest lawful timeline
- 18 daysNot independently verified. Figure from the Eviction Research Network's state eviction timeframes dataset, as of 2026-07-13. We have not yet checked it against the statutes.
Can I stop it by paying?
Before judgment: Yes. Montana law lets a tenant stop a nonpayment termination by paying the rent owed within the 3-day notice period. If the tenant does not pay within that period, the landlord may terminate the rental agreement and the tenant must vacate.
After judgment: Only in some cases. When a court enters judgment for unpaid rent and the lease has not expired by its own terms, execution cannot issue for 5 days after judgment. Within that time the tenant, a subtenant, a mortgagee of the term, or another interested party may pay the rent, interest, damages, and costs into court, which satisfies the judgment and restores the tenant. If payment is not made within 5 days, the judgment can be enforced in full.
Where to get help
Sources
- MCA § 70-24-422(2). If rent is unpaid when due, the landlord may terminate the rental agreement once the tenant fails to pay within 3 days after written notice of the nonpayment and the landlord's intention to terminate.
- MCA § 70-24-427(4)(a). Once the court grants possession, it issues a writ of assistance immediately, and the sheriff executes it within 5 business days of receiving it.
- 70-24-411, MCA. A landlord who unlawfully removes or excludes a tenant from the premises, or purposefully cuts off heat, water or other essential services, is liable to the tenant for treble damages or three months' rent.
- MCA § 70-24-427(2)(a) sets the hearing date, not the judgment date: the case must be heard within 10 business days of the tenant's appearance or the answer date stated in the summons, and MCA § 70-27-114(1)(b) sets that answer date at 10 days after service. The court then rules within 5 days of the hearing under MCA § 70-24-427(4). No single rule states a filing-to-judgment window, and the three stages mix calendar and business days.
- Thomas, Tim, and the Eviction Research Network (2026). Time to evict: State statutory eviction timelines (verified edition, July 2026) [Data set]. Eviction Research Network, University of California, Berkeley.
- Primary statute · Court self-help