Montana Commercial Eviction Process (Unlawful Detainer)
A manage guide to commercial evictions in Montana, detailing the statutory 3-day notice for rent and lease defaults under MCA 70-27-108.
Legal Disclaimer
This content is for general informational and educational purposes only. It does not constitute legal advice and should not be relied upon as such. Laws change frequently — always verify current regulations and consult a licensed attorney in your jurisdiction for advice specific to your situation. Landager is a property management platform, not a law firm.Information last verified: May 2026.
Montana Commercial Eviction Process
Official Law Citation: The commercial eviction and Unlawful Detainer process is codified in Montana Code Annotated Title 70, Chapter 27, originating with the Bannack Statutes of 1864.
In Montana, commercial evictions are generally more straightforward and faster than residential evictions. Because the state views commercial leases as contracts between sophisticated business entities, courts overwhelmingly defer to the agreed-upon terms regarding default and eviction.
If the lease is silent on eviction notice periods, the statutory defaults in Montana law take effect.
1. Defining Default and the Notice to Cure
Before a landlord can initiate an eviction (file an Unlawful Detainer action) in a Montana court, they must serve the commercial tenant with a formal written notice detailing the breach and providing a legally required period to fix ("cure") the issue.
Statutory Default: The 3-Day Notice
If the lease does not specify a different notice period, Montana law provides a uniform statutory default for all commercial lease breaches (MCA § 70-27-108):
Default on Rent
If a commercial tenant fails to pay rent, the landlord must provide a 3-Day Written Notice to Pay or Quit.
- The tenant has 3 days from receipt to pay in full.
- If they fail to pay, the landlord can initiate an Unlawful Detainer action immediately.
Default on Other Covenants
For non-monetary breaches (e.g., insurance, alterations, or permitted use violations), the statutory default is also a 3-Day Written Notice to Perform or Quit.
- The tenant has 3 days to either cure the breach or vacate.
- If the breach is incurable (e.g., a one-time prohibited event), the notice demands immediate possession.
Lease Supremacy: While the 3-day period is the statutory default, commercial leases in Montana frequently specify different timelines or provide for "grace periods." The terms of the signed lease will generally override these defaults.
See our Commercial Lease Requirements guide.
2. Filing the Unlawful Detainer
If the notice period expires and the tenant has neither paid the rent nor vacated the property (becoming a "holdover tenant"), the landlord's next legal step is filing a formal complaint for Unlawful Detainer in the appropriate Montana District Court or Justice Court (depending on the amount of rent and damages claimed).
- Self-Help Eviction is Highly Risky: Unlike some states that still recognize common-law "peaceable re-entry" (changing the locks in the middle of the night) for commercial properties, attempting a self-help eviction in Montana without a court order is exceptionally dangerous and frequently results in the landlord being successfully countersued by the commercial tenant for wrongful eviction and massive business disruption damages. Formal court action is the only safe route.
3. The Hearing and Writ
The court will schedule a hearing. If the judge rules in favor of the landlord (usually due to a clear, documented breach of the lease), the court will issue a judgment granting the landlord possession of the property.
If the tenant still refuses to leave, the landlord must take the court order to the local County Sheriff, who will execute the writ and physically remove the tenant and their business property from the premises.
4. Duty to Mitigate Damages In Montana commercial real estate, if a tenant breaks the lease early or is evicted for non-payment, the landlord cannot simply sit back, leave the retail unit vacant for the remaining three years of the lease, and continuously sue the tenant for the lost rent.
Montana law imposes a strong duty to mitigate damages on the landlord. The landlord must make a reasonable, good-faith effort to find a replacement commercial tenant for the space. If the landlord successfully re-leases the space, the original, evicted tenant's liability is reduced by the amount of the new rent collected.
See our Commercial Rent Increases guide.
How Landager Helps
Landager tracks lease terms, payment deadlines, and important communications - making it easy to stay compliant with Montana regulations.
Sources & Official References
Frequently Asked Questions
▶What are the Montana landlord-tenant laws every property owner should know?
Residential tenancies in the Treasure State are primarily governed by the Montana Residential Landlord and Tenant Act of 1977 (MRLTA). This guide covers the essential compliance requirements for property owners and landlords.
Read the complete guide▶What is the Montana eviction process and how long does it take?
The Montana eviction process requires landlords to provide written notice to tenants before filing a court action. The type and length of notice depends on the reason for eviction — typically shorter for non-payment of rent and longer for lease violations or no-fault terminations. Self-help evictions (changing locks, removing belongings, shutting off utilities) are illegal in Montana. The full court process varies but typically takes several weeks.
Read the complete guide▶What are the Montana security deposit rules and return deadlines?
Montana has specific rules governing how much landlords can charge for security deposits, how deposits must be held, and the deadline for returning deposits after a tenant moves out. Landlords must provide an itemized statement of any deductions made from the deposit. Failure to comply with deposit return deadlines can result in penalties and the forfeiture of the landlord's right to claim deductions.
Read the complete guide▶What are the Montana rent increase laws and caps for landlords?
Montana has specific rules governing when and how landlords can increase rent. During a fixed-term lease, rent generally cannot be increased unless the lease explicitly allows it. For month-to-month tenancies, landlords must provide proper written notice before an increase takes effect. Check whether Montana has any local rent control ordinances that may impose additional caps or requirements.
Read the complete guide▶What is the grace period for late rent in Montana?
Montana has specific rules regarding grace periods for late rent and the amount that can be charged as a late fee. Late fee provisions must be stated in the lease agreement, and fees must be reasonable. Check Montana state law and any applicable local ordinances for the exact grace period and late fee limits that apply to your rental property.
Read the complete guide▶What disclosures must Montana landlords provide to tenants?
Montana landlords must provide certain disclosures to tenants before or at the time of lease signing. Common required disclosures include lead-based paint hazards (for pre-1978 buildings, a federal requirement), the identity of the landlord or property manager, and any known material defects in the property. Additional state-specific disclosures may include flood risk, mold hazards, and environmental conditions.
Read the complete guide▶What are the Montana lease requirements for rental properties?
Montana recognizes both written and oral leases, though written leases are strongly recommended for terms longer than one year. Lease agreements should include the rent amount, payment due date, security deposit terms, maintenance responsibilities, and rules regarding entry, pets, and subletting. Certain lease clauses that waive tenant statutory rights may be void and unenforceable under Montana law.
Read the complete guide▶What are Montana landlord maintenance obligations and habitability standards?
Montana landlords must maintain rental properties in a condition that is fit for habitation and complies with applicable building, housing, and health codes. This includes maintaining structural integrity, plumbing, heating and cooling systems, electrical systems, and pest control. Tenants typically have the right to request repairs in writing, and if repairs are not made within a reasonable time, tenants may have legal remedies available.
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