Filing fees, sheriff costs, attorney fees, and lost rent, under MCA § 70-24 (Residential Landlord and Tenant Act)
A Montana eviction typically runs $1,051-$3,125 uncontested and $2,460-$9,843 contested, under MCA § 70-24 (Residential Landlord and Tenant Act). Lost rent is almost always the largest line item.
Eviction in Montana carries specific financial and time commitments. For landlords managing 1-20 units, understanding these costs upfront is crucial. This isn't just about court fees. It's about lost rent, attorney fees, property damage, and the opportunity cost of a vacant unit. Montana's legal framework, primarily the MCA § 70-24 (Residential Landlord and Tenant Act), sets the rules. Deviating from these rules will cost you more.
The state's posture on eviction isn't unique in its requirement for due process, but certain elements differentiate it. Montana does not have statewide just-cause eviction. This means, generally, you don't need a specific "just cause" (like a lease violation) to terminate a tenancy if you provide proper notice, especially for month-to-month agreements. However, this flexibility doesn't extend to skipping statutory notice periods or proper court procedures. Your key regulators are the local Justice Courts, where eviction actions (known as "forcible entry and unlawful detainer" actions) are filed and heard.
For a landlord with a small portfolio, the practical bottom line is straightforward: expect direct costs to range from several hundred to several thousand dollars per eviction. Indirect costs can easily double or triple that figure. A common mistake is underestimating the time involved. Even a simple, uncontested eviction for non-payment of rent, properly filed, will take at least 3-4 weeks from notice delivery to tenant removal. Contested cases can stretch to months.
Let's break down some specific figures. Initial court filing fees for an unlawful detainer action in Montana typically run around $50-$75. Summons service, usually handled by a sheriff or private process server, adds another $50-$100 per tenant. If you opt for legal counsel, and for most landlords, this is advisable to avoid procedural errors, attorney fees become your largest expense. Expect hourly rates from $200-$400. A basic, uncontested eviction might incur $1,000-$2,500 in attorney fees. A contested case, involving hearings or discovery, can quickly escalate to $5,000 or more. Don't do a DIY eviction if you're unsure of the process. Do hire a lawyer if the stakes are high or the tenant is litigious.
Montana's notice periods are strict. For non-payment of rent, you must issue a 3-day notice to pay or quit. This notice must be properly served. After the 3 days expire without payment, you can file for eviction. For a no-cause termination of a month-to-month tenancy, you must provide a 30-day notice. Ignoring these timelines will result in your case being dismissed, forcing you to restart the process and incur additional costs.
A concrete example of a common landlord mistake: A tenant is two weeks late on rent. The landlord texts the tenant, "Pay up or get out." The tenant doesn't pay. The landlord then files for eviction. This will fail. The landlord skipped the formal, written 3-day notice required by MCA § 70-24. The court will dismiss the case, and the landlord will have wasted filing fees, service fees, and potentially attorney time. The correct action would be to issue a formal, written 3-day notice to pay or quit, served according to statute, then file for eviction if the tenant fails to comply.
Another area to note: Montana has no statutory cap on security deposits. While this offers flexibility, it doesn't remove your obligation to handle deposits according to MCA § 70-24, including itemizing deductions and returning the remainder within 30 days of termination (or 10 days if no deductions are made).
As of recent legislative sessions, Montana lawmakers have shown some interest in housing affordability and landlord-tenant relations, though major overhauls to eviction statutes haven't been enacted. Discussions often revolve around notice periods, security deposit handling, and the balance between landlord rights and tenant protections. For instance, while no major eviction process changes were passed in the 2023 session, bills related to housing choice vouchers and tenant screening fees saw debate. Landlords should monitor the legislative calendar for the 2025 session for any proposed changes that could impact eviction costs or procedures. Even minor adjustments to notice requirements or allowable fees can alter your operational expenses and timelines.
Understanding Montana's specific eviction costs isn't optional. It's a fundamental part of risk management for any landlord. Prepare for direct legal and court expenses, and account for the substantial indirect costs of lost rent and property turnover. Adherence to MCA § 70-24 is not a suggestion; it is the minimum standard for successful eviction.
| Cost Line | Uncontested | Contested |
|---|---|---|
| Notice prep & service | $75-$200 | $150-$350 |
| Court filing fee | $90-$170 (MCA § 70-24 (Residential Landlord and Tenant Act)) | |
| Process server | $75-$200 | |
| Attorney fees | $500-$2,500 | |
| Sheriff / constable lockout | $40-$125 | |
| Lost rent during process | $621-$1,330 (21-45 days @ $887/mo) | $1,330-$3,548 (45-120 days) |
| Cleaning, repairs, re-leasing | $800-$2,200 | $1,100-$5,200 |
| Total scenario | $1,051-$3,125 | $2,460-$9,843 |
Evicting a tenant in Montana has specific requirements. Landlords with 1-20 units need to understand these local quirks. Deviations from the Residential Landlord and Tenant Act (MCA § 70-24) add time and cost. Mistakes mean restarting the process, sometimes from the initial notice.
Initial Notice Requirements:
Court Filing and Service:
After the notice period expires, you file a Complaint for Possession in Justice Court. Filing fees vary by county. Expect around $50-$75 for the initial filing. Service of the Summons and Complaint must be done correctly. A sheriff's deputy or a private process server is recommended. DIY service is risky and often invalidates the filing. Expect process server fees to range from $75-$150, depending on location and attempts needed.
Just-Cause Statewide:
Montana does not have a statewide just-cause eviction requirement. This means for month-to-month tenancies, you can issue a 30-day no-cause notice. However, this freedom comes with a caveat: you cannot use a no-cause notice as a pretext for retaliation or discrimination. Document everything. A history of complaints followed by a no-cause notice raises red flags in court. Even without just-cause protection, judges scrutinize motives. Stick to the letter of the law and avoid even the appearance of impropriety.
Security Deposits:
Montana has no statutory cap on security deposits. This provides flexibility. However, MCA § 70-24-428 outlines strict rules for handling deposits. Landlords must return the deposit within 30 days of termination of tenancy or within 10 days if there are no deductions. If deductions are made, a written itemized list must be provided. Failing to follow these rules can result in the landlord being liable for the full deposit amount plus damages. This is a common trap. Don't wait until day 29 to start the accounting. Have a system for timely deposit returns.
Common Landlord Mistake: Incorrect Notice Calculation.
A frequent error is miscalculating notice periods. For instance, a landlord posts a 3-day non-payment notice on Monday afternoon, expecting to file on Thursday morning. If the notice was posted at 3 PM Monday, the 72 hours expire at 3 PM Thursday. Filing at 9 AM Thursday is premature. The judge will dismiss the case. You then have to re-serve a new notice, wait another 3 days, and re-file. This adds at least a week to the process and doubles your initial filing and service fees. Don't do "business days" or "calendar days" for the 3-day notice; do "72 hours."
County-Specific Carve-Outs and Localities:
While MCA § 70-24 is statewide, local Justice Courts interpret and apply the law. Some courts in more populous counties like Missoula or Gallatin may have specific procedural preferences. Always check the local court's website or call the clerk for their specific forms and instructions. For example, some courts prefer original signatures on all submitted documents, while others accept copies. This isn't a legal difference, but a procedural one that can cause delays if not followed. No Montana county has its own separate eviction ordinance that supersedes state law, but court administration varies.
Mediation and Settlements:
Some Justice Courts, particularly in larger counties, encourage or even require mediation before a trial. This is an attempt to resolve disputes without a full hearing. If offered, consider it. Settlements can save legal fees and time. A mediated agreement, if entered as a court order, is legally binding and enforceable. However, be prepared to negotiate. Do not go into mediation without a clear understanding of your bottom line and what you are willing to concede.
Recent Legislative Changes:
As of recent legislative sessions (2024-2026), there has been ongoing discussion regarding landlord-tenant law. While no major overhauls to the core eviction process under MCA § 70-24 have passed that significantly alter notice periods or just-cause requirements, there is always potential for changes to related areas, such as habitability standards or specific tenant protections. Landlords should monitor the legislative session for bills affecting housing. For example, previous sessions have seen attempts to introduce stricter rules around retaliatory evictions or to modify security deposit return timelines. Staying informed prevents being caught off guard by new compliance requirements.
Legal Representation:
While not legally required, legal counsel for eviction proceedings is highly recommended. Justice Court judges expect landlords to know and follow the law. Small errors, like an improperly calculated notice or incorrect service, lead to dismissal. A local attorney specializing in landlord-tenant law will ensure proper procedure, minimizing delays and costs. The initial consultation alone can save hundreds in lost rent and re-filing fees. Consider it an investment in efficiency.
Every dollar spent on tenant screening saves roughly $15-$25 in eviction and turnover costs. A rigorous screening protocol, verified income, rent-to-income ratio, prior landlord references, and a documented rubric, is the single highest-ROI move a Montana landlord can make.
See our tenant screening guide for Montana for the 5-point protocol used by NextGen Properties.
$3,500 to $7,000 all-in on a typical $1,100 Montana unit.
District court: $170.
Uncontested: 21 to 45 days.
No.
Tight call.
Informational only, not legal advice. Consult a licensed Montana attorney. Source attribution in the Sources band below.
