The Montana timeline, with dates
Here is the order of events when rent due on the 1st goes unpaid, using Montana's numbers and an example notice served on the 5th.
- The 1stRent is due (the example due date used throughout this page).
- Late feeNo statewide statute caps late fees or requires a grace period; a late fee should be written into the lease and reasonable.
- The 5th (example)You serve the notice: 3-day written notice to pay rent or the rental agreement terminates (Mont. Code § 70-24-422(2)).
- Not before the 8thThe 3-day period runs out. The exact last day depends on how the statute counts days and on how the notice was delivered.
- Earliest filingIf rent is still unpaid once the notice period has fully run, you can file an eviction case.
The dates are the earliest the numbers allow, not a promise: how days are counted, weekends, and the way the notice is delivered can all push them later. Read Mont. Code § 70-24-422(2) before you serve anything.
The notice for unpaid rent
3-day written notice to pay rent or the rental agreement terminates. Mont. Code § 70-24-422(2)
Among the 31 states we have verified, 3 require no notice at all, 9 others use the same 3 days as Montana, and 17 require a longer one. Among states that require a notice, the median is 7 days.
Late fees and the grace period
No statewide statute caps late fees or requires a grace period; a late fee should be written into the lease and reasonable.
Montana has no statutory dollar or percentage cap. 12 of the 31 verified states cap late fees by statute, and 10 set a grace period before one can be charged.
What else to know in Montana
Cities and counties can add their own rules on top of the state’s. At “covered properties” under the federal CARES Act — generally those with a federally backed mortgage or federal subsidies — a 30-day notice to vacate for nonpayment is required in every state.
Montana and its neighbors
| State | Notice | Grace period | Late-fee cap | Source |
|---|---|---|---|---|
| Montana | 3 days | None statewide | No statutory cap | Verified |
| Idaho | 3 days | None statewide | No statutory cap | Unverified |
| North Dakota | 3 days | None statewide | No statutory cap | Verified |
| South Dakota | No pre-filing notice | None statewide | No statutory cap | Verified |
| Wyoming | 3 days | None statewide | No statutory cap | Unverified |
Notice periods across the 31 verified states
| Notice before filing | States |
|---|---|
| No pre-filing notice | 3 |
| 3 days | 10 |
| 5 days | 3 |
| 7 days | 3 |
| 10 days | 5 |
| 14 days | 6 |
| No fixed number | 1 |
Sources
- Notice for unpaid rent: Mont. Code § 70-24-422(2)
- Late fees and grace period: no statute found that sets a cap or grace period
- Status: verified — the notice rule was read in statute text (or a verbatim copy of it) for our September 14, 2026 review.