Giving Your Tenant Notice to Vacate
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Last updated 04/18/2023
the second copy. In case the tenant will not sign the letter, it is a
good idea to bring someone with you when you hand-deliver it.
That person can testify in court later if the tenant denies receiving
your letter. If you choose to hand-deliver the letter, the notice
period starts on the day after you hand the letter to the tenant. For
example, if you hand-deliver a letter giving a 3-day notice on April
2, the tenant is not required to vacate until April 5.
or
Mail the letter to the tenant, by first-class mail with a certificate of
mailing, or by certified mail. Keep the receipt you get from the
Postal Service. The receipt is your proof that you sent the letter.
With a certificate of mailing, the tenant will not have to sign
anything to get the letter.
If you choose to mail the notice, then the notice period begins to
run on the 3rd day after the date that you mailed the letter. For
example, if you mail a letter giving a 3-day notice on April 2, the
tenant is not required to vacate until April 8 (April 2 + 3 days mailing
= April 5 + 3 days notice = April 8).
or
Email the letter to the tenant, if the tenant provided their electronic
mail address in the rental agreement. Notice by email is complete
upon receipt of a read receipt generated by an email system, or
upon an email reply other than an automatically generated email
reply.
In deciding how to deliver your letter to the tenant, it's a good idea to read
the law -- Section 70-24-108, MCA.
Keep in mind that if you end up filing
a court action for possession of the rental you may have to provide proof