A notice to vacate is different than an eviction lawsuit filed in court. Here’s how to respond to each of them.
A notice to vacate, sometimes called a notice of termination, comes from your landlord, and will tell you that they’re terminating your rental agreement. It is usually in the form of a letter, but can also be a text message or email. The notice can be posted on your door (if you actually see it), given to you by hand, or mailed to you. It doesn’t have to be served to you by a process server or law enforcement officer. Additionally, it doesn’t have to be mailed to you by certified mail.
If you get a notice to vacate from your landlord, you have options. You can correct the problem in the notice and tell your landlord in writing that you fixed the issue. You can try talking to your landlord to work out your differences. You can also tell your landlord in writing that you think the notice is improper.
Eviction lawsuit papers filed in court are different. These papers are filed in court by your landlord, or your landlord’s attorney, asking the court to evict you. The papers must be in paper form, and the landlord must have the papers personally served on you by a process server or a sheriff’s deputy. Someone besides your landlord has to hand you copies of the lawsuit papers. The lawsuit papers consist of two documents: a Summons and a Complaint, usually stapled together. After you are served with the lawsuit papers, you have five business days to file an Answer with the court where the landlord filed the lawsuit. Start counting with the day after you were served the papers. You don’t count Saturdays, Sundays, and legal holidays.
Learn more about a landlord’s notice to vacate and about lawsuit papers for eviction in our article What You Should Know about Evictions in Montana: montanalawhelp.org/resource/what-you-should-know-about-evictions-montana
Did you receive a notice to vacate or get served with eviction lawsuit papers? Montana Legal Services Association (MLSA) assists Montanans with civil legal issues. Apply online at MontanaLawHelp.org or contact our Helpline at 1-800-666-6899, Tuesday through Thursday, from 9am to 1pm.
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[Image description: A graphic of a piece of paper taped to a green background that reads, “Notice to vacate.” Below is a box that says, “vs.,” then a stack of paper that reads, “Papers filed in court seeking eviction.” The logos of MLSA, LSC, and Montana Law Help are at the top of the page.]