Evictions

Evictions are serious.  Being evicted can ruin your credit and rental history.  

If you are evicted, you are not off the hook for paying rent.  You are still responsible for paying rent until the rental is rented by another tenant.  

Unfortunately, situations like loss of income, injury, and break-ups with co-leasers are not good enough reasons to not be evicted.  Landlords want their rent on time and in full.  Schedule an appointment to speak with us.

You can be evicted for the following 

Landlord Evicting Tenant

Cause

Proper Notice

Remedy

MCA Reference

Non Payment of Rent 3 Days Correct or quit 70-24-422(2)
Unauthorized Pet 3 Days Correct or quit 70-24-422(1b)
Unauthorized Person 3 Days Correct or quit 70-24-422(1c)
Destruction of Property 3 Days No Remedy 70-24-422(3)
Potential for Injury 3 Days No Remedy 70-24-321
Refusal of Access 14 Days Correct or quit 70-24-424
General Noncompliance 14 Days Correct or quit 70-24-422(1)
No Cause* 30 Days No Remedy 70-24-441

Tenant Terminating Lease

Cause

Proper Notice

Remedy

MCA Reference

Repairs: Emergency 3 Days Correct or quit 70-24-406
Repairs: Non-emergency 14 Days Correct or quit 70-24-406
Unlawful Entry See Below** See Below** 70-24-410
Failure to Deliver Premises 5 Days Correct or quit 70-24-405
Fire, Natural Disaster 14 Days No Remedy 70-24-409
No Cause* 30 Days No Remedy 70-24-441

* Only applies in the case of a month to month rental agreement.

** State law also allows for termination of a rental agreement if a landlord enters the premises without giving proper notice, however the stipulations are unclear. You should seek counsel prior to taking this action.

The term "Correct or quit" is frequently used in the property management industry. Essentially it means to either remedy the situation or to vacate the premises.

If essentially the same violation occurs within a 6 month period, there is cause for eviction without remedy.

I received an eviction notice. What happens next? How long do I have before I have to be out of my place?

If you receive court papers notifying you that you are being evicted, you have 10 days to submit your "answer" to the landlord's complaint and pay the court filing fees required to do so. If you do not submit an answer within this time frame, then your landlord can request an "entry of default". Landlords almost always win the case automatically when they request an entry of default. If you submit an answer within 10 days and appear in court to defend your case, but the judge decides in the landlord's favor, then the landlord will receive a "writ of assistance" from the court. This means that the court has ordered local law enforcement to assist your Landlord in removing removing you and your possessions from the rental property very soon after the court case. It is not uncommon that tenants are given 1 hour to remove their possessions from the rental proprety. After this occurs, you will only be allowed to return to the property with the landlord's permission and only with the purpose of removing your remaining possessions from the premises. 

Find information on eviction:

MontanaLawHelp.org

Find out what the Montana Landlord/Tenant Act says about evictions:

70-24-411. Unlawful ouster, exclusion, or diminution of service -- tenant's remedies.

70-24-422. Noncompliance of tenant generally -- landlord's right of termination -- damages -- injunction.

70-24-424. Refusal of access -- landlord's remedies.

70-24-426. Remedies for absence or abandonment.

70-24-427. Landlord's remedies after termination -- action for possession.

Montana Landlord/Tenant Law on personal property:

70-24-430. Disposition of personal property abandoned by tenant after termination.