Owning rental property can be great, but it also comes with responsibilities. This is especially true if a situation arises where you need to remove a tenant from your property. Understanding Montana eviction laws is crucial for both landlords and tenants in Big Sky Country. Whether you’re a landlord needing to handle a lease violation or a tenant facing possible eviction, a clear understanding of the eviction process, your rights, and legal options is essential.
Montana eviction laws are designed to protect both landlords and tenants. They provide a structured process for handling disputes and evictions. Let’s break down the process. We’ll explore different facets of the law, common reasons for evictions, notices you’ll need, and crucial steps involved. Handling these situations correctly ensures a just outcome for everyone.
Create an account with RentSafe and start screening tenants in minutes! RentSafe is the simplest tenant screening platform on the market, with virtually no learning curve and will empower your team to get vacancies filled faster, whether you have 10 units or 1000+ units.
Grounds for Eviction Under Montana Eviction Laws
In Montana, a landlord can’t just evict a tenant because they feel like it. Montana eviction laws require specific grounds for eviction. Let’s look into these common reasons:
Nonpayment of Rent
One of the most frequent reasons landlords initiate evictions in Montana is the nonpayment of rent. When a tenant fails to pay rent on time, it constitutes a breach of the lease agreement. Landlords have grounds to begin the eviction process. To proceed legally, Montana law mandates a specific procedure.
First, landlords must serve the tenant with a written 3-Day Notice to Pay . This notice gives the tenant three days from the date of receipt to either pay the overdue rent or vacate the property. This stipulation ensures tenants have a fair chance to rectify the situation. This must happen before further action is taken. The notice should outline the exact amount owed and provide a clear deadline for payment.
The MT Code § 70-24-321 (2019) outlines additional provisions. If the tenant fails to meet these requirements within the three-day timeframe, the landlord can proceed. The landlord can file an eviction lawsuit with the appropriate court. Understanding these specific details relating to non-payment ensures you’re approaching the situation legally.
Lease Violations
Beyond unpaid rent, Montana eviction laws address various lease violations. These violations can lead to eviction. They often stem from breaching specific terms outlined in the signed lease agreement. Common lease violations include:
- Unauthorized pets or occupants: If a lease prohibits pets or limits occupants, exceeding those limitations without written permission can be grounds for eviction.
- Property damage: Causing substantial damage to the rental property beyond normal wear and tear is grounds for eviction in Montana. This is true whether damage was intentional or negligent.
- Illegal activity: Engaging in unlawful activities on the property puts the landlord and other tenants at risk. This can be cause for immediate eviction. Examples include drug use or distribution.
When dealing with lease violations in Montana, it is important to reference Montana’s Residential Landlord and Tenant Act of 1977. It lays out the specific rules and guidelines. It explains how a landlord must proceed when a tenant breaks the rules outlined in a lease agreement.
Month-to-Month Tenancy Termination
In Montana, if you have a month-to-month tenancy, either you or your landlord can end the rental agreement for no reason. This is as long as proper notice is provided. A landlord may choose to end the lease agreement this way if they wish to use a vacate letter for their property.
MT Code § 70-24-441 mandates that the landlord or tenant give the other party 30 days’ written notice. If you aim to avoid being taken to court over an eviction lawsuit, make sure to move out of the property by the time those 30 days are up. This means the landlord legally evict you after that period.
The Eviction Process: A Step-by-Step Breakdown
Starting the eviction process in Montana means landlords must follow a structured legal procedure. Failing to adhere to these steps can lead to delays and even dismissal of the eviction case. It is crucial to be thorough and by-the-book when going through Montana’s legal system. These are the steps in the Montana eviction process:
Step 1: Provide Proper Notice
To initiate an eviction lawsuit, a Montana landlord must terminate the tenancy. Terminating the tenancy is as straightforward as serving the tenant with a written notice. This notice will explain why they need to vacate the premises. Several termination notices are recognized under Montana eviction laws:
- Notice to Cure or Remedy: This type of notice gives the tenant a chance to fix the issue. This only applies to certain circumstances, though. According to Mont. Code § 70-24-422(1) , a notice to cure is required when the tenant:
- has an unauthorized pet residing in or at the rental unit (3-day notice required)
- has unauthorized individuals residing in the rental (3-day notice required)
- repeats the same lease violation that led to the landlord serving a notice to cure within six months (5-day notice required), or
- disregards another term of the lease (14-day notice required.)
- 3-Day Notice to Pay Rent: Under Montana eviction laws, Mont. Code § 70-24-422(2) makes it crystal clear: you cannot evict a tenant for failure to pay rent unless a 3-day notice to pay has been delivered to the tenant. This document needs to clearly state that if payment is not received within three days of receiving the notice, their lease is subject to termination. If, at the end of the three-day period, the tenant still has not paid rent, that is when a landlord may file a lawsuit in court to evict.
- Unconditional Quit Notice: In specific cases, Montana law dictates that the landlord can use an unconditional quit notice. There is no opportunity for the tenant to fix the violation; they are simply given a certain amount of time to vacate the premises or face court proceedings. Mont. Code § 70-24-422 (3-4) allows landlords to issue this type of notice when:
- a tenant has destroyed, defaced, or otherwise damaged the rental property, or
- created a situation where other tenants or the property is at reasonable risk (engaging in illegal drug activity or the manufacturing of illegal drugs, is a member of a gang, illegally possesses a firearm, or has participated in any other criminal activities.)
Take notice, in most situations, providing written notice that’s considered “proper” means giving the tenant the chance to fix (or “cure”) the problem. This is true unless the reason for eviction falls under illegal activity that puts others in danger. The safety and security of tenants is very important.
You can download a free template from a website like eForms, or create your own Montana eviction notice using their step-by-step wizard. This wizard will guide you through the entire process from start to finish. Using a tool such as this can help ensure that you are sending a legally sound document. No matter which route you take, remember to comply with Montana Code Annotated (M.C.A.) § 70-24-108 . This outlines the guidelines for creating a valid notice. Always be sure to check the current version to make sure the information is up to date.
Step 2: File an Eviction Lawsuit
If the tenant fails to vacate or remedy the situation, the next step is to formally start the eviction process. This requires the landlord to file an eviction lawsuit, which is also called a “Complaint for Possession.” The lawsuit gets filed in either the Montana District or Justice Court. It’s filed in the same county where the rental property is located. This legal document should be detailed and include specific information about the situation:
- The grounds for eviction, such as non-payment of rent, or lease violation, and a description of that violation
- A complete description of the premises (rental property) including the address
- A breakdown of unpaid rent, if applicable. For any instances of fraud, force, or violence experienced by the landlord in relation to the property should be documented and submitted with the complaint.
Court processes always require payment. This is also true when a landlord is filing suit to evict. Filing fees for these situations are dependent upon the specific court the landlord will appear in. For instance, Montana’s District Courts require a $90 fee ([MCA § 25-1-201(1)(a)] ). Justice Courts vary by location. Keep in mind, other incidental fees could come into play so factor that into your budget as well. Consider this when thinking about whether a lease term of more than one year is right for you as the landlord.
Step 3: Serve the Tenant with the Summons
After you have filed all of the correct documents with the court, a summons will be provided. MCA § 70-27-113(2) describes a Summons as containing very important information. This information must be present on your documents for them to be considered valid:
- Full names of all parties involved
- The name of the Court the lawsuit has been filed with
- Time and Date of the scheduled hearing
- Detailed reason (eviction) and the remedy sought
- How many days after being served the Tenant has to file an Answer (in this case it is 10 days)
- What will happen if a timely Answer is not filed with the Court (landlord will be awarded a default judgement and tenant will be evicted.)
The Summons, along with a copy of the lawsuit needs to be delivered to the tenant. The person delivering those documents must be legally allowed to do so. It should be someone who is authorized to serve court documents, like a sheriff, or process server. A hearing in Justice Court must occur no more than ten days from the date on the Summons that the Answer is due. Due to this rule, hearings could happen within 20 days from when the tenant received the summons. However, they can drag out longer if more time is granted. If the tenant files for a continuance (more time) they will also need to submit payment for damages and back rent to the Court ([MCA § 70-27-202(1)].
Step 4: Tenant’s Response – The Answer
The next step in the process set forth by Montana eviction laws is where the tenant files an “Answer” to the complaint you filed previously. It must be in writing. An “Answer” is a legal document that tenants use to provide their side of the story to the judge. They provide this information in hopes it will sway them in their favor. Essentially, they need to convince the Judge why they are right and the Landlord’s complaint against them is inaccurate. This written answer is due within 10 days of them receiving the Summons from the Process Server. If they fail to file an Answer on time, a Default Order for their eviction could be issued to the landlord ([MCA § 70-27-117)].
Step 5: Court Hearing
This is where both landlord and tenant will present their sides of the story. They’ll also present any evidence they may have. Landlords are wise to come prepared. They should provide the judge with copies of important documents that are part of their case such as:
- Lease agreement
- Proof of service of the Eviction notice
- Copy of the original lawsuit
- Evidence of any lease violations (for example: videos or photos of damage, unauthorized pets or occupants, etc.)
If either party brings up facts or evidence that is disputed by the other party, the eviction process can get a little more complicated. At that point, it will go to a jury trial ([MCA § 70-27-201)]. The judge will usually oversee those hearings, but in certain situations can choose to forgo that right. In these situations, the Judge ultimately makes the ruling rather than a jury. If the landlord wins the case, a judge will issue what’s called a “judgement.” In legal terms, this means the judge or Jury agrees with their argument.
Step 6: Writ of Restitution/Execution
In Montana eviction cases where back rent is owed, once the judge makes a decision (judgement), the court waits 5 days to officially give you the boot. This is also referred to as an execution of judgement. Why? Montana eviction laws make it a point that judges give tenants every chance to stay put. MCA § 70-27-205(3) states that during that time, the tenant is still on the hook to cough up any back rent, damages, and any interest accrued to stay living there. If the payment is not received, the eviction will be carried out.
Step 7: Vacating the Property
Once a Writ of Execution is issued, a tenant can be made to vacate the property anytime. In this final phase of the Montana eviction process, the tenant needs to pack up and get out. This means all of their personal belongings must be removed too. Be aware, in Montana, there is no law that states an exact timeframe the tenant has to be out. It’s really at the whim of how swamped the Sheriff’s department is. Don’t push your luck. Once the paperwork is filed and approved, tenants are expected to vacate immediately.
Seeking Help: Resources for Landlords and Tenants
Navigating Montana eviction laws can be challenging, especially if you’re unfamiliar with legal processes. For landlords, a solid understanding ensures they’re treating their renters fairly while upholding their rights. At times, the situation might call for seeking help. Luckily, many helpful resources are at your disposal:
Montana Legal Services Association
Whether you’re a landlord or a tenant, having legal guidance on your side can be helpful. This is especially true because going through legal processes can feel pretty overwhelming for some. It can mean the difference between being shown the door and staying put. A lawyer who specializes in landlord-tenant disagreements knows Montana’s laws inside and out, can answer your questions, and guide you through all the legal jargon. If the Montana Legal Services Association sounds like the right solution for your problem you can visit them online. They are easy to find on their user friendly website.
Montana Eviction Intervention Project (MT EIP)
MT EIP is run through the Montana Legal Services Association. Their aim is to assist renters before things get to the point of legal action (https://www.mtlsa.org/montana-eviction-intervention-project/) . A unique aspect of this program is that if you qualify, you have access to a qualified attorney at no cost. This service is free to the renter. Some situations fall outside the realm of what they handle, such as:
- Discrimination
- If you are being sued to collect unpaid rent
- Mobile home evictions
For the most up-to-date list it is best to visit their website directly. Keep in mind, they have limited resources so even if your problem falls into the scope of their program, they may not be able to assist.
Montana Public Interest Research Group (MontPIRG)
Landlords in Montana often reach out to MontPIRG for various forms, checklists, and other Landlord-Tenant information. Although the resources themselves are free of charge to use, they can be few and far between. This is especially true if you’re a tenant needing assistance rather than a landlord. Their funding comes from various donations from corporations and individuals.
Additional Resources
- Montana Law Help This organization can provide helpful advice to renters. They can answer questions regarding topics such as notices, public or subsidized housing, what to expect at a court hearing, appealing an eviction, and even your rights after an eviction has occurred. Keep in mind that laws are constantly being updated and changed. Because of this, checking with Montana’s Codes yourself is advisable.
- Montana Fair Housing Here you’ll find answers regarding discrimination, your rights as a tenant, resources available in various communities, plus links to submit a complaint with the U.S. Department of Housing and Urban Development (HUD), the Montana Human Rights Bureau (HRB), and even your local Human Rights organization if you qualify. If you are experiencing discrimination due to things like your race or because you receive housing choice vouchers, this is the organization for you. They can inform you of your rights as a renter in the state of Montana.
FAQs About Montana Eviction Laws
How Long Does the Eviction Process Take in Montana?
The length of the process can be as little as a month. However, it can drag out much longer than that. Two months isn’t unusual. Unfortunately, there is no definitive answer. The exact amount of time varies by several factors. This includes:
- The county the courts are in
- How backed up the judicial system is at that time
- The complexity of your specific situation
Can You Evict Someone Without a Lease in Montana?
The quick answer is yes. You can evict someone without a traditional lease in Montana. However, the circumstances and type of agreement dictate what steps a landlord needs to take. For a month-to-month situation, a 30-day notice to vacate is generally required. Other arrangements could require less time. Without a doubt, reviewing both Montana’s eviction laws and speaking with an experienced attorney familiar with those laws is always the best course of action. They can ensure you are in compliance.
What Are Squatters Rights in Montana?
Squatters rights (also called “adverse possession”) vary greatly. They vary depending on your geographical location. They also vary depending on whether certain specific conditions have been met. You must have resided on that specific property and paid the taxes consistently for five or more years [MRC § 70-19-401 , § 70-19-411] . In addition, it must meet several criteria for adverse possession to come into play:
- Exclusive use: The individual cannot share the residence with other people. The individual must have what is considered exclusive use of the property. This also means that legally, no one else’s name is on the title.
- Open & Notorious : It must be completely clear that a squatter resides there. They can’t be hiding it.
- Actual : For a squatter to invoke their “rights” there must be proof of their residing there.
- Hostile/Adverse : They do not have any type of legal, binding contract such as a rental or lease agreement with the actual property owner to reside at that address. They are not there with the owner’s permission.
- Continuous: For adverse possession rules to come into play, there cannot be any breaks in residency. That doesn’t mean a weekend getaway here and there disqualifies them from this stipulation, however. The courts have made exceptions. For example: in situations such as if the property is a summer cabin and someone takes possession in the off season (winter). Because they are only there when no one else wants to be, adverse possession rules could apply.
While unusual, there are situations where the person claiming to be a squatter could end up with the property’s legal title, even though their name isn’t on the deed. For instance: if the above criteria have been proven and documented, squatters are legally within their right to file suit. They would be filing suit to be awarded “adverse possession” of a property. Successfully navigating these proceedings requires submitting proof in court. This proof must establish their ownership claim is legitimate.
How Much Does It Cost to Evict Someone in Montana?
In an ideal situation, the tenant moves out on their own before you need to pursue legal action. If that happens, the cost will simply be however many days they did not pay rent. Keep in mind, there is no way to give an exact price. Each situation varies wildly. As a baseline, expect filing fees of $50 in Missoula County. This, of course, does not cover situations such as if there was damage to your property. Things such as having to hire a lawyer, court costs if the case goes before a judge, plus back rent owed and having to find a new tenant will of course factor in as well. These factors will influence the decision you make when thinking about security deposits.
Evictions in MT: Wrapping Up
Montana eviction laws provide a specific framework that all landlords and renters must abide by. They ensure everyone understands the rules regarding agreements as well as potential repercussions. These repercussions could occur if either party doesn’t follow the law. Keep in mind that it’s crucial for both parties to communicate clearly throughout every step. In most cases, simply sitting down face-to-face can remedy even the worst situations. Being educated, prepared, and willing to discuss even tough subjects will put you ahead of the curve. By understanding Montana eviction laws, everyone involved can confidently handle even tricky rental situations.
