Eviction Laws in Montana:- There are particular laws and guidelines in Montana that govern the eviction process. A Montana landlord who wants to successfully evict a tenant must pay close attention to these steps. This data includes all types of evictions, regardless of whether you get housing assistance through a government programme such as Section 8.
Receiving housing aid entitles you to additional legal safeguards. See our section on Subsidised Housing for additional information. You should check out our section on Mobile Homes if you are the owner of a mobile home and are renting the land.
Knowing Eviction Laws in Montana:-
A major factor in regulating the interaction between landlords and tenants in Montana is the eviction laws. To guarantee a just and proper eviction procedure, it is critical that both parties have a thorough awareness of these regulations. Only specified legal grounds may be used for eviction in Montana, and landlords are required to adhere to particular notification requirements and processes.
An overview of Montana’s eviction laws, including the procedures, notification obligations, legal grounds for eviction, and the rights and obligations of tenants and landlords, will be given in this article.
Process of Eviction in Montana:-
Although the procedures for evictions in Montana vary from county to county, they all essentially follow the same guidelines:
- Completing the forms
- Assist the lessee
- Attend the trial.
- Hold off till the verdict
The specifics of the lease or rental agreement, which is signed by the landlord and the tenant, determine how each eviction procedure is carried out. To prevent mistakes that the renter might take advantage of, it is always advisable to maintain precise records. An eviction action requires patience and time to be filed. For a landlord managing several properties, court proceedings can be a protracted and tiresome process.
Additionally, a landlord may incur higher costs than benefits. It is generally recommended that landlords attempt to resolve issues with tenants outside of court. A landlord will only resort to filing for a formal eviction action in the most dire circumstances.
An overview of the process that landlords can use to evict a tenant is provided in this article. Verify protocols and details with your justice court to guarantee a seamless transaction throughout.
As an alternative, a landlord seeking further details on the guidelines for a lawful eviction may consult an attorney for legal guidance. An attorney knowledgeable in Montana law will provide you with the best legal guidance.
The Montana Eviction Laws Update for 2023:-
Maintaining current knowledge of eviction law modifications is necessary in order to fulfil legal requirements. New eviction legislation revisions were introduced in Montana in 2023, and they have an impact on both landlords and tenants. The article’s revisions to the eviction rules for 2023 will be discussed in this part, along with how they affect renters’ and landlords’ rights and obligations.
What constitute a valid notice of conviction?
Your landlord must give you formal notice terminating your rental agreement before requesting that you leave. Usually, the landlord sends out a letter with such notice. It is not submitted to a judge. A legal notice can be drafted by hand. Additionally, landlords have the option to use online forms as a notice.
The notice of termination from the landlord is the precursor to an eviction, not the actual eviction itself. You must receive written notice from your landlord informing you that your tenancy will end in a certain number of days.
The number of days is determined by the alleged infraction made by your landlord. The landlord may file a lawsuit to have you removed if you don’t vacate by the deadline indicated in the termination notice.
A notice needs to meet certain requirements in order to be considered valid.
- Send handwritten letters, emails, or messages.
- Indicate how long you have left to move out in days.
- If the landlord is required by law to provide you with an opportunity to resolve the issue, then grant it.
- be brought to you. You have three options for receiving the notice: by hand, mail, or posting it on your door. You do not need to have a process server or law enforcement agent serve it to you.
The statute at Montana Code Annotated (M.C.A.) Section 70-24-108 specifies what constitutes a legitimate notification. Keep in mind that the sign § stands for section. The Title number is 70. The chapter number is 24. Furthermore, Section number is 108.
Reasons for Eviction
Giving notice is the first thing that must happen in every eviction. Notice to Pay, Notice to Comply, Notice to Vacate, Notice to Move, and Notice to Quit are some of the different titles for this notification. The meaning of the final three is the same.
The notification must explain to the tenant why they are facing eviction as well as the length of time they have left before the procedure starts, alerting them to the possibility of being evicted. With the exception of specific situations outlined in each state’s eviction laws, a landlord is not permitted to evict any tenants without this notice.
For an eviction to be lawful, the landlord must give the proper notice prior to filing for eviction. The following provides further details on notice periods:
1. Not paying your rent on time or at all
The most frequent cause of eviction is failure to pay rent. For nonpayment of rent, a tenant may be subject to eviction by the landlord.
In Montana, rent is deemed late if it is received one day past due. For instance, if the lease specifies that rent is due on the 25th and the tenant is unable to pay by the 26th, rent is deemed to be late, and the landlord has the right to issue an eviction notice.
If both the landlord and the tenant include a grace period in the lease or rental agreement, it may be possible to prolong the rent payment term.
On the other hand, month-to-month tenants may receive a written notice from the landlord of thirty days. It signifies that rent for month-to-month tenants is due in 30 days.
When a tenant facing eviction for nonpayment of rent successfully pays the landlord the total amount owed before the notice period expires, the eviction procedure is terminated and the renter is allowed to remain in their rental property.
The landlord may start the eviction process if they are unable to pay the rent by the end of their notice term.
2. Breach of the lease or rental agreement
Tenant to tenant variations may exist in a lease or rental agreement. It outlines each party’s obligations for the whole time the tenant is staying there.
A breach of the lease could result in the tenant’s eviction. The provisions of the lease agreement must always be adhered to by both landlords and tenants.
A breach of the lease could result in the tenant’s eviction. A landlord must send the tenant a 3-Day Notice to Comply, which gives them three days to resolve the problem or risk being evicted, before they may begin the process of filing for an eviction.
This only applies if the rental unit’s damage, the presence of an unauthorised pet in a pet-free rental unit, or the presence of “unauthorised” individuals or pets on the rental property are the only reasons for the lease breach.
The landlord is required to provide the tenant a written notice known as a 14-Day Notice to Comply in the event that the tenant violates any of the other lease provisions not included above. The renter is then threatened with eviction unless they resolve the problem within 14 days.
Again, month-to-month tenants are not obliged to accept the landlord’s provision of a written notice of thirty days, but they are free to do so. This implies that they have 30 days to correct the infraction.
3. Violation of material health or safety
The building, safety, health, and housing requirements are all taken into consideration by New Mexico legislation. A formal notice known as a 14-Day Notice to Comply must be given by the landlord to the tenant in the event that any of these codes are broken. Tenant may be subject to eviction if they fail to remedy their infraction within a period of 14 days.
However, month-to-month tenants are not obliged to accept the landlord’s written notice of thirty days, even though they are welcome to. Tenants on a month-to-month basis will therefore have thirty days to correct any code infractions.
Violating a material health and safety code has an impact on the overall condition of the rental property and may result in health problems. It comprises the following, albeit not exclusively:
- Long stretches of time without trash removal invite rats and/or bugs.
- causing harm to a unit’s electrical wiring
- damaging a unit’s plumbing fixtures
If the tenant does not remedy the infringement within the allotted period and continues to occupy the landlord’s property, the landlord may proceed to apply for an eviction.
4. Taking part in unlawful activities
A renter in the state of New Mexico who has committed an illegal act on the property is required to give three days’ notice in order to vacate. Usually, tenants are forced to vacate the property or face facing legal action for eviction.
The following unlawful behaviours are taken into consideration under Montana’s eviction rules, albeit they are not the only ones:
- Gang-related activities
- Having an illicit firearm, explosive, or dangerously toxic material in one’s possession
- participation in the production, sale, or use of a hazardous controlled substance
- For further details, refer to MT Code § 70-24-321 (2019).
For renters on a month-to-month lease, the landlord may provide a written notice of thirty days. Monthly renters will therefore have thirty days to correct their infractions.