70-24-427. Landlord's remedies after termination -- action for possession. (1) If the rental agreement is terminated, the landlord has a claim for possession and for rent and a separate claim for actual damages for any breach of the rental agreement.
(2) An action filed pursuant to subsection (1) in a court must be heard within 14 days after the tenant's appearance or the answer date stated in the summons, except that if the rental agreement is terminated because of noncompliance under 70-24-321(3), the action must be heard within 5 business days after the tenant's appearance or the answer date stated in the summons. If the action is appealed to the district court, the hearing must be held within 14 days after the case is transmitted to the district court, except that if the rental agreement is terminated because of noncompliance under 70-24-321(3), the hearing must be held within 5 business days after the case is transmitted to the district court.
(3) The landlord and tenant may stipulate to a continuance of the hearing beyond the time limit in subsection (2) without the necessity of an undertaking.
(4) In a landlord's action for possession filed pursuant to subsection (1), the court shall rule on the action within 5 days after the hearing. If a landlord's claim for possession is granted, the court shall issue a writ of possession and a writ of assistance immediately. The writ of assistance must be executed by the sheriff:
(a) within 5 business days of the sheriff receiving the writ of assistance, excluding of the date of receipt by the sheriff; or
(b) at a time no more than 5 business days after the sheriff receives the writ of assistance or as otherwise agreed to by the landlord and the sheriff.
History: En. 42-438 by Sec. 38, Ch. 313, L. 1977; R.C.M. 1947, 42-438; amd. Sec. 1, Ch. 585, L. 1993; amd. Sec. 4, Ch. 408, L. 2003; amd. Sec. 4, Ch. 343, L. 2013; amd. Sec. 2, Ch. 454, L. 2015; amd. Sec. 1, Ch. 517, L. 2021.
Structure Montana Code Annotated
Chapter 24. Residential Landlord and Tenant Act of 1977
70-24-401. Administration of remedies -- enforcement
70-24-402. Settlement of disputed claim or right
70-24-403. Prohibited provision in rental agreement -- unenforceability -- damages
70-24-404. Unconscionability -- court discretion to refuse enforcement
70-24-405. Failure of landlord to deliver possession -- tenant's remedies
70-24-406. Failure of landlord to maintain premises -- tenant's remedies
70-24-407. Damages for minor violations by landlord
70-24-408. Purposeful or negligent failure to provide essential services -- tenant's remedies
70-24-409. Fire or casualty damage -- rights of tenant
70-24-410. Unlawful or unreasonable entry by landlord -- tenant's remedies
70-24-411. Unlawful ouster, exclusion, or diminution of service -- tenant's remedies
70-24-412. through 70-24-420 reserved
70-24-421. Action for nonpayment of rent -- tenant's counterclaim
70-24-423. Waiver of landlord's right to terminate for breach
70-24-424. Refusal of access -- landlord's remedies
70-24-425. Failure of tenant to maintain dwelling -- landlord's right to enter and repair
70-24-426. Remedies for absence or abandonment
70-24-427. Landlord's remedies after termination -- action for possession
70-24-428. Landlord's recovery of possession limited
70-24-430. Disposition of personal property abandoned by tenant after termination
70-24-431. Retaliatory conduct by landlord prohibited
70-24-433. through 70-24-435 reserved
70-24-437. through 70-24-440 reserved