Montana Code Annotated
Part 4. Remedies
70-24-427. Landlord's remedies after termination -- action for possession

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

Montana Code Annotated

Title 70. Property

Chapter 24. Residential Landlord and Tenant Act of 1977

Part 4. Remedies

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

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

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

70-24-429. Holdover remedies -- consent to continued occupancy -- tenant's response to service in action for possession

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

70-24-431. Retaliatory conduct by landlord prohibited

70-24-432. Repealed

70-24-433. through 70-24-435 reserved

70-24-436. Repealed

70-24-437. through 70-24-440 reserved

70-24-441. Termination by landlord or tenant

70-24-442. Attorney fees -- costs