Montana Writ of Assistance for Residential Eviction
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FAQ
Evictions related to the illegal activity are held earlier, within 5 days from the date the tenant should have filed their answer. Meanwhile, all other types of evictions (such as failure to pay rent) must be held within 14 days from the date the tenant should have filed their answer.
There is no law against evicting a tenant in the winter.
The notice must inform the tenant that the tenant has three days to pay rent or the landlord will terminate the tenant's lease or rental agreement. The landlord can file an eviction lawsuit if the tenant does not pay the rent within the three-day notice period.
Your landlord must give you 30 days notice to terminate your rental agreement, unless the landlord alleges some violation that allows for shorter notice. For example, if you are behind on rent, the landlord could give you a 3 day notice to pay or vacate.
Montana landlords can use an unconditional quit notice giving the tenant three days to move out when the tenant: destroys, defaces, damages, impairs, or removes any part of the rental (Mont. Code Ann. § 70-24-422(3) (2021)), or.
Montana Eviction Court Fees The total cost of an eviction in Montana for all filing, court, and service fees varies heavily on which court the eviction is filed in. For cases filed in Justice Court, the average cost is $315. For cases filed in District Court, the average cost is $385.
Talk to Your Landlord You may be able to come to an agreement without going to court. An eviction will cost both of you money (as well as time), and your landlord may be willing to stop the eviction if you agree to certain terms, such as paying rent you owe or stopping behavior that violates the lease.
The basics. A writ of possession, also known as a writ of eviction, is an order from the court after a landlord wins their eviction case. It allows the landlord to take back possession of their property and forces the current tenant/inhabitants out.