Montana Complaint for Forcible Entry and Detainer - Defendant Refuses to Surrender Premises on Demand

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US-03314BG
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Unlawful entry is illegal entry upon lands or structures without force but by means of fraud or other willful wrong. It is closely related to housebreaking. But unlike housebreaking, the intent to commit an offense within the place entered is not needed for this offense. The basis of proof for this offense is that the entry was unlawful and that the conduct of the accused was contrary to good order and discipline.


Unlawful detention means keeping in custody unlawfully. Under criminal law it means keeping or confining a person in custody without any lawful reason. In civil law it is keeping in custody real property to which one is not entitled. A person is guilty of unlawful detention of real property when entry is made wrongfully without any right or title into any vacant or unoccupied lands tenements or other possessions.

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FAQ

Forcible Entry & Detainer (FED) is the legal term for Evictions. This is a process that returns the rental property (premises) from the renter (tenant) to the homeowner (landlord). For example, if a renter: Fails to pay rent when due, or.

Substantially endangers the property of landlord, co-tenant or person living on or near premises; o Is a violent or drug-related felony; or o Is declared a public nuisance and carries a potential sentence of 180 days or more. >

While the statute for month-to-month leases requires 21 days' advance notice of termination, 30 days' notice is customarily given for unwritten month-to-month leases. Tenants can be evicted for any number of reasons, including: Expiration of the lease; failure to pay rent (i.e., monetary defaults) (C.R.S.

Section 24.001 - Forcible Entry and Detainer (a) A person commits a forcible entry and detainer if the person enters the real property of another without legal authority or by force and refuses to surrender possession on demand.

Ten steps to a successful eviction. 1) A rule or obligation of tenancy exists. 2) The rule has been violated. 3) The violation can be proven. 4) The landlord (or agent) provides the tenant with a written notice of default. 5) The notice is served in the proper manner as provided in RCW 59.12.

24.005. NOTICE TO VACATE PRIOR TO FILING EVICTION SUIT.

If any person enters upon or into any lands, tenements, mining claims, or other possessions by force or by threats of violence, or words or actions which have a natural tendency to excite fear or apprehension of danger, and intimidates the party entitled to possession from returning upon or possessing the same, such ...

Section 13-40-104 - Unlawful detention defined (1) Any person is guilty of an unlawful detention of real property in the following cases: (a) When entry is made, without right or title, into any vacant or unoccupied lands or tenements; (b) When entry is made, wrongfully, into any public lands, tenements, mining claims, ...

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Montana Complaint for Forcible Entry and Detainer - Defendant Refuses to Surrender Premises on Demand