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Montana
Complaint for Unlawful Detainer - Tenant Holding Over After...

Montana Complaint for Unlawful Detainer - Tenant Holding Over After Expiration of Term

Category:

Landlord Tenant - Complaints

State:

Multi-State

Control #:

US-03329BG

Format:

Instant download

Description

A forcible entry is an entry on real property in the peaceful possession of another, against the occupant's will, without legal authority, with actual or threatened force. Forcible detainer arises after entry, whether forcible or not, and usually consists of the unlawful holding of real property by force or by threats or menaces after a peaceable entry -- as in the case of a hold-over tenant.

This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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How to fill out Complaint For Unlawful Detainer - Tenant Holding Over After Expiration Of Term?

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FAQ

When a tenant stays in a property beyond the expiration of the lease, what is that tenancy called? The answer is tenancy at sufferance.

Holdover tenant refers to a renter staying in the property after their lease terminates without signing a new lease. In this situation, the landlord may take steps to remove the tenant from the property or bind the tenant to a new lease.

If a landlord continues to accept rent payments, a holdover tenant can legally occupy the property, and state laws and court rulings determine the length of the new rental term?. If a landlord does not accept further rent payments, the tenant is considered a trespasser and may be evicted.

814 - ABANDONED PROPERTY. (1) Property left unattended for more than 48 hours may be impounded, except where otherwise posted.

A holdover tenant is a renter who remains in a property after the expiration of the lease. If the landlord continues to accept rent payments, the holdover tenant can continue to legally occupy the property, and state laws and court rulings determine the length of the holdover tenant's new rental term.

70-24-441. Termination by landlord or tenant. (1) The landlord or the tenant may terminate a week-to-week tenancy by a written notice given to the other at least 7 days before the termination date specified in the notice.

Tenancy at sufferance refers to holdover tenants of an expired lease who no longer have the landlord's permission to remain in the property, but who have not yet been evicted.

Holdover tenant refers to a renter staying in the property after their lease terminates without signing a new lease.

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