Montana Complaint for Possession and Damages

If your tenant damages your rental property, your landlord insurance may cover that damage, depending on your policy and the type and extent of the damage. There are three types of tenant damage: accidental, intentional and normal wear and tear. Accidental damage Sometimes covered by landlord insurance.

In most cases when a rental property is damaged, you have the right to keep all or part of the security deposit to offset the repair costs. But again, security deposits are heavily regulated by the landlord-tenant laws in your location.

(3) Subject to paragraph (4), for the purposes of execution, a writ or warrant will be valid for the period of 12 months beginning with the date of its issue. (4) The court may extend the relevant writ or warrant from time to time for a period of 12 months at any one time.

Landlord Rights When Tenant Destroys PropertyIf the tenant is evicted or already abandoned the property the landlord can deduct money from the security deposit. If the damages exceed the funds in the security deposit the landlord can sue the tenant in small claims court.

When damages or issues affect a rental unit's liveability, it is the landlord's responsibility to fix these damages at no cost to the tenant. Landlords are also responsible for repairing (and sometimes replacing) damaged items or appliances that are in the lease agreement.

Damage to the Property: A landlord can sue a tenant if the tenant has caused damage to the property.To Recover Lost Rent From an Illegal Move Out: If the tenant moved out before their lease was actually up, you can take them to court to recover the rent they owed for the remaining time on their lease.

When the court issues a warrant, it will send your tenants an eviction notice with the date they must leave your property by. A bailiff can evict your tenants if they do not leave by this date. You can apply for a warrant of possession up to 6 years after a possession order is made.

Generally, you have all the rights of a month-to-month tenant. 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.

If your tenant has caused damages, here are a few points2026 Landlord's right: Of course, you have the right to claim against any damages caused by your tenant (not to be confused with wear and tear). Tenancy Deposit: the deposit is there to be used against damages.