Legal Question in Real Estate Law in Montana


We have a 3 bedroom rental that has been rented since December 1998 by a couple and their 15 year old son. We had a one year lease until December 1999 at which time we decided to make it on a month to month basis. As of today we have received rent for the month of January. We served them with a notice that they were to be evicted by March 10th. Are there any laws that will prevent this during the winter months as they do have a 15 year old. The rental is located in Montana state. Also what are the proper procedures now that we have given them notice if they do not move.


Asked on 3/09/00, 11:23 pm

2 Answers from Attorneys

Re: Eviction

"Dear Landlord": I concur with Attorney Don Jones. I also suggest you contact/join the "Montana Landlord Association" in Kalispell (any realtor should give you the number and address--I've misplaced mine. You should always have a current version of the Montana Landlord-Tenant Act, because the law is definitely 'pro-tenant'.

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Answered on 3/23/00, 5:13 pm
Donald Jones Harrison, Loendorf, Poston & Duncan, P.C.

Re: Eviction

There is no law in Montana that prevents an eviction in the Winter. If the tenants do not leave after providing them with the proper notice, you may begin an unlawful detainer-eviction proceeding at your county Justice Court or District Court. Do not use any "self-help" methods to remove your tenants (ie. changing the locks on the doors or throwing their belongings outside)as this is against the law. You must ask for the Court's assistance where the Judge can order your local sheriff to forcibibly evict your tenants, if neccesary. You should seek the advice of an attorney who is competent in landlord-tenant law before beginning an eviction action. If you would like to discuss this matter with me please call me at 406-442-6350.

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Answered on 3/22/00, 7:15 pm

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