Legal Question in Real Estate Law in Montana

Question on owner legal steps to evict tenant who breaks contract.

On Jan 1, 1998 I rented my 2 bedroom farm house to a single guy. The month to month contract states that he can be the only one living in the house. The contract states that he cannot have any other people other than himself living there. This farmhouse is 350 miles from where I live and I just found out from my cousin that he has 5 or 6 people living there. He has paid for the Feb rent. I have a $250. security deposit and now am wondering what my legal steps are as I do not want any screw ups that will allow him to stay because of a missed . or uncrossed T.


Asked on 2/11/98, 1:19 pm

1 Answer from Attorneys
Hugh Wood Wood & Meredith

One Occupant on a Lease

Your landlord tenant Q may turn on specific MT law. In GA, the additional folks living in the tenacy may be considered to be a default under the terms of the lease and landlord may file a dispossessory action. If not, the tenants (unauthorized) may be thrown out as unauthorized subtenants or tenants at will or at sufferance. In GA we are required to give the (other folks) legal notice of the dispossessory action. Talk to a local MT lawyer and move to evict.

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Answered on 2/13/98, 9:13 am


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