Montana Code 70-24-427. Landlord’s remedies after termination — action for possession
70-24-427. Landlord’s remedies after termination — action for possession. (1) If the rental agreement is terminated, the landlord has a claim for possession, rent, and actual damages for any breach of the rental agreement.
Terms Used In Montana Code 70-24-427
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- Continuance: Putting off of a hearing ot trial until a later time.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Summons: Another word for subpoena used by the criminal justice system.
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.
- Writ: means an order in writing issued in the name of the state or of a court or judicial officer. See Montana Code 1-1-202
(2)(a) Except as provided in subsection (2)(b), an action filed pursuant to subsection (1) in a court must be heard within 10 business days after the tenant’s appearance or the answer date stated in the summons, except that if the rental agreement is terminated because of noncompliance under 70-24-321(3), the action must be heard within 5 business days after the tenant’s appearance or the answer date stated in the summons. If the action is appealed to the district court, the hearing must be held within 10 business days after the case is transmitted to the district court, except that if the rental agreement is terminated because of noncompliance under 70-24-321(3), the action must be heard within 5 business days after the case is transmitted to the district court.
(b)A hearing for damages for any breach of the rental agreement must be held within 45 days after the claim of possession and rent has been adjudicated.
(3)The landlord and tenant may stipulate to a continuance of the hearing beyond the time limit in subsection (2) without the necessity of an undertaking.
(4)In a landlord’s action for possession filed pursuant to subsection (1), the court shall rule on the action within 5 days after the hearing. If a landlord’s claim for possession is granted, the court shall issue a writ of possession and a writ of assistance immediately. The writ of assistance must be executed by the sheriff:
(a)within 5 business days of the sheriff receiving the writ of assistance, excluding of the date of receipt by the sheriff; or
(b)at a time no more than 5 business days after the sheriff receives the writ of assistance or as otherwise agreed to by the landlord and the sheriff.