Montana Code 70-33-429. Holdover remedies — consent to continued occupancy
70-33-429. Holdover remedies — consent to continued occupancy. (1) If the tenant remains in possession without the landlord’s consent after expiration of the term of the rental agreement or other termination of the rental agreement, the landlord may bring an action for possession.
Terms Used In Montana Code 70-33-429
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- 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.
(2)If the term is longer than month-to month and the landlord terminates the agreement with cause and the tenant’s holdover is purposeful and not in good faith, the landlord may recover an amount of not more than 3 months’ rent or treble damages, whichever is greater.
(3)If the term of the rental is month-to-month and the landlord terminates the rental agreement without cause and issues a lawful 30-day notice and the tenant remains in the rental unit after the termination date, then the holdover is purposeful and the landlord may recover an amount not more than 3 months’ periodic rent or treble damages, whichever is greater.
(4)In an action for possession or unlawful holdover, the provisions of the Montana Justice and City Court Rules of Civil Procedure, Title 25, chapter 23, apply, except that the time for filing an answer under Rule 4C(2)(b) is 5 business days after service of summons and complaint, exclusive of the date of service.
(5)If the landlord consents to the tenant’s continued occupancy, 70-33-201(2)(e) applies.