Montana Wrongful Eviction Lawsuit

Eviction is the legal procedure that a landlord, the owner of real property, may use to terminate the occupancy of rental property by a tenant, an individual or other entity who has leased the property for their use. A legal consultation in Montana would give an individual the opportunity to learn more about eviction in that state and how it works.

What Does the Eviction Process Involve in Montana?

A landlord who wants to evict a tenant may only do so in a legally acceptable manner with a court order that has been signed by a judge. A landlord must go through the legal procedure of eviction to obtain such a court order. Montana’s Justice Courts are the courts that handle housing disputes, including disputes between landlords and tenants and evictions.

In order to evict a tenant in a legally valid way, a landlord must do the following:

• Give the tenant a notice in writing to the effect that their rental agreement is terminated.
• If the tenant does not move out by the date specified in the notice, the landlord then must file a complaint to start an eviction lawsuit against the tenant. This lawsuit is called an “unlawful detainer” action in legal terminology.
• The complaint and a court summons must be served by hand delivery on the tenant.
• The tenant who is named in an unlawful detainer action may challenge the eviction by filing a written answer in the same court as that in which the unlawful detainer action has been filed.
• The court sets a date for a court hearing of the case.
• In order to obtain a court order for eviction, the landlord must prove in court that there is a legally valid reason that justifies the eviction.

Of course, if the tenant does not file an answer to the complaint, the landlord may seek a default judgment in their unlawful detainer action.

Is Eviction a Civil Case in Montana?

An eviction case is a civil case in Montana. However, a tenant might involve some government agencies in trying to resolve certain types of problems. For example, if a residential rental unit needs repairs, Montana law requires tenants to provide the landlord with notice in writing. The notice must describe the issue and give the landlord a reasonable period of time within which to effect repair. This would usually be 14 days.

If the landlord fails to respond and effect the necessary repairs, a tenant may file a complaint with local authorities who deal with building safety, health and habitability issues. They might file a complaint with their local municipal or county code enforcement office. If the issue involves urgent health or safety issues, again, the tenant may submit a complaint to their county or municipal code enforcement office or possibly with the health department.

If these steps do not lead to resolution of the issue, then a tenant would turn to a formal civil complaint in a Montana Justice Court.

What Is Wrongful Eviction?

It is illegal for a landlord to force a tenant to vacate their residential rental unit without going through the legal eviction process and obtaining a court order. If a tenant remains in a unit past the date given on a notice of termination of their lease, their landlord cannot force them out before going through the legal eviction procedure in court. If the landlord were to do this, the tenant could file a wrongful eviction lawsuit.

Wrongful evictions are sometimes also referred to as self-help evictions, because in a wrongful eviction, the landlord forces a tenant out without legal authority.

Even if a tenant owes past-due rent or bills for utilities, a landlord cannot legally shut off the utilities, remove the tenant’s belongings from the unit or change the locks. A landlord must have a court order for eviction signed by a judge before Montana law allows the landlord to send a deputy sheriff to the unit to forcibly remove a tenant from it.

A tenant should know that their landlord has filed an eviction lawsuit against them, because the landlord must have the summons and complaint hand-delivered to the tenant. When this happens, the tenant then has the opportunity to file an answer in court and challenge the eviction.

What Are Some Examples of Wrongful Eviction?

Landlords usually effect wrongful evictions by taking actions to remove the tenant from their rental unit without a court order. The landlord might change the locks and fail to give the tenant the new key. They might remove the tenant’s belongings and put them on the street.

Landlords have been known to turn off utilities that are essential to making the unit habitable, e.g., heat, electricity and/or water. A landlord might harass a tenant in any number of ways, e.g., by making intolerable noise at night.

Montana law provides that every residential lease in Montana includes an implied warranty of habitability. This means that a landlord is obligated to provide a residential tenant with a living space that is habitable, or livable in plain English.

This means that the unit must have hot and cold running water, HVAC service, functional plumbing, electrical supply, sanitation facilities, a trash can, and carbon monoxide and smoke detectors. There are other requirements as well, e.g., a dwelling must be free of vermin. A tenant who has a significant problem with a habitability issue should speak to a Montana lawyer regarding the best way to address the problem.

A tenant cannot withhold rent because their rental is not habitable. However, if the tenant gives the landlord notice of the need for repair and reasonable time in which to make it and the landlord fails to effect the repair, the tenant can get the problem repaired themselves and subtract the cost of their rent.

The only limitation is that the repair must not cost more than one month’s rent. If some more costly repair is necessary, the tenant wants to look to other solutions.

Any conduct on the part of the landlord that deprives the tenant of their right to a habitable residence could qualify as wrongful eviction. For example, if the landlord evicts the tenant for using the repair-and-deduct or other remedy to address the need for repairs, this could be wrongful eviction.

In addition, if a landlord were to evict a tenant because of some characteristic such as their race, gender, national origin, religion, age or disability, this could constitute discrimination. Federal law, i.e., the Fair Housing Act, prohibits discrimination in the sale, rental, or financing of dwellings. If a landlord were to evict a tenant for a discriminatory reason, this could be the basis for a wrongful eviction lawsuit by the tenant.

How Can Someone Sue a Landlord for Illegal Eviction in Montana?

If the landlord threatens a tenant with eviction for claiming their rights, this might be viewed as retaliatory conduct. Evictions pursued against tenants for claiming their rights, e.g., the right to a habitable dwelling, may be retaliatory evictions. Under most circumstances, retaliating against a tenant for legitimate tenant conduct, such as asserting their rights, is not legally allowed.

Before filing a wrongful eviction lawsuit in a Montana Justice Court, a tenant should notify their landlord in writing, giving them a reasonable period of time in which to resolve the issue. If a tenant has done this without obtaining the desired result, they can then file a complaint for wrongful eviction in a Montana Justice Court in the county in which the rental is located.

If a tenant seeks less than $7,000 in damages, they may file their lawsuit in Small Claims Court. The Montana courts provide standardized forms for this purpose and other guidance. But a tenant may wish to consult a lawyer to ensure that they get it right.

In Montana, What Types of Damages Can a Tenant Recover in a Wrongful Eviction Lawsuit?

Montana law provides that a judge may order the landlord to pay a tenant up to 3 times the amount of rent or 3 times the tenant’s actual damages if the tenant is able to prove that the landlord forcibly and illegally removed them from their rental residence.

Are There Any Defenses To Wrongful Eviction Lawsuits?

As noted above, if a landlord retaliates against a tenant for claiming their rights, it might be considered retaliatory. However, a court would not find it to be retaliatory if the tenant owes past-due rent.

In Montana, the law does not offer any protection to a tenant who is not current with their rent payments. So, it is not a good idea for a tenant to withhold rent before they have spoken with a lawyer, because it could cause a tenant to forfeit important legal rights.

Should I Talk to a Montana Lawyer for Any Issues With a Wrongful Eviction Case?

If you are a landlord who has a significant issue with a tenant, or a tenant who has a landlord problem, you want to talk to a Montana landlord tenant lawyer. As can be seen from the information above, landlord-tenant law can get complicated, and it has some very specific requirements regarding notice, timing and the like.

A lawyer can guide you through the technicalities and the procedures, making sure you follow all the rules so you get the remedy you deserve.