If a tenant fails to vacate by specified date, can the police be used to remove tenant?
Full Question:
If a tenant gives notice to vacate the rented premises, and fails to vacate at the specified date, can the renter be removed by the police?
06/07/2007 |
Category: Landlord Ten... ยป Lease Termin... |
State: Montana |
#6255
Answer:
The applicable Montana statute is as follows:
70-24-429. Holdover remedies — consent to continued occupancy — tenant's
response to service in action for possession.
(1) If the tenant remains in possession without the landlord's consent
after expiration of the term of the rental agreement or its termination,
the landlord may bring an action for possession. If the tenant's holdover
is purposeful and not in good faith, the landlord may recover an amount not
more than 3 months' periodic rent or treble damages, whichever is greater.
(2) In an action for possession or unlawful holdover, the provisions of
Title 25, chapter 23, apply, except that the time for filing an answer
under Rule 4C(2)(b) is 10 days after service of summons and complaint,
exclusive of the date of service.
(3) If the landlord consents to the tenant's continued occupancy,
70-24-201(2)(e) applies.