My landlord and I have no rental agreement. If I get behind in Rent can he just lock me out and put my things outside?
Full Question:
My landlord and I have no rental agreement. I have paid rent every month until last month I explained to him that I lost my job and would do what I could to get him rent ASAP. I filed for emergency assistance to help pay the rent for last month and this. Today he sends me a new via Facebook that he is going to put my things in the yard and he can because there is no rental agreement. He will not fix leaky pipes.(one above the dryer) or gaps in the doors and windows.. or clean up his dogs poop.. is any of this league?
11/02/2016 |
Category: Landlord Tenant |
State: Montana |
#26087
Answer:
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.
Since no written lease your tenancy is considered a month-to-month tenancy.
70-24-201. Rental agreement -- terms and conditions.
(1) A landlord and a tenant may include in a rental agreement terms and conditions not prohibited by this chapter or other rule or law, including rent, term of the agreement, and other provisions governing the rights and obligations of the parties.
(2) Unless the rental agreement provides otherwise: (a) the tenant shall pay as rent the fair rental value for the use and occupancy of the dwelling unit as determined by the landlord; (b) rent is payable at the landlord's address; (c) periodic rent is payable at the beginning of a term of a month or less and otherwise in equal monthly installments at the beginning of each month; (d) rent is uniformly apportionable from day to day; and (e) the tenancy is week to week in the case of a roomer who pays weekly rent and in all other cases month to month.
(3) Rent is payable without demand or notice at the time and place agreed upon by the parties or provided for by subsection (2) of this section. History: En. 42-413 by Sec. 13, Ch. 313, L. 1977; R.C.M. 1947, 42-413.
The landlord cannot lock you out of your apartment without terminating the tenancy.
70-24-428. Landlord's recovery of possession limited.
Except in the case of abandonment, surrender, or as permitted in this chapter, a landlord may not recover or take possession of the dwelling unit by action or otherwise, including purposeful diminution of services to the tenant by interrupting or causing the interruption of heat, running water, hot water, electricity, gas, or other essential services. History: En. 42-439 by Sec. 39, Ch. 313, L. 1977; R.C.M. 1947, 42-439.
The landlord must give you thirty days notice to vacate if this is considered a month-to-month lease if the termination is without cause.
70-24-441. Termination by landlord or tenant.
(1) The landlord or the tenant may terminate a week-to-week tenancy by a written notice given to the other at least 7 days before the termination date specified in the notice.
(2) The landlord or the tenant may terminate a month-to-month tenancy by giving to the other at any time during the tenancy at least 30 days' notice in writing prior to the date designated in the notice for the termination of the tenancy.
(3) The tenancy terminates on the date designated and without regard to the expiration of the period for which, by the terms of the tenancy, rents are to be paid. Unless otherwise agreed, rent is uniformly apportionable from day to day. History: En. 42-440 by Sec. 40, Ch. 313, L. 1977; R.C.M. 1947, 42-440(1), (2); amd. Sec. 3, Ch. 456, L. 2001; amd. Sec. 6, Ch. 267, L. 2007.
if the termination is for non-payment of rent, the landlord is required to give you three 3 days notice to terminate.
70-24-422. Noncompliance of tenant generally -- landlord's right of termination -- damages -- injunction.
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(2) If rent is unpaid when due and the tenant fails to pay rent within 3 days after written notice by the landlord of nonpayment and the landlord's intention to terminate the rental agreement if the rent is not paid within that period, the landlord may terminate the rental agreement.
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There are other termination reasons and required notices that are not mentioned here.
If the lease is terminated the landlord can file an eviction action and you have 10 days to answer. There are many other laws that govern landlord tenant relationships in Montana. If an eviction is filed you could be responsible for court costs and other fees.
See the Montana Residential Landlord Tenant Act of 1977. http://leg.mt.gov/bills/mca_toc/70_24_4.htm