Montana Eviction Complaint (Forcible Entry and Unlawful Detainer)

COMPLAINT FOR POSSESSION, RENT, AND DAMAGES (RESIDENTIAL EVICTION)

Montana — Mont. Code Ann. § 70-24-427

TABLE OF CONTENTS

1. Caption
2. Introduction
3. Parties, Jurisdiction, and Venue
4. Premises and Rental Agreement
5. Pre-Litigation Notice and Default
6. Count I — Action for Possession (Mont. Code Ann. § 70-24-427)
7. Count II — Breach of Rental Agreement (Damages)
8. Count III — Holdover Remedies (where applicable)
9. Prayer for Relief
10. Demand for Trial / Jury Demand
11. Verification
12. Signature and Service Blocks
13. Exhibits
14. Montana Practice Notes
15. Sources and References

1. CAPTION

MONTANA [JUSTICE / DISTRICT] COURT

[__________] COUNTY, STATE OF MONTANA

Cause No.: [____________]

COMPLAINT FOR POSSESSION, RENT, AND DAMAGES

(Statutory Expedited Hearing — Mont. Code Ann. § 70-24-427(2))

2. INTRODUCTION

COMES NOW Plaintiff, [LANDLORD'S NAME], by and through undersigned counsel, and for its Complaint against Defendants for possession, rent, and actual damages pursuant to Mont. Code Ann. § 70-24-427 and the Montana Residential Landlord and Tenant Act of 1977 (Mont. Code Ann. Title 70, chapter 24), alleges as follows:

3. PARTIES, JURISDICTION, AND VENUE

3.1 Plaintiff [LANDLORD'S NAME] is ☐ a Montana resident / ☐ a Montana [LLC/Corporation/Partnership] with a principal place of business at [ADDRESS], and is the owner / landlord / authorized property manager of the residential rental premises that is the subject of this action.

3.2 Defendant [TENANT 1 NAME] is, upon information and belief, an adult resident of [COUNTY] County, Montana, presently residing at the rental premises identified in Section 4 below.

3.3 Defendant [TENANT 2 NAME] is, upon information and belief, an adult resident of [COUNTY] County, Montana, presently residing at the rental premises identified in Section 4 below.

3.4 Defendants "ALL OTHER OCCUPANTS" are unknown persons, if any, in possession of the rental premises pursuant to or claiming under Defendants.

3.5 Subject-matter jurisdiction is proper in this Court pursuant to Mont. Code Ann. § 3-10-302, under which the justices' courts have concurrent jurisdiction with the district courts, within their respective counties, in actions brought under Title 70, chapters 24, 25, and 33. The Premises are residential rental property governed by Title 70, chapter 24, and this action for possession arises under Mont. Code Ann. § 70-24-427. ☐ Justice Court / ☐ District Court.

3.6 Venue is proper in this Court because the rental premises are located in [____] County, Montana, and the justices' courts of that county have concurrent jurisdiction under Mont. Code Ann. § 3-10-302.

3.7 Personal jurisdiction over Defendants is proper because Defendants reside in Montana and are in possession of real property located within this County.

4. PREMISES AND RENTAL AGREEMENT

4.1 The rental premises (the "Premises") are located at:

[STREET ADDRESS, UNIT/APT NO., CITY, COUNTY, MONTANA, ZIP]

4.2 The Premises are residential rental property within the meaning of Mont. Code Ann. § 70-24-103.

4.3 Plaintiff (or Plaintiff's predecessor in interest) and Defendant(s) entered into a written / oral rental agreement on or about [__/__/____] (the "Rental Agreement"), a true and correct copy of which is attached as Exhibit A (if written).

4.4 Material terms of the Rental Agreement include:

4.5 Defendants took possession of the Premises on or about [__/__/____] and have remained in possession through the date of this Complaint.

5. PRE-LITIGATION NOTICE AND DEFAULT

5.1 On or about [__/__/____], Plaintiff gave Defendants a written notice (the "Notice") pursuant to Mont. Code Ann. § ☐ 70-24-422(2) (3 days — nonpayment of rent) / ☐ 70-24-422(1)(b) (3 days — unauthorized pet) / ☐ 70-24-422(1)(c) (3 days — unauthorized persons residing in the unit) / ☐ 70-24-422(1)(d) (14 days — noncompliance not listed in (1)(b), (1)(c), or (1)(f)) / ☐ 70-24-422(1)(e) (5 days — recurrence within 6 months) / ☐ 70-24-422(1)(f) (3 days — verbal abuse of the landlord) / ☐ 70-24-422(3) (3 days — destruction or damage under § 70-24-321(2)) / ☐ 70-24-422(4) (3 days — reasonable potential of damage or injury under § 70-24-321(3)) / ☐ 70-24-441(2) (30 days — month-to-month termination) / ☐ 70-24-441(1) (7 days — week-to-week termination) / ☐ Other: [____].

5.2 A true and correct copy of the Notice and Proof of Service is attached as Exhibit B.

5.3 The Notice was given to Defendants by a method constituting notice under Mont. Code Ann. § 70-24-108(1): ☐ actual knowledge (§ 70-24-108(1)(a)) / ☐ delivered in hand (§ 70-24-108(1)(d)) / ☐ mailed with a certificate of mailing (§ 70-24-108(1)(d)) / ☐ certified mail (§ 70-24-108(1)(d)) / ☐ electronic mail to the address Defendant provided in the rental agreement, with a read receipt or non-automated reply received (§ 70-24-108(1)(c)).

5.4 The Notice gave Defendants [____] days from service within which to ☐ pay the rent due / ☐ cure the noncompliance / ☐ vacate the Premises.

5.5 The Notice period expired on [__/__/____].

5.6 Defendants have failed and refused to:

☐ Pay the rent demanded ($[________] as of the date of this Complaint);

☐ Cure the noncompliance described in the Notice;

☐ Vacate and surrender possession of the Premises.

5.7 As a result, the Rental Agreement terminated on [__/__/____], and Defendants have remained in possession of the Premises since that date without Plaintiff's consent, entitling Plaintiff to bring this action for possession under Mont. Code Ann. §§ 70-24-427(1) and 70-24-429(1).

6. COUNT I — ACTION FOR POSSESSION

(Mont. Code Ann. §§ 70-24-427, 70-24-429)

6.1 Plaintiff incorporates Sections 1 through 5 by reference.

6.2 Defendants' tenancy at the Premises lawfully terminated upon expiration of the Notice period as alleged in Sections 5.5 and 5.7 above.

6.3 Defendants have remained in possession of the Premises after termination of the Rental Agreement without Plaintiff's consent. Under Mont. Code Ann. § 70-24-429(1), where 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. Under § 70-24-427(1), Plaintiff has a claim for possession, rent, and actual damages for breach of the Rental Agreement.

6.4 Plaintiff has demanded possession; Defendants have refused.

6.5 Plaintiff is entitled to possession of the Premises and, upon the Court granting the claim for possession, to issuance of a writ of possession and a writ of assistance directing the sheriff to remove Defendants and all other occupants from the Premises (Mont. Code Ann. § 70-24-427(4)).

7. COUNT II — BREACH OF RENTAL AGREEMENT (DAMAGES)

7.1 Plaintiff incorporates Sections 1 through 6 by reference.

7.2 Defendants breached the Rental Agreement by:

☐ Failing to pay rent due in the amount of $[________];

☐ Failing to pay reasonable late fees in the amount of $[________];

☐ Failing to comply with [LEASE PROVISION/STATUTORY DUTY], specifically: [DESCRIBE];

☐ Causing damage to the Premises beyond ordinary wear and tear, in the amount of $[________];

☐ Other: [________________________________].

7.3 Defendants' breach has caused Plaintiff to incur damages, including:

8. COUNT III — HOLDOVER DAMAGES

(where applicable)

8.1 Plaintiff incorporates Sections 1 through 7 by reference.

8.2 Beginning [__/__/____] (the day after termination), Defendants have remained in possession of the Premises without right.

8.3 The fair rental value of the Premises is $[________] per day ($[________] per month).

8.4 Defendants are liable for rent and actual damages from [__/__/____] through the date Defendants surrender possession or are removed by writ (Mont. Code Ann. § 70-24-427(1)).

8.5 Statutory holdover remedy. Plaintiff further alleges, as applicable:

☐ Month-to-month terminated without cause. The term of the rental was month-to-month, Plaintiff terminated without cause and issued a lawful 30-day notice, and Defendants remained in the rental unit after the termination date. The holdover is therefore purposeful as a matter of law, and Plaintiff may recover an amount not more than 3 months' periodic rent or treble damages, whichever is greater (Mont. Code Ann. § 70-24-429(3)).

☐ Term longer than month-to-month terminated with cause. The term was longer than month-to-month, Plaintiff terminated with cause, and Defendants' holdover is purposeful and not in good faith; Plaintiff may recover an amount not more than 3 months' periodic rent or treble damages, whichever is greater (Mont. Code Ann. § 70-24-429(2)).

☐ Purposeful noncompliance. Defendants' noncompliance was purposeful, entitling Plaintiff to treble damages under Mont. Code Ann. § 70-24-422(5), except that treble damages may not be recovered for a tenant's early termination of the tenancy (§ 70-24-422(6)).

9. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully prays that the Court:

A. Enter judgment for Plaintiff and against Defendants for possession of the Premises located at [ADDRESS] (Mont. Code Ann. § 70-24-427(1));

B. Issue a writ of possession and a writ of assistance immediately upon granting the claim for possession, directing the [____] County Sheriff to remove Defendants and all other occupants from the Premises and restore possession to Plaintiff (Mont. Code Ann. § 70-24-427(4));

C. Award Plaintiff rent and actual damages in the amount of $[________] for unpaid rent, charges due under the Rental Agreement, and damage to the Premises, plus rent and actual damages accruing from the date of judgment through surrender of possession (Mont. Code Ann. § 70-24-427(1)), and ☐ the statutory holdover amount under Mont. Code Ann. § 70-24-429(2) or (3) as pleaded in Count III;

D. Award pre-judgment interest as allowed by law from the date each sum became due;

E. Award post-judgment interest under Mont. Code Ann. § 25-9-205(1)(a), at a rate equal to the bank prime loan rate published in the Federal Reserve's H.15 release on the day judgment is entered, plus 3%, not compounded — or, where the Rental Agreement specifies an interest rate, at the contractual rate (§ 25-9-205(2));

F. Award costs of suit, including filing fees and service-of-process costs;

G. Award reasonable attorney fees, together with costs and necessary disbursements, to Plaintiff as the prevailing party pursuant to Mont. Code Ann. § 70-24-442(1);

H. Set this action for hearing within the time required by Mont. Code Ann. § 70-24-427(2)(a) — within 10 business days after Defendants' appearance or the answer date stated in the summons, or within 5 business days where the Rental Agreement was terminated for noncompliance under § 70-24-321(3) — and rule on the claim for possession within 5 days after the hearing (§ 70-24-427(4)); and

I. Grant such other and further relief as the Court deems just and proper.

10. DEMAND FOR TRIAL / JURY DEMAND

☐ Plaintiff demands trial by JURY on all issues so triable.

☐ Plaintiff requests a BENCH TRIAL.

11. VERIFICATION

STATE OF MONTANA

COUNTY OF [____] ss.

I, [LANDLORD / AGENT NAME], being first duly sworn upon oath, depose and state that I am the Plaintiff (or authorized agent of Plaintiff) in the above-captioned matter; that I have read the foregoing Complaint; and that the facts stated therein are true and correct to the best of my knowledge, information, and belief.

Signature: [________________________________]

Printed Name: [________________________________]

Title: [________________________________]

Subscribed and sworn to before me this [____] day of [_____________], [____].

Notary Public for the State of Montana

Residing at: [________________________________]

My commission expires: [__/__/____]

[NOTARY SEAL]

12. SIGNATURE AND SERVICE BLOCKS

Dated this [____] day of [_____________], [____].

Respectfully submitted,

[LAW FIRM NAME]

Signature: [________________________________]

[ATTORNEY NAME], Bar No. [____]

Address: [________________________________]

Telephone: [________________________________]

Email: [________________________________]

Attorneys for Plaintiff

13. EXHIBITS

14. MONTANA PRACTICE NOTES

Plead chapter 24, not chapter 27. Mont. Code Ann. § 70-27-101(1): the Forcible Entry and Unlawful Detainer chapter "does not apply to arrangements governed by chapter 24 of this title," except as it relates to forcible entry and to forcible detainer as defined in § 70-27-103(2) (possession held by force, menaces, and threats of violence; or an unlawful nighttime/absence entry followed by a 5-day refusal to surrender). For a residential tenancy the cause of action is the § 70-24-427 action for possession. Consequently § 70-27-104 (which is tenancy at will — termination by notice, not "unlawful detainer defined"), § 70-27-105, § 70-27-202, and § 70-27-208 (which is holdover after a tenant's notice to quit — treble rent, not "judgment; restitution; damages") do not supply the framework for this complaint.

Forum selection. Mont. Code Ann. § 3-10-302 gives justices' courts concurrent jurisdiction with district courts, within their respective counties, in actions brought under Title 70, chapters 24, 25, and 33. Justice Court is typically faster and cheaper. Where the accompanying damages claim is large, confirm whether the § 3-10-301 monetary ceilings require a district court filing. File where the property is located.

Filing fees and costs. Vary by county. Justice Court fees are typically $30–$60 plus service costs; District Court fees are higher. Confirm with the county clerk before filing.

Answer deadline — 5 business days. Mont. Code Ann. § 70-24-429(4): in an action for possession or unlawful holdover, 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 the summons and complaint, exclusive of the date of service. This is shorter than the ordinary civil answer period; calendar it from the date of service and confirm the current text of the Justice and City Court Rules.

Statutory hearing deadlines. Mont. Code Ann. § 70-24-427(2)(a): the action must be heard within 10 business days after the tenant's appearance or the answer date stated in the summons — or within 5 business days where the rental agreement was terminated for noncompliance under § 70-24-321(3) (activity creating a reasonable potential that the premises may be damaged or destroyed or that neighboring tenants may be injured, including the drug, clandestine-lab, gang, and unlawful-weapon activities that section enumerates). On appeal to district court the same 10-business-day / 5-business-day windows run from transmittal of the case. A hearing for damages must be held within 45 days after possession and rent have been adjudicated (§ 70-24-427(2)(b)). The parties may stipulate to a continuance beyond these limits without an undertaking (§ 70-24-427(3)).

Default judgment. If the tenant fails to file an answer within the deadline, Plaintiff may move for default judgment. The court can enter judgment for possession, damages, and costs. Confirm local court rules for default procedures.

Judgment and writ. Mont. Code Ann. § 70-24-427(4): the court shall rule on the action within 5 days after the hearing, and if the landlord's claim for possession is granted, shall issue a writ of possession and a writ of assistance immediately. There is no statutory waiting period before issuance and no statutory right of redemption in a chapter 24 nonpayment case — a tenant who does not pay within the 3-day § 70-24-422(2) period has no codified post-judgment cure right. Do not advise a client that either exists.

Sheriff execution. Mont. Code Ann. § 70-24-427(4)(a)–(b): the writ of assistance must be executed by the sheriff within 5 business days of the sheriff receiving it, excluding the date of receipt, or at a time no more than 5 business days after receipt or as otherwise agreed between the landlord and the sheriff.

Abandoned personal property. Mont. Code Ann. § 70-24-430(1)(a): if a tenancy terminates by court order, the personal property is considered abandoned and the landlord may immediately dispose of it as allowed by law. The 48-hour rule in § 70-24-430(1)(b) applies only where a tenancy terminates in a manner OTHER than by court order and the landlord has clear and convincing evidence of abandonment. Even so, § 70-24-430(2) requires the landlord to inventory and store, with reasonable care, all abandoned property the landlord reasonably believes is valuable (reasonable storage, labor, and removal charges permitted), and § 70-24-430(1)(c) restricts discarding items labeled "rent to own" or "leased" without lessor confirmation. Read the full section before disposing of anything.

Appeal. Mont. Code Ann. § 25-33-102: any party dissatisfied with the judgment in a civil action in a city or justice's court may appeal to the district court of the county within 30 days after the rendition of the judgment. The appeal is tried anew in the district court (§ 25-33-301(1)) — except that an appeal from a justice's court of record is on the record (§ 25-33-301(3), citing § 3-10-115), as is an appeal from a city court of record. Confirm whether the county's justice court is a court of record before assuming trial de novo. On appeal, § 70-24-427(2)(a) requires the hearing within 10 business days (5 for § 70-24-321(3) terminations) after the case is transmitted.

Stay pending appeal. Verify the current undertaking/stay requirements in Title 25, chapter 33, and any applicable local rule; do not assume a particular bond formula.

Subsidized housing. If the property is Section 8/HCV, project-based Section 8, public housing, USDA-RD, or LIHTC, federal "good cause" rules apply and additional procedural protections may be required (HUD-form notices, opportunity for grievance hearing). Plead and demonstrate compliance with federal requirements.

Mobile home lots. Mont. Code Ann. Title 70, chapter 33 governs mobile home lot tenancies. Grounds and notice periods are enumerated in § 70-33-433(1) (7 days for nonpayment; 24 hours for a rule violation creating an immediate threat to health and safety; 14 days for other rule violations; 30 days for repeat violations; 180 days for a change in land use, with the additional 15-day and 6-month notices in § 70-33-433(2); and 90 days for any other legitimate business reason under § 70-33-433(1)(m)). Notice is given under § 70-33-106 and the possession action is § 70-33-427; attorney fees are § 70-33-434.

Retaliation defense. Mont. Code Ann. § 70-24-431 supplies the tenant a defense in any retaliatory action for possession, with a rebuttable presumption where the tenant complained within the preceding 6 months. But § 70-24-431(4)(b) expressly does not prevent an action for possession where the tenant is in default in rent, and § 70-24-431(3) withholds the presumption where the complaint followed notice of a proposed rent increase or diminution of services. Anticipate the defense and plead the § 70-24-431(4) circumstances where they apply.

Local ordinances. Verify any applicable city or county ordinance affecting eviction procedure or rental registration before filing; read the current municipal code rather than assuming a local requirement exists.

Self-help is barred. Mont. Code Ann. § 70-24-411. Even after a favorable judgment and before the sheriff executes the writ, the landlord may not unlawfully remove or exclude the tenant or purposefully diminish essential services. The tenant may recover possession or terminate and, in either case, recover an amount not more than 3 months' periodic rent or treble damages, whichever is greater, plus return of all security and prepaid rent on termination. (Section 70-24-411 has no fee provision; fees run through § 70-24-442.)

Current-law check. Verified against the Montana Code Annotated 2025 edition at mca.legmt.gov on 2026-08-01. Section 70-24-427 was last amended by Ch. 715, L. 2023; § 70-24-429 by Ch. 715, L. 2023; § 70-24-422 by Ch. 236 and Ch. 536, L. 2021. The 2025 bills that would have revised these provisions (HB 776, HB 800) died in process. HB 444 (2025), enacted as Ch. 656, L. 2025 (signed 12 May 2025, immediate effective date), amended only §§ 70-25-201 and 70-25-202 (security deposits) — it merely cross-references § 70-24-427 and did not amend it. Verify the current text before each filing.

15. SOURCES AND REFERENCES

• Mont. Code Ann. § 70-24-427 (Landlord's remedies after termination — action for possession): https://mca.legmt.gov/bills/mca/title_0700/chapter_0240/part_0040/section_0270/0700-0240-0040-0270.html
• Mont. Code Ann. § 70-24-429 (Holdover remedies — consent to continued occupancy): https://mca.legmt.gov/bills/mca/title_0700/chapter_0240/part_0040/section_0290/0700-0240-0040-0290.html
• Mont. Code Ann. § 70-24-430 (Disposition of personal property abandoned after termination): https://mca.legmt.gov/bills/mca/title_0700/chapter_0240/part_0040/section_0300/0700-0240-0040-0300.html
• Mont. Code Ann. § 70-27-101 (FED chapter does NOT apply to ch. 24 arrangements): https://mca.legmt.gov/bills/mca/title_0700/chapter_0270/part_0010/section_0010/0700-0270-0010-0010.html
• Mont. Code Ann. § 70-24-108 (What constitutes notice): https://mca.legmt.gov/bills/mca/title_0700/chapter_0240/part_0010/section_0080/0700-0240-0010-0080.html
• Mont. Code Ann. Title 70, Chapter 24 (Residential Landlord and Tenant Act): https://mca.legmt.gov/bills/mca/title_0700/chapter_0240/parts_index.html
• Mont. Code Ann. § 70-24-422 (Tenant noncompliance — termination): https://mca.legmt.gov/bills/mca/title_0700/chapter_0240/part_0040/section_0220/0700-0240-0040-0220.html
• Mont. Code Ann. § 70-24-441 (Termination by notice): https://mca.legmt.gov/bills/mca/title_0700/chapter_0240/part_0040/section_0410/0700-0240-0040-0410.html
• Mont. Code Ann. § 70-24-442 (Attorney fees): https://mca.legmt.gov/bills/mca/title_0700/chapter_0240/part_0040/section_0420/0700-0240-0040-0420.html
• Mont. Code Ann. § 3-10-302 (Justice court jurisdiction over Title 70 ch. 24, 25, 33 actions): https://mca.legmt.gov/bills/mca/title_0030/chapter_0100/part_0030/section_0020/0030-0100-0030-0020.html
• Mont. Code Ann. § 3-10-301 (Justice court general civil jurisdiction): https://mca.legmt.gov/bills/mca/title_0030/chapter_0100/part_0030/section_0010/0030-0100-0030-0010.html
• Mont. Code Ann. § 25-9-205 (Amount of interest on judgments): https://mca.legmt.gov/bills/mca/title_0250/chapter_0090/part_0020/section_0050/0250-0090-0020-0050.html
• HB 444 (2025), Ch. 656, L. 2025 — enrolled text: https://archive.legmt.gov/content/Sessions/69th/Contractor_index/CH0656.pdf
• Mont. Code Ann. Title 25, Chapter 33 (Appeals from Justice Court): https://mca.legmt.gov/bills/mca/title_0250/chapter_0330/parts_index.html
• Mont. R. Civ. P. — Montana Supreme Court: https://courts.mt.gov/Courts/Supreme/rules
• Montana Courts — Landlord-Tenant Forms: https://courts.mt.gov/Forms/landlord
• Montana Courts — Civil Forms: https://courts.mt.gov/Forms/CivilForms
• Montana Department of Justice — Tenants and Landlords: https://dojmt.gov/office-of-consumer-protection/tenants-and-landlords/
• Montana Legal Services Association: https://www.mtlsa.org/
• Montana Lawhelp — Eviction Resources: https://www.montanalawhelp.org/issues/housing/evictions
• Anaconda-Deer Lodge County Civil Eviction Packet: https://www.adlc.us/DocumentCenter/View/4118/Civil-Eviction-Packet--2024

END OF COMPLAINT