Montana Eviction Complaint (Forcible Entry and Unlawful Detainer)

COMPLAINT FOR FORCIBLE ENTRY AND UNLAWFUL DETAINER (EVICTION)

Montana — Mont. Code Ann. Title 70, Chapter 27

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 — Unlawful Detainer (Mont. Code Ann. § 70-27-105)
7. Count II — Breach of Rental Agreement (Damages)
8. Count III — Holdover Damages (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 FORCIBLE ENTRY AND UNLAWFUL DETAINER (EVICTION)

(Expedited Hearing Requested — Mont. Code Ann. § 70-27-202)

2. INTRODUCTION

COMES NOW Plaintiff, [LANDLORD'S NAME], by and through undersigned counsel, and for its Complaint against Defendants for forcible entry and unlawful detainer pursuant to Mont. Code Ann. Title 70, Chapter 27, and the Montana Residential Landlord and Tenant Act (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. § 70-27-101, which vests Justice Courts and District Courts with concurrent jurisdiction over forcible entry and unlawful detainer proceedings. The amount in controversy ☐ does not exceed $15,000 (Justice Court — Mont. Code Ann. § 3-10-301) / ☐ exceeds $15,000 (District Court).

3.6 Venue is proper in this Court pursuant to Mont. Code Ann. § 70-27-101 because the rental premises are located in [____] County, Montana.

3.7 Personal jurisdiction over Defendants is proper because Defendants are residents of Montana, and/or because Defendants' tortious conduct (unlawful detainer) occurred in Montana 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 served Defendants with a written notice (the "Notice") pursuant to Mont. Code Ann. § ☐ 70-24-422(1)(a) (3-day pay-or-quit) / ☐ 70-24-422(1)(b)–(f) (3-day notice — pets/occupants/damage/abuse) / ☐ 70-24-422(1)(d) (5-day repeat) / ☐ 70-24-422(1)(e) (14-day cure-or-quit) / ☐ 70-24-441 (30-day no-cause 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 served on Defendants by ☐ personal service / ☐ substituted service and mailing / ☐ posting and mailing / ☐ certified mail return receipt requested, in compliance with Mont. Code Ann. § 70-24-108.

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' continued possession of the Premises since that date constitutes unlawful detainer within the meaning of Mont. Code Ann. § 70-27-105.

6. COUNT I — UNLAWFUL DETAINER

(Mont. Code Ann. § 70-27-105)

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 continued in possession of the Premises after termination of the tenancy without Plaintiff's consent, in violation of Mont. Code Ann. § 70-27-105.

6.4 Plaintiff has demanded possession; Defendants have refused.

6.5 Plaintiff is entitled to immediate restitution of the Premises and to a Writ of Possession / Assistance directing the sheriff to remove Defendants and all other occupants from the Premises.

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 holdover damages from [__/__/____] through the date Defendants surrender possession or are removed by writ.

8.5 ☐ Pursuant to Section [__] of the Rental Agreement, holdover rent is calculated at [____ × the daily rental rate] / ☐ Holdover damages are calculated at the per-diem rental rate.

9. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully prays that the Court:

A. Enter judgment for Plaintiff and against Defendants for restitution and possession of the Premises located at [ADDRESS];

B. Issue a Writ of Possession / Assistance directing the [____] County Sheriff to remove Defendants and all other occupants from the Premises and restore possession to Plaintiff;

C. Award Plaintiff damages in the amount of $[________] for unpaid rent, late fees, holdover damages, and damage to the Premises, plus per-diem holdover damages of $[________] from the date of judgment through surrender of possession;

D. Award pre-judgment interest at the statutory rate under Mont. Code Ann. § 25-9-205 from the date each sum became due;

E. Award post-judgment interest at the statutory rate under Mont. Code Ann. § 25-9-205;

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

G. Award reasonable attorney fees pursuant to Mont. Code Ann. § 70-24-442 and/or Section [__] of the Rental Agreement;

H. Schedule an expedited hearing pursuant to Mont. Code Ann. § 70-27-202; 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, pursuant to Mont. R. Civ. P. 38 and Justice Court Rules of Civil Procedure.

☐ 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

Forum selection. Mont. Code Ann. § 70-27-101 grants concurrent jurisdiction to Justice Courts and District Courts. Justice Court is faster and cheaper for residential evictions; jurisdictional limit is $15,000 in damages. District Court is required if seeking more than $15,000 or complex equitable relief. 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.

Summons and answer. The court will issue a summons setting the answer deadline (typically 10 days after service in Justice Court, 21 days in District Court). The summons must be served by sheriff or authorized process server (Mont. R. Civ. P. 4).

Expedited setting. Mont. Code Ann. § 70-27-202 entitles the landlord to an expedited hearing — typically within 14 days of the answer date for non-illegal-activity grounds, 5 days for illegal-activity grounds.

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. § 70-27-208. Upon judgment, the court issues a Writ of Possession / Assistance directing the sheriff to remove the tenant. For NONPAYMENT cases, the court generally must wait 5 days before issuing the writ — during which the tenant may redeem by paying rent + interest. Other grounds: writ may issue immediately.

Sheriff execution. The sheriff has up to 5 business days to execute the writ. The tenant's personal property left behind cannot be moved by the landlord for at least 48 hours after eviction.

Appeal. Mont. Code Ann. § 25-33-101. Either party may appeal a Justice Court judgment to District Court within 30 days of entry of judgment by filing a notice of appeal in Justice Court. The appeal is heard de novo in District Court (Mont. Code Ann. § 25-33-301). To stay enforcement during appeal, the appellant typically must post a supersedeas bond.

Stay pending appeal. A stay during appeal generally requires bond covering rent during the appeal period plus the judgment amount.

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 evictions and provides additional procedural protections, including a longer notice cure period for many breaches and 6-month notice for change of land use.

Local ordinances. Verify Missoula, Bozeman, Helena, Butte, Billings, or other local ordinances that may affect eviction procedures, registration requirements, or just-cause standards.

Self-help is barred. Mont. Code Ann. § 70-24-411. Even after favorable judgment but before sheriff's execution of the writ, the landlord may NOT self-help. Treble damages plus attorney fees for violations.

2024–2025 amendments. Verify against the current Montana Code Annotated at leg.mt.gov.

15. SOURCES AND REFERENCES

• Mont. Code Ann. Title 70, Chapter 27 (Forcible Entry and Detainer): https://archive.legmt.gov/bills/mca/title_0700/chapter_0270/parts_index.html
• Mont. Code Ann. § 70-27-101 (Application and jurisdiction): https://archive.legmt.gov/bills/mca/title_0700/chapter_0270/part_0010/section_0010/0700-0270-0010-0010.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. § 3-10-301 (Justice Court civil jurisdiction): https://mca.legmt.gov/bills/mca/title_0030/chapter_0100/part_0030/section_0010/0030-0100-0030-0010.html
• 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