Eviction and holdover cases follow the Justice and City Court Rules of Civil Procedure, except that the tenant must answer within 5 business days after service of the summons and complaint (not counting the day of service).
Montana law sets the justice court civil filing fee for a complaint, including an action for possession, at $40 paid by the plaintiff, plus $20 when the defendant appears and $20 from the prevailing party at judgment (MCA 25-31-112). Some county justice courts post a $50 complaint fee, which may include other charges, so check the local court's schedule. District court fees differ.
Unlawful removal or exclusion, or purposeful interruption of heat, water, hot water, electricity, gas or other essential services, lets the tenant recover possession or terminate, plus up to 3 months' rent or treble damages.
Yes. A landlord may not raise rent, cut services, or bring or threaten an eviction after the tenant complained to a code agency, complained in writing to the landlord, or joined a tenants' union. A complaint within 6 months before creates a rebuttable presumption of retaliation.
If a tenant stays without consent after the lease ends, the landlord may sue for possession. For a purposeful, bad-faith holdover (or staying past a lawful 30-day no-cause notice on a month-to-month), the landlord may recover the greater of up to 3 months' rent or treble damages.
In a landlord's suit for unpaid rent where the tenant counterclaims, the court may order the tenant to pay accrued and future rent into court. The court then decides how much each side is owed.
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