Montana § 70-24-427 - Landlord's Remedies After Termination -- Action For Possession
Full text of Montana Montana Code Annotated § 70-24-427 — Landlord's Remedies After Termination -- Action For Possession, with citation guidance and answers to common questions.
§ 70-24-427. Landlord's Remedies After Termination -- Action For Possession
Landlord's remedies after termination -- action for possession. (1) If the rental agreement is terminated, the landlord has a claim for possession, rent, and actual damages for any breach of the rental agreement. (2) (a) Except as provided in subsection (2)(b), an action filed pursuant to subsection (1) in a court must be heard within 10 business days after the tenant's appearance or the answer date stated in the summons, except that if the rental agreement is terminated because of noncompliance under 70-24-321 (3), the action must be heard within 5 business days after the tenant's appearance or the answer date stated in the summons. If the action is appealed to the district court, the hearing must be held within 10 business days after the case is transmitted to the district court, except that if the rental agreement is terminated because of noncompliance under 70-24-321 (3), the action must be heard within 5 business days after the case is transmitted to the district court. (b) A hearing for damages for any breach of the rental agreement must be held within 45 days after the claim of possession and rent has been adjudicated. (3) The landlord and tenant may stipulate to a continuance of the hearing beyond the time limit in subsection (2) without the necessity of an undertaking. (4) In a landlord's action for possession filed pursuant to subsection (1), the court shall rule on the action within 5 days after the hearing. If a landlord's claim for possession is granted, the court shall issue a writ of possession and a writ of assistance immediately. The writ of assistance must be executed by the sheriff: (a) within 5 business days of the sheriff receiving the writ of assistance, excluding of the date of receipt by the sheriff; or (b) at a time no more than 5 business days after the sheriff receives the writ of assistance or as otherwise agreed to by the landlord and the sheriff.
Source: official Montana text · Last verified 2026-08-27
Frequently Asked Questions About Montana § 70-24-427
What does Montana Code Annotated § 70-24-427 cover?
Section 70-24-427 ("Landlord's Remedies After Termination -- Action For Possession") is part of the Montana Code Annotated, the codified statutory law of Montana. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Montana § 70-24-427?
A common citation format is "Montana Code Annotated § 70-24-427" (Montana). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Montana law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Montana official source linked on this page or consult a licensed Montana attorney.
How does Montana § 70-24-427 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Montana can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Montana.