Mont. Code Ann. » TITLE 70. PROPERTY · CHAPTER 24. RESIDENTIAL LANDLORD AND TENANT ACT OF 1977 · Part 4. Remedies
Montana Code Annotated

Mont. Code Ann. § 70-24-427 (2026)

Landlord's Remedies After Termination -- Action For Possession

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  1. MCA Contents
  2. TITLE 70
  3. CHAPTER 24
  4. Part 4
  5. 70-24-427 Landlord's remedies after termination -- action for possession

TITLE 70. PROPERTY

CHAPTER 24. RESIDENTIAL LANDLORD AND TENANT ACT OF 1977

Part 4. Remedies

Landlord's Remedies After Termination -- Action For Possession

70-24-427. 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.

History: En. 42-438 by Sec. 38, Ch. 313, L. 1977; R.C.M. 1947, 42-438; amd. Sec. 1, Ch. 585, L. 1993; amd. Sec. 4, Ch. 408, L. 2003; amd. Sec. 4, Ch. 343, L. 2013; amd. Sec. 2, Ch. 454, L. 2015; amd. Sec. 1, Ch. 517, L. 2021; amd. Sec. 2, Ch. 715, L. 2023.

Notes of Decisions
Cited in 6 cases (1 in the last 5 years), 1984–2026 · leading case: Stanley v. Lemire, 2006 MT 304, 148 P.3d 643.
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Stanley v. Lemire, 2006 MT 304, 148 P.3d 643. · cites it 6× “To the contrary, the Stanleys’ pleadings establish that their action was brought under § 70-24-427, MCA, and the Justice Court, therefore, had subject matter jurisdiction over this case at its outset.”
Whalen v. Taylor, 925 P.2d 462 (Mont. 1996). · cites it 19× “Did the District Court properly expedite discovery matters and the trial schedule pursuant to § 70-24-427, MCA? FACTUAL AND PROCEDURAL BACKGROUND Whalen owns and personally manages the Shannon Rose Apartments located at 703 North 32nd Street in Billings, Montana.”
Johnston v. Am. Reliable Ins., 833 P.2d 176 (Mont. 1992). · cites it 4× “Accordingly, the rental agreement was terminated and Galayda's cause of action against Johnston for possession of the premises ripened pursuant to § 70-24-427, MCA. Galayda did not initiate this action.”
Summers v. Crestview Apts., 2010 MT 164, 236 P.3d 586. · cites it 4× “Specifically, § 70-24-427(1), MCA, provides, "[i]f the rental agreement is terminated, the landlord has a claim for possession and for rent *592 and a separate claim for actual damages for any breach of the rental agreement.”
Napier v. Adkison, 678 P.2d 1143 (Mont. 1984). · cites it 3× “However, Section 70-24-427, MCA, provides that “if the rental agreement is terminated, the landlord has a claim for possession and for rent and a separate claim for actual damages for any breach of the rental agreement.”
Crestview Apts. v. Forrest, 2026 MT 104N, 589 P.3d 625. · cites it 14× “Section 70-24-427(1), MCA, provides that, when a rental agreement is terminated, the landlord has a claim for possession, rent, and actual damages for breach of the rental agreement.”
Mont. Code Ann. § 70-24-427(1): 3 cases
Stanley v. Lemire, 2006 MT 304, 148 P.3d 643. “To the contrary, the Stanleys’ pleadings establish that their action was brought under § 70-24-427, MCA, and the Justice Court, therefore, had subject matter jurisdiction over this case at its outset.”
Summers v. Crestview Apts., 2010 MT 164, 236 P.3d 586. “Specifically, § 70-24-427(1), MCA, provides, "[i]f the rental agreement is terminated, the landlord has a claim for possession and for rent *592 and a separate claim for actual damages for any breach of the rental agreement.”
Crestview Apts. v. Forrest, 2026 MT 104N, 589 P.3d 625. “Section 70-24-427(1), MCA, provides that, when a rental agreement is terminated, the landlord has a claim for possession, rent, and actual damages for breach of the rental agreement.”
Mont. Code Ann. § 70-24-427(2): 1 case
Whalen v. Taylor, 925 P.2d 462 (Mont. 1996). “Did the District Court properly expedite discovery matters and the trial schedule pursuant to § 70-24-427, MCA? FACTUAL AND PROCEDURAL BACKGROUND Whalen owns and personally manages the Shannon Rose Apartments located at 703 North 32nd Street in Billings, Montana.”
Mont. Code Ann. § 70-24-427(3): 1 case
Whalen v. Taylor, 925 P.2d 462 (Mont. 1996). “Did the District Court properly expedite discovery matters and the trial schedule pursuant to § 70-24-427, MCA? FACTUAL AND PROCEDURAL BACKGROUND Whalen owns and personally manages the Shannon Rose Apartments located at 703 North 32nd Street in Billings, Montana.”
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