Mont. Judicial Branch, Answering Your Landlord's Complaint to Evict You

Who Can Use These Forms?
You can use these forms if your landlord has filed a Complaint or an Action for
Possession against you. A landlord files a Complaint to ask the court to evict you
from your rental.

What if I am an Active Duty Servicemember?
If you are on active duty in the military, the
Servicemembers Civil Relief Act (SCRA) may apply to
you and your dependents. Part of the SCRA may help protect you from being
evicted while on active duty. Most parts of the SCRA do not apply automatically.
You must take actions to say the SCRA applies to you. For more information,
contact your nearest Armed Forces Legal Assistance (AFLA) office or
commanding officer. To find an AFLA office near you, go to the AFLA website at
https://legalassistance.law.af.mil/.

How Long Do I Have To Answer?
You have 5 business days to file your Answer with the Clerk of Court. When you
count the 5 days, start the day after you were served and do not include Saturdays,
Sundays, or holidays when the courthouse is closed.

Important: Five days isn’t very long. Don’t delay! If you do not file your Answer
within 5 business days after you were served with the Complaint, your landlord can
ask the court for a default judgment. If the court gives your landlord a default
judgment, you will never have the opportunity to tell the judge your side of the story.
Your landlord will win just because you did not file an Answer in time, and you will
have to move out, or file an appeal of the default judgment.