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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

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Section 70-33-201

Westview v. Lockhart & Greener MT v. Cunningham, 2023 MT 201 (2023) Montana state

agreement a landlord must give a tenant an eviction notice as specified by the Act, before

Section 70-33-201

Westview v. Lockhart & Greener MT v. Cunningham, 2023 MT 201 (2023) Montana state

agreement a landlord must give a tenant an eviction notice as specified by the Act, before

Flamm v. Real-Blt, Inc., 168 Mont. 351 (1975)

Flamm v. Real-Blt, Inc., 168 Mont. 351 (1975) Montana state

Prior to the termination of the tenancy as per the 30 day notice, plaintiff filed her complaint to restrain defendant from evicting her on the grounds that the Fifth and Fourteenth Amendments to the Constitution of the United States require...

Westview v. Lockhart & Greener MT v. Cunningham, 2023 MT 201 (2023)

Westview v. Lockhart & Greener MT v. Cunningham, 2023 MT 201 (2023) Montana state

...justice court hearing proceeded on whether the Lockharts could be evicted, without cause, based upon Westview giving them 30 days’ notice. The factual issues regarding a for-cause eviction of the Lockharts were not litigated before either lower court in...

Westview v. Lockhart & Greener MT v. Cunningham, 2023 MT 201 (2023)

Westview v. Lockhart & Greener MT v. Cunningham, 2023 MT 201 (2023) Montana state

...justice court hearing proceeded on whether the Lockharts could be evicted, without cause, based upon Westview giving them 30 days’ notice. The factual issues regarding a for-cause eviction of the Lockharts were not litigated before either lower court in...

Swenson v. Decock (1994)

Swenson v. Decock (1994) Montana state

...Section 70-24-422(2), MCA, allows a landlord to evict a mobile home tenant by providing fifteen-day notice after a tenant fails to pay rent. However, a landlord must give correct notice to evict a tenant pursuant to...

Roche v. Sabo, 259 Mont. 76 (1993)

Roche v. Sabo, 259 Mont. 76 (1993) Montana state

...Roche and ordered his eviction for nonpayment of rent. Mr. Roche filed his Notice of Appeal from the Justice Court judgment, but failed to perfect the appeal by filing the statutory undertaking prescribed by § 25-33-201, MCA. The appeal...

Section 70-33-433

Westview v. Lockhart & Greener MT v. Cunningham, 2023 MT 201 (2023) Montana state

...Subsections (a-k) require at most 30 days’ notice prior to eviction, while (l-m) require, at minimum, 180 and 90 days respectively. If subsections (l-m) were indeed contingent on the tenant’s violation under subsections (a-k), then...

Section 70-33-433

Westview v. Lockhart & Greener MT v. Cunningham, 2023 MT 201 (2023) Montana state

...Subsections (a-k) require at most 30 days’ notice prior to eviction, while (l-m) require, at minimum, 180 and 90 days respectively. If subsections (l-m) were indeed contingent on the tenant’s violation under subsections (a-k), then...

Swenson v. Janke, 908 P.2d 678 (1995)

Swenson v. Janke, 908 P.2d 678 (1995) Montana state

District Court dismissed Swensonls claims and held that Swenson failed to provide necessary services and that his attempt to evict was in retaliation for Jankesl notice and for participation in a tenants1 association. The District Court awarded Jankes three months1...

Sutton v. Lebrun, 217 Mont. 304 (1985)

Sutton v. Lebrun, 217 Mont. 304 (1985) Montana state

...Tenant remedies under § 70-24-406 (notice and right to repair-and-deduct or abate) and § 70-24-411 (illegal-eviction damages) are independent and cumulative. Establishes Montana's adherence to the URLTA's tenant-protective remedy framework.

Enz v. Raelund, 419 P.3d 674 (2018)

Enz v. Raelund, 419 P.3d 674 (2018) Montana state

...On August 23, Erick served the Raelunds with a Notice of Eviction. The Raelunds continued to occupy the property and to send payments in lesser amounts, with money orders issued dual-payee to Erick and Nationstar, as follows: $1,132...

Swenson v. Janke, 908 P.2d 678 (1995)

Swenson v. Janke, 908 P.2d 678 (1995) Montana state

...Jankes alleged for their counterclaim that Swenson failed to provide necessary services and attempted to evict them in retaliation for a notice of problems they had sent him. Swenson's claim was dismissed after he failed to appear, and by...

York v. Steward, 21 Mont. 515 (1898)

York v. Steward, 21 Mont. 515 (1898) Montana state

...of plaintiff, the lessor, and the disturbance or eviction wpuld not have resulted but for the omission of the lessor to remedy the defective con*521struction within a reasonable time after notice thereof, then the lessor, at least in the...

Bush v. Baker, 51 Mont. 326 (1915)

Bush v. Baker, 51 Mont. 326 (1915) Montana state

...answered: (1) Denying any default in the payment of rent, service of notice to pay or quit or voluntary surrender of the premises, and alleging a forcible eviction therefrom: (2) asserting a counterclaim for damages based upon averments that it...

Mathes v. Adams, 254 Mont. 347 (1992)

Mathes v. Adams, 254 Mont. 347 (1992) Montana state

...Several tenants testified that they did not complain in writing because they believed the eviction threats of Brandvold and they did not possess the financial resources to move their trailers on short notice. Out of desperation the tenants eventually began...