Legal Question in Real Estate Law in Montana
30 day notice
tenant gives notice to move out. I then run and ad to re-rent the unit. tenant has no phone cannot contact him to show the unit. i give a notice stating
that i would not show the unit until after 1 pm at
anytime. tenant has refused 3 time to let me show unit.
i called another tenant to let them know i would be showing the next day and they were not home. i went
to show the unit rang door no answer. i then open thedoor but it was chained on the inside. i then went
to the back door. nobody was home. i then showed the unit.when i open the back door a string was hanging off the door. the tenant then came to my home telling me that i had no right to be in his apt. he had been camping and tied the string to find out if i had been in the unit. as a land lord what are my right.
2 Answers from Attorneys
Re: 30 day notice
Forget what the guy in New Mexico told you. Pursuant to Section 70-24-312 Montana Code Annotated, a tenant cannot unreasonably withhold consent to allow a landlord entry onto the property to show the property to a prospective renter. However, the landlord must also give 24 hours notice to the tenant before entering and must enter at reasonable times. Good luck.
Jeff Turner
Oliver Law Firm
248-7577
Re: 30 day notice
Your rights are totally controlled by the written lease agreement, if any, and if not, then by MT law.
The landlord has the right to enter the premises with prior notice to make repairs and to ensure that sanitary requirements are being met, but if a tenant is uncooperative and won't let a potential new tenant view the premises there is little you can do but go to court for a order settling the problem. You cannot create a confrontation, physical or otherwise, as you must operate within the law even if the tenant doesn't.
The most practical thing is to have a written lease spelling out the procedures toward the end of the term and the showing of the premises to others. Maybe next time.
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