Legal Question in Real Estate Law in Montana

Re: Property rights for renters.

As a tenant you have the right of full control of your property subject to the terms of your written lease, if any, and by law the right of peaceful and quite enjoyment. Your neighbors have no right to trespass upon your property, although small children are immune from operation of law because of their ages. Your complaint obviously is with the parents.

It has been my experience that this is the kind of battle, however, which is nearly impossible to win. Should you be successful in forcing your neighbors to take responsibility for their children and keep them away from your property, you are living so close to them that I would expect retaliation in some other fashion. Neighbor battles are seldom won by anyone.

I recommend that you explore your options of moving elsewhere where the same problem does not exist. If you are under lease, you may give notice to your landlord that you consider yourself as having been "constructively evicted" for his failure to ensure your quiet enjoyment of the premises.

Consult your landlord/tenant hotline or the student program at U of M to obtain a pamphlet explaining your rights as a tenant.

Good luck.