Legal Question in Real Estate Law in Montana
Valid reasons for eviction?
Does the landlord have the right to evict if he or she invades privacy,such as entering premises without 24 hour notice and finds reason(ex. cleanliness,repairs or illegal items in residence) enough for eviction of tenant?
1 Answer from Attorneys
Re: Valid reasons for eviction?
Unless there is a lease for a term certain, a landlord can evict, at least in Montana, without any reason. However if the landlord discovered the "reason" due to an illegal entry, I think you could fight that. The process would be you get an eviction notice and when you do not leave, the landlord has to file a complaint against you in court--the landlord cannot just start moving you out. In that court proceeding, you then file your answer that alleges the illegal entry and ask the court to vacate or void the eviction notice; you might also allege retaliation of some sort.