Cal. Civ. Code § 70-24-427
Landlord's Remedies After Termination -- Action For Possession
Operative Text
(1) If the rental agreement is terminated, the landlord has a claim for possession, rent, and actual damages for any breach of the rental agreement. (2) (a) Except as provided in subsection (2)(b), an action filed pursuant to subsection (1) in a court must be heard within 10 business days after the tenant's appearance or the answer date stated in the summons, except that if the rental agreement is terminated because of noncompliance under 70-24-321 (3), the action must be heard within 5 business days after the tenant's appearance or the answer date stated in the summons. If the action is appealed to the district court, the hearing must be held within 10 business days after the case is transmitted to the district court, except that if the rental agreement is terminated because of noncompliance under 70-24-321 (3), the action must be heard within 5 business days after the case is transmitted to the district court. (b) A hearing for damages for any breach of the rental agreement must be held within 45 days after the claim of possession and rent has been adjudicated. (3) The landlord and tenant may stipulate to a continuance of the hearing beyond the time limit in subsection (2) without the necessity of an undertaking. (4) In a landlord's action for possession filed pursuant to subsection (1), the court shall rule on the action within 5 days after the hearing. If a landlord's claim for possession is granted, the court shall issue a writ of possession and a writ of assistance immediately. The writ of assistance must be executed by the sheriff: (a) within 5 business days of the sheriff receiving the writ of assistance, excluding of the date of receipt by the sheriff; or (b) at a time no more than 5 business days after the sheriff receives the writ of assistance or as otherwise agreed to by the landlord and the sheriff.
Montana Code § 70-24-427 establishes the procedural framework that governs court actions after a rental agreement has been terminated. Once terminated, a landlord may pursue claims for repossession of the property, unpaid rent, and actual damages caused by any lease breach. Courts are required to schedule hearings on a tight timeline—generally within 10 business days of the tenant's appearance or answer date, with an accelerated 5-business-day window for certain noncompliance cases—and must issue a ruling within 5 days after the hearing. If possession is granted, a writ of possession and writ of assistance are issued immediately, with the sheriff required to execute the writ within 5 business days of receipt.
Plain English — not legal advice.
Under Mont. Code Ann. § 70-24-427, landlords who have terminated a rental agreement and filed a court action for possession are entitled to pursue claims for rent and actual damages alongside the possession claim. Compliant operators typically document all lease breaches carefully, since actual damages must be substantiated in court, and a separate damages hearing may be scheduled within 45 days after the possession and rent claims are resolved. Landlords should also be aware that courts move quickly under this statute—rulings on possession must come within 5 days of the hearing—so having organized records and timely filings is generally part of sound property management practice.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Mont. Code Ann. § 70-24-427 sets strict court timelines that apply when a landlord files for possession after terminating a rental agreement, which means tenants have a limited window to respond and appear. Tenants generally have the right to appear at the hearing and contest the landlord's claims for possession, rent, and damages, and the outcome of the possession hearing is decided before any separate damages hearing is held. Tenants facing such an action may benefit from contacting a local tenant-rights organization or legal aid office to understand available defenses and the significance of the answer date stated in the summons.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 22, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
Effective Timeline
References In
Rules and statutes that cite this regulation