Cal. Civ. Code § 70-27-111
Parties Defendant
Operative Text
(1) A person, other than the tenant of the premises and a subtenant, if there is one, occupying the premises when the complaint is filed need not be made a party defendant in the proceeding, and a proceeding may not abate or the plaintiff be nonsuited for the nonjoinder of any person who might have been made a party defendant. However, when it appears that any of the parties served with process or appearing in the proceeding is guilty of the offense charged, judgment must be rendered against that party. (2) If a defendant has become a subtenant of the premises in controversy after the service of the notice provided for by 70-27-108 (2) upon the tenant of the premises, the fact that the notice was not served on each subtenant does not constitute a defense to the action. (3) If a married person is a tenant or subtenant, failure to join the person's spouse does not constitute a defense. However, if the spouse is not joined, an execution issued upon a personal judgment against the tenant or subtenant may be enforced only against property on the premises at the commencement of the action or against property that is owned solely by the tenant or subtenant and not by the tenant's or subtenant's spouse. (4) All persons who enter the premises after the commencement of the action are bound by the judgment in the same manner as if they had been made party to the action.
Montana Code § 70-27-111 governs who must be named as a defendant in an eviction (unlawful detainer) proceeding. The law allows a case to move forward even if not every occupant, subtenant, or spouse is formally joined as a party, and a landlord's case cannot be thrown out simply because some potentially interested persons were left off the complaint. Anyone who enters the property after the lawsuit begins is bound by whatever judgment the court issues, just as if they had been a named party from the start.
Plain English — not legal advice.
Under Mont. Code Ann. § 70-27-111, property owners and managers generally do not need to name every occupant or subtenant in an eviction complaint for the case to proceed, and a failure to join a tenant's spouse will not defeat the action. Operators should be aware, however, that if a spouse is not joined, any personal money judgment can only be enforced against property on the premises at the time the action began or against property solely owned by the named tenant or subtenant. Keeping thorough records of who occupies the unit and when they moved in can help document the timeline that determines how the judgment applies to each occupant.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Mont. Code Ann. § 70-27-111 means that a tenant or subtenant cannot defeat an eviction case solely by arguing that another occupant or a spouse was not named in the lawsuit. If a subtenant moved in after the required notice under § 70-27-108(2) was served on the primary tenant, the subtenant generally cannot use lack of personal notice as a defense. Tenants and subtenants who believe procedural issues affect their rights may want to consult a tenant-rights organization or legal aid provider familiar with Montana eviction law to understand what defenses may still be available to them.
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.
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