Cal. Civ. Code § 70-27-113

Complaint And Summons

In Force
Verified 10/22/2026 · Next check 11/21/2026
effective 10/22/2026MontanaSummary Process

Operative Text

Cal. Civ. Code § 70-27-113
(1) The plaintiff's complaint, which must be in writing, must set forth the facts on which the plaintiff seeks to recover and describe the premises with reasonable certainty. The complaint may set forth any circumstances of fraud, force, or violence that may have accompanied the alleged forcible entry or forcible or unlawful detainer and claim damages. If the unlawful detainer is charged after default in the payment of rent, the complaint must state the amount of rent.
(2) Upon filing the complaint, a summons must be issued on the complaint as in other cases.
Source: Legislative text reproduced verbatim
Plain English

Montana Code § 70-27-113 governs the written complaint and summons that must be filed to begin a forcible entry or unlawful detainer (eviction) court proceeding. The complaint must describe the property with reasonable certainty, state the factual basis for the claim, and—if the case involves unpaid rent—specify the amount owed. Once the complaint is filed, the court issues a summons in the same manner as other civil cases, formally notifying the other party of the lawsuit.

Written by anthropic/claude-sonnet-4.6 · Reviewed on October 22, 2026

Plain English — not legal advice.

For Property Managers

Under Mont. Code Ann. § 70-27-113, a landlord initiating an eviction action prepares a written complaint that clearly identifies the rental property, lays out the factual grounds for the claim, and—when the basis is nonpayment of rent—states the exact dollar amount alleged to be due. Compliant operators also include any relevant details about fraud, force, or violence if those circumstances accompanied the alleged unlawful detainer. After the complaint is filed with the court, a summons is issued automatically, and serving it properly on the tenant is a standard part of the process.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

Mont. Code Ann. § 70-27-113 requires that any eviction complaint filed against a tenant be in writing and meet specific content requirements, including a description of the premises and, in rent-default cases, the precise amount of rent claimed. If a complaint served on a tenant appears to omit required information—such as the rent amount in a nonpayment case—that deficiency may be relevant to the proceeding. Tenants facing an eviction summons can review the complaint for compliance with this section and may wish to contact a local tenant-rights organization or legal aid office to understand available options.

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

Current
Oct 22, 2026
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References Out

No outbound references recorded yet for this provision.

References In

Rules and statutes that cite this regulation

Mont. Code Ann. § 70-27-103
Mont. Code Ann. § 70-27-111
Mont. Code Ann. § 70-27-205

Related Rules

§ 1
Persons entitled to summary process
§ 3
Judgment and execution; costs; appeal
§ 5
Appeal; bond; actions thereon; waiver; appeal of waiver or periodic payments; notice of decision

Source Information