how many pay or quits? (by steve [MT]) Apr 5, 2017 8:55 PM|
how many pay or quits? (by LiveTheDream [AZ]) Apr 6, 2017 12:53 AM
how many pay or quits? (by Sisco [MO]) Apr 6, 2017 2:33 AM
how many pay or quits? (by Still Learning [NH]) Apr 6, 2017 4:00 AM
how many pay or quits? (by Steve [MA]) Apr 6, 2017 4:09 AM
how many pay or quits? (by Vee [OH]) Apr 6, 2017 4:32 AM
how many pay or quits? (by Steve [MT]) Apr 6, 2017 7:31 AM
how many pay or quits? (by BRAD 20,000 [IN]) Apr 6, 2017 10:53 AM
how many pay or quits? (by steve [MT]) Posted on: Apr 5, 2017 8:55 PM
State Specific Question About: MONTANA (MT)
I recently evicted a person, the judge said they could only get 2 chances: a 3-day pay or quit in a one year period; the second one being a 5-day quit an move out notice. Is this true? I am reading on the MT Landlord handbook that they need 2, a 3-day pay or quit and the second offense, a 5-day quit and move in a 6 month period. Was the judge wrong? --69.145.xx.xxx
how many pay or quits? (by LiveTheDream [AZ]) Posted on: Apr 6, 2017 12:53 AM
Sorry, but I think you are the first Montana LL in a long time. To be sure you get the right info I would refer you to an attorney familiar with LL/T law in MT.
That sure sounds "iffy" to me though. That would mean if someone didn't pay rent once or twice they couldn't be evicted for a year? Doesn't sound right. --47.216.xx.xxx
how many pay or quits? (by Sisco [MO]) Posted on: Apr 6, 2017 2:33 AM
Steve, you should read Montana landlord tenant law for yourself. --72.172.xxx.xx
how many pay or quits? (by Still Learning [NH]) Posted on: Apr 6, 2017 4:00 AM
LTD, I think you might have read that wrong. I think he said that you can only have 2 and you're gone. NH has that for non-payment of rent. They can not get out of the eviction on the 3rd non-payment in a 12 month period. I don't know all the details for NH.
Steve, read up on the MT landlord tenant laws and then see if someone can answer your questions locally on the nitty gritty details of how it works. --24.61.xxx.xx
how many pay or quits? (by Steve [MA]) Posted on: Apr 6, 2017 4:09 AM
As others have said this is very state specific. At the top of the page there is a link to Landlord/ Tenant State Laws. This would be a good place to start. You could also Google Landlord groups in Montana to find LLs with local knowledge.
In MA a MTM tenancy by right can be only be cured once in a 12 month period. A term tenancy by right can be cured every month during it's term provided the tenant pays all of the monies due including court cost prior to the judge's decision. I doubt that the MA regulations would be very similar to what's allowed in your state.
Good luck & welcome to this site. --72.93.xxx.x
how many pay or quits? (by Vee [OH]) Posted on: Apr 6, 2017 4:32 AM
It is always best to print your state and local tenant rules, this way you can stay in control, in my areas the local rules control the timing of notices - storage of leftovers. It sounds like you have a tenant who has violated the 3 day - or did they pay before the 3 day time expired? Here the moveout could be voluntary using a 30 day but if rent is unpaid you are going to evict thru court the 3 day and file after day 4 and before day 24 (the notice expires in 4 weeks here).
Hopefully a Montana manager will come along but these rules you should know before opening for business. --76.188.xxx.xx
how many pay or quits? (by Steve [MT]) Posted on: Apr 6, 2017 7:31 AM
Thank you all for your support. This is a great place to find help! --69.145.xx.xxx
how many pay or quits? (by BRAD 20,000 [IN]) Posted on: Apr 6, 2017 10:53 AM
Congrats on keeping your eyes and ears open! As others have stated print out the law and read through it. It's not hard to do.
I will add Gotta know YOUR judge. Many judges have their own rules and quirks. Get with your local association, ask other landlords who have experience at court, and spend time observing other court cases in action. Judges like to see that. Don't be afraid to ask the judge. He/she might say "I cannot give legal advice" but no loss in asking.
I suspect the difference between the three day and the five day MIGHT be terminology or method.
Whatever's going on you need to get a handle on it so you don't lose money or time on the next eviction.