Non-renewal, month to month in Montana

[Amber G.]

Greetings BP,

I have a month-to-month tenant in rural Montana that is getting nasty about me on Facebook after I properly served a no reason 30-day notice to not renew her month-to-month lease. (When she asked my reason via text I carefully just stated that I needed the property back.) I also included a notice regarding a family member of hers that had moved in that is not an authorized occupant, but she stated that the individual would vacate in a few days. It is my understanding that the CDC eviction moratorium does not apply in her case as if she doesn't vacate I will file for eviction due to hold-over tenancy, not non-payment. Also concerning the Governor's order, she via text message mentioned that she is working and therefore in my opinion cannot be "sheltering at home". I gave her a list of four local apartment complexes/villa complexes accepting applications, but she feels entitled to a "house", not an "apartment".

I'm not excited to make enemies in my small town, but her behavior in this is not surprising <wink, wink>. I have read both moratoriums carefully and do not see how they apply to her situation.

Any advice on this?

[Steve Vaughan]

Originally posted by @Amber G.:

Still not finished with the process, but I did want to post an update in case any other MT LLs end up in eviction court. When I filed the eviction lawsuit the clerk of the court gave me a message from the judge that legal aid was proving free lawyers to ALL tenants in eviction cases due to COVID. I'd read the law very carefully so filed anyway. I received word from the clerk today that they had received evidence of service and also info that legal aid had refused to help my tenant as she in fact has no legal defense due to the way I worded the paperwork. She has until Nov. 2nd to file her answer so not sure whether she will move out before then or still take it to a hearing, but although it's not a done deal, I'm feeling less apprehensive about the outcome. 

Good for you sticking to the facts of no cause termination of mtm agreement. Not even legal aide could find fault in that.

Unfortunately for my people, I am only offering mtm agreements for new placements for this reason.  Exceptions for my fewer sec8 or vet VASH folks I place in small apts.   

Thank you for the update and best wishes!