Non-renewal, month to month in Montana

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Non-renewal, month to month in Montana

Amber G.
USA · Member since 2017 · 19 posts · 10 votes

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?

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Steve Vaughan
Rental Property Investor · East Wenatchee, WA · Member since 2014 · 10k+ posts · 16k+ votes
6y
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!

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  • Account Closed
    Specialist · Bozeman, MT · Member since 2016 · 237 posts · 153 votes
    6y

    Sounds messy. My best advice is to document everything, including the Facebook posts. Do not use the phone, and send every letter certified. If it needs to be brought into litigation, the Montana Landlord Association lawyers are very good. 9 times out of 10 a tenant will win in Montana courts. The appeals process can become brutal and expensive, and an injunction is easy to file. Best to go cash for keys and to get the tenant out.

    This is all assuming your lease is strong and legal. I've been PMing in Montana for almost 15 years, and have run into a tenant like this only once. We settled out of court, and she ended up leaving anyway. In my case, she was harassing a tenant of mine next door, and forced me into eviction procedures. Of course they will blame you for that... 

    It would do you good to just have a consult with the lawyer I mentioned. Last time I used them, they didn't charge me for travel time, as they are based in Missoula, which is a rarity. When delivering any notices, include this wording in the body of the letter. https://leg.mt.gov/bills/mca/t...

    edit: to add to this, do not delay your procedures, and follow everything to the word of the law. It may take much longer than you think to get them out if the tenant wants to drag them out. Without knowing the details, here is a section of the code you can read up on. If I were you, I'd almost be relieved if the tenant did not pay rent. Do not "diminish services" or you will become familiar with the term "treble damages".

    Read up on the Landlord Tenant Act here: https://leg.mt.gov/bills/mca/t...

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  • Amber G.
    OP
    USA · Member since 2017 · 19 posts · 10 votes
    6y

    This is helpful, although not particularly encouraging. I feel like I’m pretty familiar with the Landlord-Tenant Act as I was successful solo in court (judge said she’d never seen such a strong lease) on one other eviction two years ago. The tenant sent a letter (I almost think that she thinks that sending it “certified” makes it some sort of legal demand) accusing me of “vehicle discrimination” and stating needing a minimum of 90 days, but also refusing to move in inclement weather. 90 date is In December, pretty sure the whole winter will be inclement weather. 
    I have been careful to only communicate via written means. I’ve only owned the property for a year, but she doesn’t realize that long-term tenancy doesn’t give her any more rights than a shorter-term month-to-month tenant.

    I hope it’s a good choice to not respond to her letter as I’m not required to and I feel like sticking to the “no reason, termination of month-to-month” is my safest tactic. If it weren’t for the nastiness I would almost feel bad as her delaying will reduce her options significantly as the few vacancies in town will not last. 

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  • Theresa HarrisPro Member
    Member since 2019 · 15k+ posts · 11k+ votes
    6y

    If she's paying rent, then it is unlikely that she can use the 'I have no money' excuse.  While she may be working, she may be working from home.  Try not to take things personally (easier said that done sometimes) and just stick to the fact.

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  • Amber G.
    OP
    USA · Member since 2017 · 19 posts · 10 votes
    6y

    Yeah, I hate being the bad guy, but am committed to doing what’s best for my business. I know she’s working outside of the home. She even sent it to me in writing. Her online friends have convinced her that no evictions can take place, but none of them have apparently read what the moratoriums actually say.

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  • Amber G.
    OP
    USA · Member since 2017 · 19 posts · 10 votes
    6y

    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. 

    1Reply
  • Steve Vaughan
    Rental Property Investor · East Wenatchee, WA · Member since 2014 · 10k+ posts · 16k+ votes
    6y
    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!

    1Reply
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