Can I evict my tenant-at-will?

[wantmytrailerback]

Jurisdiction

Montana

I bought a trailer over a year ago. I agreed to let a woman and her daughter live there free of rent with the stipulation of paying the lot rent of $325 to the property management that owns the park the trailer sits in. She signed a one-year lease with them, which has expired and is now on a month-to-month system, but has no written lease or agreement with me (except for verbal permission to live there). I would like to move the trailer out of the lot to another location and have asked her to move out, but she is stating she doesn't want to. As the legal owner, I feel like my generosity has been more than enough and would like to proceed in a legal eviction process to retain possession of my property. I researched Montana law, but it mostly pertains to lease-relationships between landlord and tenants. As a tenant-at will or licensee, can I evict her with a 30-day written notice?

 

[shrinkmaster]

You follow same procedure as if there were a written rental agreement

 

[adjusterjack]

As a tenant-at will or licensee, can I evict her with a 30-day written notice?

There is no question that she is your tenant at will but there are two things you need to understand.

1 - There is a difference between eviction and termination of tenancy. You terminate the tenancy with proper notice. If the tenant is still there after the move out deadline you evict through the courts.

2 - The Montana statute requires that you give her written notice of not less than one month notice, not 30 days. See 70-27-104 at:

2015 Montana Code Annotated :: Title 70. PROPERTY :: CHAPTER 27. FORCIBLE ENTRY AND DETAINER UNLAWFUL DETAINER :: Part 1. Definitions and Preliminary Procedure :: 70-27-104. Tenancy at will -- termination by notice.

 

[shrinkmaster]

Just as a heads up if the tenant does not leave after notice and you are forced to seek legal eviction this will take several months

 

[army judge]

Just as a heads up if the tenant does not leave after notice and you are forced to seek legal eviction this will take several months

In some states, MT is one, with the onset of winter evictions are often held in abeyance until spring.

 

[shrinkmaster]

Ok so even longer then.

 

[army judge]

Ok so even longer then.

Yes siree Bob.