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Dwayne B.
Dwayne B., Attorney
Category: Landlord-Tenant
Satisfied Customers: 32369
Experience:  Began practicing law in 1992
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The landlord and me the tenant are friends??/ He evicted me

Customer Question

The landlord and me the tenant are friends??/ He evicted me for not paying rent. He offered me a room if I help him replace his siding. No written or oral agreement about rent. However the Montana law suggests he can say these words: " I'M GOING TO EVICT YOU IN THREE DAYS." At the hearing that is the first question the Judge asked me; I replied that the Landlord yelled something, maybe like that. The judge evicted me and gave me 30 days. This Landlord was facing two trials: I was going to sue him in small claims court for taking things which belonged to me. And in Criminal Court because the Deputy caught him taking items from the home's attic where I store most of my things. My friend???? said I could store them until we finished with his siding. The Landlord never got the things to remove the asbestos siding or did he purchase any new siding. Question can he evict me because of those 8 large words in capital letters??
Submitted: 5 months ago.
Category: Landlord-Tenant
Expert:  Dwayne B. replied 5 months ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

Unfortunately, Montana law allows a landlord to give as little three days notice if the eviction is for non-payment of rent.

Now, there would have been a way to challenge the eviction if you were being evicted for reporting him to the police. This is what is known as a retaliatory eviction and is against public policy, at least in theory. However, you would have had to file the charges and the landlord would have had to have been notified before he began the eviction procedure.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a Positive Rating so I receive credit for my work.

Of course, please feel free to ask any follow up questions in this thread. I want to be sure that all of your questions are answered. In addition, once you issue your Positive Rating the question will lock open and no longer time out so you can come back to it anytime in the future if you think of any follow ups.

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