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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 26709
Experience:  Began practicing law in 1992
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This question is for Dwayne B it is a new thread for a different

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This question is for Dwayne B it is a new thread for a different subject. It is in Montana and is about rentors that don't get their things out right away. They haven't paid rent since July and still don't have their things out of the house. I'm not sure what the procedures are. Thank You
Submitted: 9 months ago.
Category: Legal
Expert:  Dwayne B. replied 8 months ago.
Thanks for opening the new thread. That'll keep me from getting fussed at!

Are they still occupying the premises, coming and going, etc.? Are the utilities still on?
Customer: replied 8 months ago.

They moved 120 miles away and have come down on a couple of weekends. The utilities are still on. We might have an early winter and will need to keep it from freezing. We want to have it appraised to sell and we sure can't while it looks this bad. I want to take affront loader and scrape up the garbage they have left out side before winter hits and it is really bad outside. They did do damage to some walls of the house. Obviously they don't get their deposit back.

Expert:  Dwayne B. replied 8 months ago.
Since their stuff is still there you are probably going to want to go through the steps to formally evict them. That's the only way to be sure that you don't get sued for moving their things.

All the information and forms you need to do an eviction in MT are at http://courts.mt.gov/library/topic/landlord.mcpx

There are also some good papers at that link that explain how the process works. Be sure and read the section there on Security Deposits as well.

That particular page is set up by the Montana Court system and so you can be sure it's all correct.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 26709
Experience: Began practicing law in 1992
Dwayne B. and 14 other Legal Specialists are ready to help you
Customer: replied 8 months ago.

Thank You

Customer: replied 8 months ago.

We have no idea what their address is. How do you suggest we can find it out

Expert:  Dwayne B. replied 8 months ago.
That can be a little tricky. You can contact the property tax entity or the tax appraiser for wherever they live and if they own property they can provide an address.

Also, if you know where you can serve them but don't have a home address you can just put in the petition that their home address is unknown but they can be served at __________ (insert address). Their home address isn't absolutely necessary to the lawsuit.
Customer: replied 8 months ago.

thanks

Expert:  Dwayne B. replied 8 months ago.
You're very welcome.
Customer: replied 8 months ago.

knew we wanted to clean walls etc. and they were going to meet us there to take the rest of their things. They changed things and didn't meet us but When I texted I asked if we could put her things in a box while we cleaned. She said yes. We didn't have to move anything we washed walls and vacuumed. I texted and asked if two piles of white garbage could be taken to the dump. White insulation etc. She said Keith said it was garbage and it was ok. He came down in the middle of the night and locked the doors and took some things. We wondered if we dare clean walls or should we wait until the certified letter receipt comes back and we wait the 15 days. They said that they had taken utilities out of their name and it would be back in ours. He didn't leave us the keys like he was going to. She did text me her address so now I can send the letter. Do you think we would be ok going in to just clean walls? she did have more than 24 hours notice we wanted to do this. What do you think?

Expert:  Dwayne B. replied 8 months ago.
Did he change the locks or just lock the doors?
Customer: replied 8 months ago.

just locked the doors

Expert:  Dwayne B. replied 8 months ago.
If you texted and let her know you were cleaning and she didn't have any objections then nothing has really changed and you should be okay in cleaning.
Customer: replied 8 months ago.

we sent Brittany pictures of what is left in the house and asked if she still wanted it and she said " I guess not". She hasn't been sent the letter yet that says they have two weeks to get their things. I now have her address and plan on sending it tomorrow. I was going to text and let her know if she wanted we could save some of it for two weeks if that would help her. Is this opening a can of worms?

Expert:  Dwayne B. replied 8 months ago.
Nah, it's always better to be nice and easy going.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 26709
Experience: Began practicing law in 1992
Dwayne B. and 14 other Legal Specialists are ready to help you
Customer: replied 8 months ago.

Thank You

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