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I live in montana. I invited someone in to my residence for…

Customer Question
I live in montana...

I live in montana. I invited someone in to my residence for 10 days. Now I am attempting to remove them from the property. They refuse. Whemn I contacted the police they told me that as long as the persons clothing were there I had to do a formal eviction notice. I pay all of the rent and other bills for the house. Can you help me with what my rights are?

Lawyer's Assistant: Since laws vary from place to place, what state is this in? And when did this happen?

Montana...within the last two weeks.

Lawyer's Assistant: What are the terms of the lease? Any issues related to maintenance or upkeep?

No.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I also was served a restraining order and am not allowed to return to my premisis. The landlord was told that he could not do anything to remove the other party.

Submitted: 2 months ago.Category: Legal
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Answered in 6 minutes by:
5/31/2018
Lawyer: Nisha Jones,
 replied 2 months ago
Nisha Jones
Category: Legal
Satisfied Customers: 3,490
Experience: Managing Attorney at Nisha Jones Law, LLC
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Good afternoon, I am an attorney expert with the JustAnswer website, and former Prosecutor for the State Attorney's Office. I have a near 100% customer satisfaction rate, and I'll be answering your questions today. JustAnswer provides general legal information only and no attorney-client relationship is formed. Please allow me just a few minutes to review your question, thank you!

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Lawyer: Nisha Jones,
 replied 2 months ago

I'm sorry to hear about your situation. Give me just a few minutes to finish typing up some information for you, thanks!

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Lawyer: Nisha Jones,
 replied 2 months ago

Unfortunately local police are usually reluctant to get involved with landlord tenant issues or help with removing someone from the home if there is not an official court order.

If someone has resided at your house for a few weeks, and the police believe that they may be residing there, then unfortunately the police will not arrest them for trespassing, even though you may have asked them to leave.

Even though there is no lease agreement and this person is not contributing to the household expenses at all, you'll still need to obtain a formal eviction order to get them out if they won't leave voluntarily.

This is done by filing a request for the eviction order at the local county courthouse in the county where the residence is located.

If you visit the clerk's office there, they should be able to provide you with the necessary forms and help you get the paperwork filed.

There will then be an eviction hearing date set, and this individual will be served with notice of the hearing as well.

At the eviction hearing you would just need to convey to the judge that there is no lease agreement, and that you would like this person out of your home.

The court should then issue an eviction order, and that order is enforceable by the sheriff's office.

I hope that helps!

Please remember to rate my service once you have all the information you need. If you have any other questions, please ask me - I'll be happy to respond. Thank you!

Please remember that any information shared over this site is for general informational purposes only and does not constitute legal advice. You should meet with and consult a local attorney for representation in this matter.

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Lawyer: Nisha Jones,
 replied 2 months ago

Hi! Just checking in to see if you have any more questions? I hope I was able to address all of your concerns. Please let me know, I'm here to help. Thanks!

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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