Cal. Civ. Code § 70-27-103
Forcible Detainer Defined
Operative Text
Every person is guilty of a forcible detainer who either: (1) by force or by menaces and threats of violence unlawfully holds and keeps the possession of any real property or mining claim, whether the same was acquired peaceably or otherwise; or (2) in the nighttime or during the absence of the occupant of any lands or mining claim unlawfully enters upon real property and, after demand made for the surrender thereof, for the period of 5 days refuses to surrender the same to such former occupant. The occupant of real property or mining claim, within the meaning of this subsection, is one who, within 5 days preceding such unlawful entry, was in the peaceable and undisputed possession of such lands.
Montana Code § 70-27-103 defines two situations that constitute 'forcible detainer' — a legal classification for unlawfully holding property. The first covers anyone who uses force, threats, or menaces to keep possession of real property or a mining claim, regardless of how they originally obtained it. The second covers someone who enters land or a mining claim at night or while the occupant is away, and then refuses to leave for at least five days after being formally asked to surrender the property, provided the original occupant had peaceful, undisputed possession within the five days before that entry.
Plain English — not legal advice.
Property owners and managers should understand that § 70-27-103 cuts both ways: the forcible detainer statute can apply to anyone — including a landlord — who uses threats or force to hold property against a rightful occupant. Compliant operators rely on formal legal processes, such as court-ordered eviction proceedings, rather than self-help measures like intimidation or unauthorized lockouts. Keeping documentation of lawful possession and following proper notice procedures helps demonstrate that any transition of occupancy occurred through legitimate channels.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under Mont. Code Ann. § 70-27-103, a person who enters your home or land while you are away and refuses to leave after a formal demand may be classified as committing forcible detainer, giving you a recognized legal basis to seek removal through Montana courts. If you were in peaceful, undisputed possession of the property within five days before such an entry, the statute's protections are specifically designed to apply to your situation. Tenants facing this kind of unlawful holdover can explore options such as filing a forcible detainer action in a Montana court or reaching out to a local tenant-rights organization for general guidance on available remedies.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 22, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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