Cal. Civ. Code § 70-27-205

Verdict, Judgment, And Execution

In Force
Verified 10/22/2026 · Next check 11/21/2026
effective 10/22/2026MontanaSummary Process

Operative Text

Cal. Civ. Code § 70-27-205
(1) If upon the trial the verdict of the jury or, if the case is tried without a jury, the finding of the court is in favor of the plaintiff and against the defendant, judgment must be entered for the restitution of the premises. If the proceeding is for an unlawful detainer after neglect or failure to perform the conditions or covenants of the lease or agreement under which the property is held or after default in the payment of rent, the judgment must also declare the forfeiture of the lease or agreement.
(2) The jury, or the court if the proceeding is tried without a jury, shall also assess the damages occasioned to the plaintiff by any forcible entry or by any forcible or unlawful detainer alleged in the complaint and proved on the trial and find the amount of any rent due if the alleged unlawful detainer is after default in the payment of rent. The judgment must be rendered against the defendant, guilty of the forcible entry or forcible or unlawful detainer, for three times the amount of the damages assessed and of the rent found due.
(3) When the proceeding is for an unlawful detainer after default in the payment of the rent and the lease or agreement under which the rent is payable has not by its terms expired, execution upon the judgment may not be issued until the expiration of 5 days after the entry of the judgment, within which time the tenant or any subtenant or any mortgagee of the term or other party interested in its continuance may pay into court for the landlord the amount found due as rent with interest and the amount of damages found by the jury or the court for the unlawful detainer and the costs of the proceeding, and upon the payment, the judgment is satisfied and the tenant must be restored to the tenant's estate. However, if the payment is not made within 5 days, the judgment may be enforced for its full amount and for the possession of the premises. In all other cases the judgment may be enforced immediately.
Source: Legislative text reproduced verbatim
Plain English

Montana Code Ann. § 70-27-205 governs the outcome of eviction (unlawful detainer) proceedings in Montana courts. When a court or jury rules in a landlord's favor, the court must order the return of the property, and in cases involving lease violations or unpaid rent, it must also declare the lease forfeited. Notably, damages for forcible entry or unlawful detainer are automatically trebled—tripled—by law, and tenants who owe back rent have a narrow five-day window after judgment to pay all amounts owed and avoid losing possession.

Written by anthropic/claude-sonnet-4.6 · Reviewed on October 22, 2026

Plain English — not legal advice.

For Property Managers

Under Mont. Code Ann. § 70-27-205, landlords who prevail in an eviction action are entitled to a judgment for restitution of the premises, and in cases of lease breach or nonpayment, a declaration of lease forfeiture. Compliant operators document all damages and unpaid rent carefully before trial, since the court or jury assesses those amounts and the statute mandates that the final judgment reflect three times the damages found. When the case involves nonpayment of rent and the lease has not yet expired by its own terms, landlords should be aware that execution of the judgment is automatically stayed for five days, during which a tenant may redeem the tenancy by paying all amounts owed plus costs.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

Mont. Code Ann. § 70-27-205 provides tenants with an important redemption right in nonpayment-of-rent cases where the lease has not yet expired: within five days of a judgment being entered, a tenant, subtenant, mortgagee, or other interested party may pay into court all rent found due, interest, damages, and court costs, which fully satisfies the judgment and restores the tenant's right to remain. Tenants should also be aware that damages awarded under this provision are tripled by operation of law, making the financial stakes of an adverse judgment significant. Tenants facing eviction proceedings in Montana may benefit from contacting a local tenant-rights organization or legal aid office to understand how this provision applies to their circumstances.

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.

Effective Timeline

Current
Oct 22, 2026
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References Out

No outbound references recorded yet for this provision.

References In

Rules and statutes that cite this regulation

Mont. Code Ann. § 70-27-103
Mont. Code Ann. § 70-27-111
Mont. Code Ann. § 70-27-205

Related Rules

§ 1
Persons entitled to summary process
§ 3
Judgment and execution; costs; appeal
§ 5
Appeal; bond; actions thereon; waiver; appeal of waiver or periodic payments; notice of decision

Source Information