Cal. Civ. Code § 70-33-427
Landlord's Remedies After Termination -- Action For Possession
Operative Text
(1) If the rental agreement is terminated, the landlord has a claim for possession, rent, and actual damages for any breach of the rental agreement. (2) (a) Except as provided in subsection (2)(c), an action filed pursuant to subsection (1) in a court must be heard within 10 business days after the tenant's appearance or the answer date stated in the summons, except that if the rental agreement is terminated because of noncompliance under 70-33-321 (4), the action must be heard within 5 business days after the tenant's appearance or the answer date stated in the summons. (b) If the action is appealed to the district court, the hearing must be held within 10 business days after the case is transmitted to the district court, except that if the rental agreement is terminated because of noncompliance under 70-33-321 (4), the hearing must be held within 5 business days after the case is transmitted to district court. (c) A hearing for damages for any breach of the rental agreement must be held within 45 days after the claim of possessions and rent has been adjudicated. (3) The landlord and tenant may stipulate to a continuance of the hearing beyond the time limit in subsection (2) without the necessity of an undertaking. (4) In a landlord's action for possession filed pursuant to subsection (1), the court shall rule on the action within 5 days after the hearing. If a landlord's claim for possession is granted, the court shall issue a writ of possession immediately.
Mont. Code Ann. § 70-33-427 establishes what a landlord may seek from a court after a rental agreement is terminated: the right to reclaim the property, unpaid rent, and actual damages for any lease violations. The law sets strict timelines for how quickly courts must schedule and decide these cases — generally within 10 business days of the tenant's appearance, with shorter 5-business-day windows in certain noncompliance situations. Once a court rules in the landlord's favor on a possession claim, it must issue a writ of possession immediately, and any separate damages hearing must occur within 45 days of that ruling.
Plain English — not legal advice.
Under Mont. Code Ann. § 70-33-427, operators who have properly terminated a rental agreement may pursue court action for possession, back rent, and actual damages arising from lease breaches. Compliant operators typically document all claimed damages carefully, as the damages hearing may be scheduled separately — within 45 days after the possession and rent claims are resolved. Because courts are required to rule on possession within 5 days of the hearing and issue a writ of possession immediately upon a favorable ruling, operators generally ensure their filings and evidence are organized and ready well before the scheduled hearing date.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Mont. Code Ann. § 70-33-427 governs the court process a landlord must follow after terminating a rental agreement, and it also defines the timeline within which a tenant must respond or appear. Tenants should be aware that hearings are scheduled quickly — often within 10 business days of their appearance or the answer date on the summons, and as few as 5 business days in certain noncompliance cases — leaving limited time to prepare a response. Tenants facing a possession action may wish to contact a local tenant-rights organization or legal aid office promptly to understand available defenses and options under this provision.
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
References In
Rules and statutes that cite this regulation