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Bill > HB501


MT HB501

MT HB501
Create a limited remedy to remove unauthorized persons from residential property


summary

Introduced
02/13/2025
In Committee
02/14/2025
Crossed Over
Passed
Dead
05/20/2025

Introduced Session

2025 Regular Session

Bill Summary

AN ACT ENTITLED: “AN ACT REVISING LAWS RELATED TO THE UNAUTHORIZED OCCUPANCY OF RESIDENTIAL DWELLINGS; PROVIDING A LIMITED ALTERNATIVE REMEDY FOR THE REMOVAL OF UNAUTHORIZED PERSONS; ALLOWING AN OWNER TO SUBMIT A COMPLAINT TO LOCAL LAW ENFORCEMENT; PROVIDING CONDITIONS THE OWNER MUST MEET BEFORE FILING A COMPLAINT; REQUESTING THAT LAW ENFORCEMENT PROVIDE NOTICE TO VACATE; PROVIDING A CAUSE OF ACTION FOR PERSONS WRONGFULLY REMOVED; PROVIDING THAT A PERSON WHO KNOWINGLY PRESENTS FALSE DOCUMENTS OR ADVERTISES FOR SALE REAL OR PERSONAL PROPERTY NOT LEGALLY OWNED BY THE PERSON COMMITS DECEPTIVE PRACTICE; PROVIDING DEFINITIONS; AND AMING SECTION 45-6-317, MCA.”

AI Summary

This bill creates a new legal process for property owners to quickly remove unauthorized persons from residential properties through local law enforcement. The bill defines key terms such as "owner" (legal property owner), "residential dwelling" (a place of residence), and "unauthorized person" (someone without permission to be on the property). Under the new procedure, property owners must meet specific conditions before requesting removal, including providing a written notice to vacate, confirming no pending litigation exists, and verifying that the unauthorized person is not a tenant, family member, or someone with a legitimate claim to the property. If these conditions are met, the owner can submit a complaint to local law enforcement, who will then verify the owner's claim and serve a 24-hour notice to vacate to the unauthorized occupants. Law enforcement may also attempt to verify the identities of the occupants and potentially make arrests for trespassing or other offenses. The bill also allows law enforcement to charge fees for these services and provides protections for property owners regarding removed personal property. Additionally, the bill amends existing deceptive practices laws to include new provisions about fraudulently presenting property documents or advertising property for sale without legal ownership, with associated criminal penalties. Importantly, the bill includes a provision allowing persons wrongfully removed to bring a civil action and potentially recover damages, court costs, and attorney fees.

Committee Categories

Justice

Sponsors (1)

Last Action

(H) Died in Process (on 05/20/2025)

bill text


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