70-24-113. Removal of unauthorized person or trespasser -- indemnification for providing false information to law enforcement, MCA

Montana Code Annotated 2025

TITLE 70. PROPERTY

CHAPTER 24. RESIDENTIAL LANDLORD AND TENANT ACT OF 1977

Part 1. General Provisions

Removal Of Unauthorized Person Or Trespasser -- Indemnification For Providing False Information To Law Enforcement

70-24-113. Removal of unauthorized person or trespasser -- indemnification for providing false information to law enforcement. (1) An unauthorized person or trespasser has no legal right to occupy, enter, or trespass on a premises. A person who cannot produce authorization allowing the person to occupy a premises is an unauthorized person or trespasser for the purpose of this section and may be removed from the premises immediately by law enforcement.

(2) For the purposes of this section, authorization includes:

(a) a written rental agreement entitling the person to occupy the premises;

(b) written or verbal authorization from the landlord; or

(c) written or verbal authorization from a tenant if the person is a guest of the tenant.

(3) For the purposes of this section, verbal authorization is valid only if it is verified by the individual or entity entitled to give it under subsection (2)(b) or (2)(c).

(4) A property owner or authorized agent may request law enforcement to remove an unauthorized person or trespasser pursuant to this section.

(5) The property owner may request law enforcement to stand by to keep the peace while changing locks and removing personal property belonging to the unlawful occupant.

(6) A property owner or authorized agent who knowingly provides false information in a request under subsection (4) shall indemnify the law enforcement agency and its agents for any damages awarded against the law enforcement agency or its agents for their good faith conduct based on the request.

History: En. Sec. 1, Ch. 536, L. 2021; amd. Sec. 3, Ch. 179, L. 2025.