Squatters' Rights in Montana
Montana rules on squatters & abandoned property for renters and landlords, with the statute or official page behind each answer. Last verified: 2026-10-22.
Short answer: Police removal without a court case. A person who cannot produce authorization to occupy the premises is an unauthorized person or trespasser and may be removed immediately by law enforcement at the request of the property owner or authorized agent. Mont. Code Ann. § 70-24-113
The rules in Montana
| Squatters / unauthorized occupants | Police removal without a court case. A person who cannot produce authorization to occupy the premises is an unauthorized person or trespasser and may be removed immediately by law enforcement at the request of the property owner or authorized agent. Authorization means a written rental agreement, written or verbal permission from the landlord, or written or verbal permission from a tenant for a guest; verbal permission counts only if the person who gave it confirms it. The owner may ask law enforcement to stand by while the locks are changed and the occupant's belongings removed. An owner or agent who knowingly gives false information must indemnify the law enforcement agency for any damages awarded against it. Enacted 2021 (Ch. 536); amended 2025 (Ch. 179). Source: Mont. Code Ann. § 70-24-113 |
|---|---|
| Belongings left behind | If the tenancy ended by court order, property left behind is considered abandoned and may be disposed of immediately as allowed by law. Otherwise, if the landlord has clear and convincing evidence the tenant abandoned all property and at least 48 hours have passed since getting that evidence, the landlord may remove it and immediately discard trash and hazardous, perishable or valueless items (labeled rent-to-own/leased items need the lessor's lien confirmation). Property the landlord reasonably believes is valuable must be inventoried and stored with reasonable care. The landlord must then send written notice (certificate of mailing or certified mail, to the last-known address) that the property will be disposed of on a date at least 10 days after mailing. If the tenant replies in writing that they will collect it but does not within 7 days, it is conclusively abandoned. The landlord may sell it (public or private sale under 30-9A-610 or sheriff's sale rules) or destroy it if storage/sale would cost more than it is worth. Sale proceeds, less notice, storage, labor, sale costs and unpaid rent or damages, go to the tenant with an itemized accounting, or to the county treasurer if the tenant cannot be found. The landlord may charge reasonable storage and moving costs, which must be paid before the tenant takes the property back. The landlord must include these rules in plain language as a notification when the lease ends (§ 70-24-430(9)). Unclaimed proceeds revert to the county general fund after 3 years. The landlord is liable only for purposeful or negligent loss. Source: Mont. Code Ann. § 70-24-430 |
Related questions
Montana vs. neighboring states
| State | Squatters / unauthorized occupants | Belongings left behind |
|---|---|---|
| Montana | Police removal without a court case. A person who cannot produce authorization to occupy the premises is an unauthorized person or trespasser and may be removed immediately by law enforcement at the request of the property owner or authorized agent. Authorization means a written rental agreement, written or verbal permission from the landlord, or written or verbal permission from a tenant for a guest; verbal permission counts only if the person who gave it confirms it. The owner may ask law enforcement to stand by while the locks are changed and the occupant's belongings removed. An owner or agent who knowingly gives false information must indemnify the law enforcement agency for any damages awarded against it. Mont. Code Ann. § 70-24-113 | If the tenancy ended by court order, property left behind is considered abandoned and may be disposed of immediately as allowed by law. Otherwise, if the landlord has clear and convincing evidence the tenant abandoned all property and at least 48 hours have passed since getting that evidence, the landlord may remove it and immediately discard trash and hazardous, perishable or valueless items (labeled rent-to-own/leased items need the lessor's lien confirmation). Property the landlord reasonably believes is valuable must be inventoried and stored with reasonable care. The landlord must then send written notice (certificate of mailing or certified mail, to the last-known address) that the property will be disposed of on a date at least 10 days after mailing. If the tenant replies in writing that they will collect it but does not within 7 days, it is conclusively abandoned. The landlord may sell it (public or private sale under 30-9A-610 or sheriff's sale rules) or destroy it if storage/sale would cost more than it is worth. Sale proceeds, less notice, storage, labor, sale costs and unpaid rent or damages, go to the tenant with an itemized accounting, or to the county treasurer if the tenant cannot be found. The landlord may charge reasonable storage and moving costs, which must be paid before the tenant takes the property back. Mont. Code Ann. § 70-24-430 |
| Idaho | Sheriff removal without a lawsuit. A property owner (or authorized agent) may give the county sheriff a verified 'Complaint to Remove Persons Unlawfully Occupying Residential Real Property' (statutory form, under penalty of perjury, with government ID or proof of agency) if: the occupants entered unlawfully and remain; the property was not open to the public; the owner told them to leave; they are not current or former tenants under an owner-authorized lease; they are not immediate family; and no related litigation is pending. After verifying ownership, the sheriff serves a notice to immediately vacate (hand delivery or posting on the front door), puts the owner in possession, and may arrest for trespass or other crimes. Sheriff charges the writ-of-restitution service fee, plus an hourly stand-by fee if requested while locks are changed and belongings moved to the property line. A person wrongfully removed may sue for restoration of possession, actual damages, triple the fair market rent, costs and attorney's fees. Idaho Code § 6-310A | After a judgment for possession, a residential tenant has 72 hours to remove belongings (7 days for commercial tenants or tracts of 5+ acres). After that period and 3 days after the court's finding, the sheriff restores possession by removing the tenant, and the landlord may remove and dispose of all remaining property (including vehicles removable under § 49-1806), subject to security interests, without compensation to the tenant. The 3-day nonpayment notice must warn the tenant of this removal period. Idaho Code §§ 6-316(2), 6-303(2) |
| North Dakota | Unlawfully detaining, occupying, or trespassing on a residential dwelling is a class C felony on a first offense, and a class B felony for a repeat offense at the same dwelling. Entering or staying in a dwelling knowing you have no license or privilege to be there is also a class C felony, so police can treat squatting as criminal trespass. An owner can also bring a civil eviction action against someone who entered by force, intimidation, fraud, or stealth, or who holds possession by force or threats. North Dakota has no special affidavit-based removal procedure. N.D.C.C. § 12.1-22-03(1)-(2); § 12.1-22-06(1); § 47-32-01(1)-(3) | If the property left behind is worth $2,500 or less in total, the landlord may keep it and dispose of it without going to court, 28 or more days after getting actual notice that the tenant has moved out, or 28 or more days after it reasonably appears the tenant has moved out. The landlord keeps any sale proceeds. Storage and moving costs beyond those proceeds can come out of the security deposit. If the landlord removes the property after an eviction judgment and after the special execution has been served, the landlord has a lien for reasonable storage and moving costs and may hold the property until they are paid. N.D.C.C. § 47-16-30.1 |
| South Dakota | No special squatter-removal statute. An owner removes a person who entered by force, intimidation, fraud or stealth (or who holds possession by force or threats) through a forcible entry and detainer (FED) court action in circuit or magistrate court; the defendant has 5 days after service to appear, and the court enters judgment for possession. SDCL 21-16-1(1)-(3); 21-16-3; 21-16-7; 21-16-10 | Property with a total reasonable value of $500 or less left on residential premises for 10 days after the tenant quits is presumed abandoned and the landlord may dispose of it. Property worth more than $500 must be stored by the landlord, who has a lien for handling and storage costs; after storing it for 30 days or more the landlord may treat it as abandoned and dispose of it. No notice to the tenant is required by statute. SDCL 43-32-25; 43-32-26 |
| Wyoming | Since the 2025 session (SF0006, 2025 Session Laws ch. 41), an owner or authorized agent may file a sworn complaint (under penalty of perjury, with a copy of government ID or agency papers) with county law enforcement asking for immediate removal of a person who unlawfully entered and remains in a residential dwelling, if there is no known pending litigation between them and the person is not a current or former tenant, a co-owner or person on title (absent title fraud), an immediate family member, or a cohabitant. After verifying the complainant is the record owner, law enforcement must without delay give notice to immediately vacate (hand delivery or posting on the front door), put the owner in possession, and may arrest for trespass or warrants; officers may stand by while locks are changed and belongings are moved to the property line. A wrongfully removed person may recover possession, actual damages, triple the fair rental value for the period of wrongful removal, costs and attorney's fees. Presenting a fake lease or deed to stay on property is a misdemeanor (up to 6 months / $750); renting or selling property without authority is a felony (up to 2 years / $5,000). Wyo. Stat. 1-21-1401 to 1-21-1403; 6-5-309 | After lawfully regaining possession, the owner may immediately dispose of trash and property reasonably believed hazardous, perishable, or valueless; property left in the unit is presumed valueless and abandoned. Valuable property may be removed and stored; the owner must give written notice describing it and stating it will be disposed of 7 days after service unless the renter takes it or notifies the owner in writing of intent to take it. Notice is served by certified mail to an address the renter gave for this purpose, by personal service under W.R.C.P. 4, or by newspaper publication in the county. If the renter responds in writing, the owner holds it 7 more days; otherwise it is conclusively abandoned and may be kept or disposed of. The owner may charge reasonable or actual storage and removal costs before release and is not liable for loss in storage. Wyo. Stat. 1-21-1210 |
More Montana rental law
- Montana Security Deposit Law
- Montana Eviction Laws
- Montana Notice to Vacate Rules
- Landlord Entry Rules in Montana
- Montana Repairs & Tenant Remedies
- Montana Rent Increase & Late Fee Laws
- Breaking a Lease in Montana
- Montana Rental Fee Rules
- Montana Section 8, Records & Right to Counsel
- Montana Mold, Pests, Heat & AC Rules
- Montana Privacy, Guests & Animal Rules
- Montana Landlord Selling the House
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- Montana Subletting, Lease Endings & Tenant Death
- All Montana landlord-tenant rules
- Free legal help in Montana
Compare squatters & abandoned property in all 50 states and DC →
Squatters' Rights in Montana FAQ
How do you remove a squatter in Montana?
Police removal without a court case. A person who cannot produce authorization to occupy the premises is an unauthorized person or trespasser and may be removed immediately by law enforcement at the request of the property owner or authorized agent. Authorization means a written rental agreement, written or verbal permission from the landlord, or written or verbal permission from a tenant for a guest; verbal permission counts only if the person who gave it confirms it. The owner may ask law enforcement to stand by while the locks are changed and the occupant's belongings removed. An owner or agent who knowingly gives false information must indemnify the law enforcement agency for any damages awarded against it. (Mont. Code Ann. § 70-24-113)
What can a landlord do with a tenant's abandoned property in Montana?
If the tenancy ended by court order, property left behind is considered abandoned and may be disposed of immediately as allowed by law. Otherwise, if the landlord has clear and convincing evidence the tenant abandoned all property and at least 48 hours have passed since getting that evidence, the landlord may remove it and immediately discard trash and hazardous, perishable or valueless items (labeled rent-to-own/leased items need the lessor's lien confirmation). Property the landlord reasonably believes is valuable must be inventoried and stored with reasonable care. The landlord must then send written notice (certificate of mailing or certified mail, to the last-known address) that the property will be disposed of on a date at least 10 days after mailing. If the tenant replies in writing that they will collect it but does not within 7 days, it is conclusively abandoned. The landlord may sell it (public or private sale under 30-9A-610 or sheriff's sale rules) or destroy it if storage/sale would cost more than it is worth. Sale proceeds, less notice, storage, labor, sale costs and unpaid rent or damages, go to the tenant with an itemized accounting, or to the county treasurer if the tenant cannot be found. The landlord may charge reasonable storage and moving costs, which must be paid before the tenant takes the property back. (Mont. Code Ann. § 70-24-430)
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.