reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 70. Property › Chapter 25. Residential Tenants' Security Deposits › Part 2. Rights and Duties › 70-25-202. List of damages and refund -- delivery to departing tenant

70-25-202. List of damages and refund -- delivery to departing tenant.
(1) Except as provided in subsection (2):
(a) Each landlord, within 30 days subsequent to the termination of a tenancy or within 30 days subsequent to a surrender and acceptance of the leasehold premises, whichever occurs first, shall provide the departing tenant with a written list of any rent due and any damage and cleaning charges, brought after the provisions of 70-25-201 have been followed, with regard to the leasehold premises that the landlord alleges are the responsibility of the tenant. Delivery of the list must be accompanied by payment of the difference, if any, between the security deposit and the permitted charges set forth in 70-25-201. Delivery must be accomplished by mailing the list and refund to the new address provided by the tenant or, if a new address is not provided, to the tenant's last-known address.
(b) If after inspection there are no damages to the premises, no cleaning required, and no rent unpaid and if the tenant can demonstrate that no utilities are unpaid by the tenant, the landlord shall return the security deposit within 10 days by mailing it to the new address provided by the tenant or, if a new address is not provided, to the tenant's last-known address.
(c) It is not a wrongful withholding of security deposit funds if the landlord mails the funds to the last-known address of a tenant who has departed and the tenant does not receive the funds because the tenant has not given the landlord the tenant's new address, but the landlord remains liable to the tenant for the amount due the tenant.
(2) This section does not apply if a rental agreement is terminated pursuant to 70-24-427 or 70-33-427 and the landlord has a pending claim for actual damages filed in court.
History: En. 42-304 by Sec. 4, Ch. 219, L. 1974; amd. Sec. 3, Ch. 297, L. 1977; R.C.M. 1947, 42-304; amd. Sec. 3, Ch. 505, L. 1991; amd. Sec. 1, Ch. 241, L. 2001; amd. Sec. 3, Ch. 383, L. 2023.
2023 Montana Code Annotated › Title 70. Property › Chapter 25. Residential Tenants' Security Deposits › Part 2. Rights and Duties › 70-25-203. Failure to provide list -- forfeiture of deduction rights

70-25-203. Failure to provide list -- forfeiture of deduction rights.
Any landlord who fails to provide the departing tenant with a written list of damage and cleaning charges as required by 70-25-202 shall forfeit all rights to withhold any portion of the security deposit for the damages or cleaning charges.
History: En. 42-305 by Sec. 5, Ch. 219, L. 1974; amd. Sec. 4, Ch. 297, L. 1977; R.C.M. 1947, 42-305.
2023 Montana Code Annotated › Title 70. Property › Chapter 25. Residential Tenants' Security Deposits › Part 2. Rights and Duties › 70-25-204. Wrongful withholding of security deposit -- action

70-25-204. Wrongful withholding of security deposit -- action.
(1) A person who wrongfully withholds a residential property security deposit or any portion of the deposit is liable in damages to the tenant in a civil action for an amount equal to the sum determined to have been wrongfully withheld or deducted. The attorney fees may be awarded the prevailing party at the discretion of the court. The burden of proof of damages caused by the tenant to the leasehold premises is on the landlord.
(2) An action may not be maintained by a tenant for any amount wrongfully withheld or deducted prior to:
(a) the tenant's receipt from the landlord or the landlord's agent of a written denial of the sum alleged to be wrongfully detained;
(b) the expiration of a 30-day period after the termination of a tenancy;
(c) the expiration of a 30-day period after surrender and acceptance of the leasehold premises; or
(d) the expiration of a 10-day period after the landlord has indicated there were no damages to the premises, no cleaning was required, no rent was unpaid, and no utilities were unpaid by the tenant.
History: En. 42-306 by Sec. 6, Ch. 219, L. 1974; R.C.M. 1947, 42-306; amd. Sec. 4, Ch. 505, L. 1991; amd. Sec. 2, Ch. 342, L. 1993.
2023 Montana Code Annotated › Title 70. Property › Chapter 25. Residential Tenants' Security Deposits › Part 2. Rights and Duties › 70-25-205. Failure of departing tenant to furnish new address

70-25-205. Failure of departing tenant to furnish new address.
Failure by the departing tenant to provide the landlord with a new address in writing upon termination of the tenancy or upon surrender and acceptance of the leasehold premises, whichever occurs first, does not bar the tenant from recovering the amount owing to the tenant by the landlord.
History: En. 42-307 by Sec. 7, Ch. 219, L. 1974; R.C.M. 1947, 42-307; amd. Sec. 3, Ch. 342, L. 1993; amd. Sec. 2, Ch. 241, L. 2001.
2023 Montana Code Annotated › Title 70. Property › Chapter 25. Residential Tenants' Security Deposits › Part 2. Rights and Duties › 70-25-206. Landlord to furnish statement of condition of premises at beginning of lease

70-25-206. Landlord to furnish statement of condition of premises at beginning of lease.
(1) Any person engaged in the rental of property for residential purposes who requires a security deposit shall furnish to each tenant, in conjunction with execution of a lease or creation of a tenancy, a separate written statement as to the present condition of the premises intended to be let. At the written request of the tenant, a copy of the written list of damage and cleaning charges, if any, provided to the tenant of the immediately preceding leasehold agreement for the premises in question must be provided to the tenant.
(2) Each written statement of the present condition of a premises intended to be let shall contain at least the following:
(a) a clear and concise statement of the present condition of the premises known to the landlord or the landlord's agent or which should have been known upon reasonable inspection;
(b) if the premises have never previously been let, a statement indicating the fact; and
(c) the signature of the landlord or the landlord's agent.
(3) A person engaged in the rental of property for residential purposes who fails to furnish a tenant, in conjunction with the execution of the lease or creation of the tenancy, with a separate written statement of the present condition of the premises intended to be let and, upon the written request of the tenant, a written list of damage and cleaning charges provided to the tenant of the immediately preceding leasehold agreement is barred from recovering any sum for damage to or cleaning of the leasehold premises unless the person can establish by clear and convincing evidence that the damage occurred during the tenancy in question and was caused by the tenant occupying the leasehold premises or the tenant's family, licensees, or invitees.
History: En. 42-308 by Sec. 8, Ch. 219, L. 1974; amd. Sec. 5, Ch. 297, L. 1977; R.C.M. 1947, 42-308; amd. Sec. 5, Ch. 505, L. 1991; amd. Sec. 4, Ch. 342, L. 1993.
2023 Montana Code Annotated › Title 70. Property › Chapter 26. Landlord and Tenant Residential and Commercial › Part 1. Residential and Commercial › 70-26-101. Letting of parts of rooms prohibited

70-26-101. Letting of parts of rooms prohibited.
A person who hires part of a room for a dwelling is entitled to the whole of the room, notwithstanding any agreement to the contrary, and if a landlord lets a room as a dwelling for more than one family, the person to whom the landlord first lets any part of it is entitled to the possession of the whole room for the term agreed upon, and every tenant in the building under the same landlord is relieved from all obligation to pay rent to the landlord while the double letting of any room continues.
History: En. Sec. 2629, Civ. C. 1895; re-en. Sec. 5235, Rev. C. 1907; re-en. Sec. 7750, R.C.M. 1921; Cal. Civ. C. Sec. 1950; Based on Field Civ. C. Sec. 998; re-en. Sec. 7750, R.C.M. 1935; R.C.M. 1947, 42-210; amd. Sec. 2182, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 70. Property › Chapter 26. Landlord and Tenant Residential and Commercial › Part 1. Residential and Commercial › 70-26-102. Transferee of rental property to have same rights as transferor

70-26-102. Transferee of rental property to have same rights as transferor.
A person to whom any real property is transferred or devised, upon which rent has been reserved, or to whom any rent is transferred is entitled to the same remedies for recovery of rent, for nonperformance of any of the terms of the lease, or of any waste or cause of forfeiture as the person's grantor or devisor might have had.
History: En. Sec. 1273, Civ. C. 1895; re-en. Sec. 4521, Rev. C. 1907; re-en. Sec. 6763, R.C.M. 1921; Cal. Civ. C. Sec. 821; Field Civ. C. Sec. 260; re-en. Sec. 6763, R.C.M. 1935; R.C.M. 1947, 67-704; amd. Sec. 2183, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 70. Property › Chapter 26. Landlord and Tenant Residential and Commercial › Part 1. Residential and Commercial › 70-26-103. Attornment of tenant to stranger void

70-26-103. Attornment of tenant to stranger void.
The attornment of a tenant to a stranger is void unless it is made with the consent of the landlord or in consequence of a judgment of a court of competent jurisdiction.
History: En. Sec. 48, p. 487, Bannack Stat.; re-en. Sec. 48, p. 403, Cod. Stat. 1871; re-en. Sec. 225, 5th Div. Rev. Stat. 1879; re-en. Sec. 283, 5th Div. Comp. Stat. 1887; re-en. Sec. 2627, Civ. C. 1895; re-en. Sec. 5233, Rev. C. 1907; re-en. Sec. 7748, R.C.M. 1921; Cal. Civ. C. Sec. 1948; re-en. Sec. 7748, R.C.M. 1935; R.C.M. 1947, 42-208.
2023 Montana Code Annotated › Title 70. Property › Chapter 26. Landlord and Tenant Residential and Commercial › Part 1. Residential and Commercial › 70-26-104. Notice of action by third person served on tenant -- duty to inform landlord

70-26-104. Notice of action by third person served on tenant -- duty to inform landlord.
A tenant who receives notice of a proceeding to recover the real property occupied by the tenant or the possession of the real property shall immediately inform the landlord of the notice and shall also deliver to the landlord the notice, if in writing, and is responsible to the landlord for all damages that the landlord may sustain by reason of any omission to inform the landlord of the notice or to deliver it to the landlord if in writing.
History: En. Sec. 2628, Civ. C. 1895; re-en. Sec. 5234, Rev. C. 1907; re-en. Sec. 7749, R.C.M. 1921; Cal. Civ. C. Sec. 1949; Based on Field Civ. C. Sec. 997; re-en. Sec. 7749, R.C.M. 1935; R.C.M. 1947, 42-209; amd. Sec. 2184, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 70. Property › Chapter 26. Landlord and Tenant Residential and Commercial › Part 1. Residential and Commercial › 70-26-105. Assignee of lessee -- remedies of lessor against

70-26-105. Assignee of lessee -- remedies of lessor against.
Whatever remedies the lessor of any real property has against the lessor's immediate lessee for the breach of any agreement in the lease or for recovery of the possession, the lessor has against the assignees of the lessee for any cause of action accruing while they are assignees, except when the assignment is made by way of security for a loan and is not accompanied by possession of the premises.
History: En. Sec. 1274, Civ. C. 1895; re-en. Sec. 4522, Rev. C. 1907; re-en. Sec. 6764, R.C.M. 1921; Cal. Civ. C. Sec. 822; Based on Field Civ. C. Sec. 261; re-en. Sec. 6764, R.C.M. 1935; R.C.M. 1947, 67-705; amd. Sec. 2185, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 70. Property › Chapter 26. Landlord and Tenant Residential and Commercial › Part 1. Residential and Commercial › 70-26-106. Rights of lessee and assignees against lessor and assignees

70-26-106. Rights of lessee and assignees against lessor and assignees.
Whatever remedies the lessee of any real property may have against the lessee's immediate lessor for the breach of any agreement in the lease, the lessee may have against the assigns of the lessor and the assigns of the lessee may have against the lessor and the lessor's assigns, except upon covenants against encumbrances or relating to the title or possession of the premises.
History: En. Sec. 1275, Civ. C. 1895; re-en. Sec. 4523, Rev. C. 1907; re-en. Sec. 6765, R.C.M. 1921; Cal. Civ. C. Sec. 823; re-en. Sec. 6765, R.C.M. 1935; R.C.M. 1947, 67-706; amd. Sec. 2186, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 70. Property › Chapter 26. Landlord and Tenant Residential and Commercial › Part 1. Residential and Commercial › 70-26-107. Remedy for rent on lease for life

70-26-107. Remedy for rent on lease for life.
Rent due upon a lease for life may be recovered in the same manner as upon a lease for years.
History: En. Sec. 1276, Civ. C. 1895; re-en. Sec. 4524, Rev. C. 1907; re-en. Sec. 6766, R.C.M. 1921; Cal. Civ. C. Sec. 824; Field Civ. C. Sec. 263; re-en. Sec. 6766, R.C.M. 1935; R.C.M. 1947, 67-707.
2023 Montana Code Annotated › Title 70. Property › Chapter 26. Landlord and Tenant Residential and Commercial › Part 1. Residential and Commercial › 70-26-108. Rent dependent on life -- recovery

70-26-108. Rent dependent on life -- recovery.
Rent dependent on the life of a person may be recovered after as well as before the person's death.
History: En. Sec. 1277, Civ. C. 1895; re-en. Sec. 4525, Rev. C. 1907; re-en. Sec. 6767, R.C.M. 1921; Cal. Civ. C. Sec. 825; Field Civ. C. Sec. 264; re-en. Sec. 6767, R.C.M. 1935; R.C.M. 1947, 67-708; amd. Sec. 2187, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 70. Property › Chapter 26. Landlord and Tenant Residential and Commercial › Part 1. Residential and Commercial › 70-26-109. Change of lease terms by notice

70-26-109. Change of lease terms by notice.
In all leases of lands or tenements or of any interest therein from month to month, the landlord may, upon giving notice in writing at least 15 days before the expiration of the month, change the terms of the lease to take effect at the expiration of the month. The notice, when served upon the tenant, shall of itself operate and be effectual to create and establish as a part of the lease the terms, rent, and conditions specified in the notice if the tenant shall continue to hold the premises after the expiration of the month.
History: En. Sec. 1279, Civ. C. 1895; re-en. Sec. 4527, Rev. C. 1907; re-en. Sec. 6769, R.C.M. 1921; Cal. Civ. C. Sec. 827; re-en. Sec. 6769, R.C.M. 1935; R.C.M. 1947, 67-710.
2023 Montana Code Annotated › Title 70. Property › Chapter 26. Landlord and Tenant Residential and Commercial › Part 1. Residential and Commercial › 70-26-110. Lease of city lot for over 75 years void

70-26-110. Lease of city lot for over 75 years void.
No lease or grant of any town or city lot for a period longer than 75 years, in which shall be reserved any rent or service of any kind, shall be valid.
History: En. Sec. 1153, Civ. C. 1895; re-en. Sec. 4466, Rev. C. 1907; re-en. Sec. 6708, R.C.M. 1921; Cal. Civ. C. Sec. 718; amd. Sec. 1, Ch. 147, L. 1929; re-en. Sec. 6708, R.C.M. 1935; R.C.M. 1947, 67-409.
2023 Montana Code Annotated › Title 70. Property › Chapter 26. Landlord and Tenant Residential and Commercial › Part 2. Commercial › 70-26-201. Term of lease when none specified

70-26-201. Term of lease when none specified.
A hiring of real property, other than lodgings and dwelling houses, in places where there is no usage on the subject, is presumed to be for 1 year from its commencement unless otherwise expressed in the hiring.
History: En. Sec. 2622, Civ. C. 1895; re-en. Sec. 5228, Rev. C. 1907; re-en. Sec. 7743, R.C.M. 1921; Cal. Civ. C. Sec. 1943; re-en. Sec. 7743, R.C.M. 1935; R.C.M. 1947, 42-203.
2023 Montana Code Annotated › Title 70. Property › Chapter 26. Landlord and Tenant Residential and Commercial › Part 2. Commercial › 70-26-202. Rent -- when payable

70-26-202. Rent -- when payable.
When there is no usage or contract to the contrary, rents for real property under an arrangement not governed by chapter 24 of this title are payable at the termination of the holding if it does not exceed 1 year. If the holding is by the day, week, month, quarter, or year, rent is payable at the termination of the respective periods, as it successively becomes due.
History: En. Sec. 2626, Civ. C. 1895; re-en. Sec. 5232, Rev. C. 1907; re-en. Sec. 7747, R.C.M. 1921; Cal. Civ. C. Sec. 1947; re-en. Sec. 7747, R.C.M. 1935; R.C.M. 1947, 42-207; amd. Sec. 15, Ch. 115, L. 1979.
2023 Montana Code Annotated › Title 70. Property › Chapter 26. Landlord and Tenant Residential and Commercial › Part 2. Commercial › 70-26-203. Failure of lessor to repair -- lessee's remedies

70-26-203. Failure of lessor to repair -- lessee's remedies.
(1) If within a reasonable time after notice to the lessor of dilapidations that the lessor ought to repair, the lessor neglects to do so and if the cost of the repairs does not require an expenditure greater than 1 month's rent of the premises, the lessee may perform the repairs and deduct the expenses of the repairs from the rent or the lessee may vacate the premises, in which case the lessee is discharged from further payment of rent or performance of other conditions.
(2) Subsection (1) does not apply to real property leased under an arrangement governed by Title 70, chapter 24.
History: En. Sec. 2621, Civ. C. 1895; re-en. Sec. 5227, Rev. C. 1907; re-en. Sec. 7742, R.C.M. 1921; Cal. Civ. C. Sec. 1942; Based on Field Civ. C. Sec. 991; re-en. Sec. 7742, R.C.M. 1935; R.C.M. 1947, 42-202; amd. Sec. 16, Ch. 115, L. 1979; amd. Sec. 2188, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 70. Property › Chapter 26. Landlord and Tenant Residential and Commercial › Part 2. Commercial › 70-26-204. Renewal of lease by lessee's continued possession

70-26-204. Renewal of lease by lessee's continued possession.
If a lessee of real property leased under an arrangement not governed by Title 70, chapter 24, remains in possession of the property after the expiration of the hiring and the lessor accepts rent from the lessee, the parties are presumed to have renewed the hiring on the same terms and for the same time, not exceeding 1 month when the rent is payable monthly, or in any case 1 year.
History: En. Sec. 2624, Civ. C. 1895; re-en. Sec. 5230, Rev. C. 1907; re-en. Sec. 7745, R.C.M. 1921; Cal. Civ. C. Sec. 1945; Based on Field Civ. C. Sec. 994; re-en. Sec. 7745, R.C.M. 1935; R.C.M. 1947, 42-205; amd. Sec. 17, Ch. 115, L. 1979; amd. Sec. 2189, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 70. Property › Chapter 26. Landlord and Tenant Residential and Commercial › Part 2. Commercial › 70-26-205. Notice required to terminate lease

70-26-205. Notice required to terminate lease.
(1) A hiring of real property for a term not specified by the parties is presumed to be renewed as stated in 70-26-204 at the end of the term implied by law unless one of the parties gives notice to the other of the intention to terminate the hiring at least as long before the expiration of the hiring as the term of the hiring itself, not exceeding 1 month.
(2) Subsection (1) does not apply to real property leased under an arrangement governed by Title 70, chapter 24.
History: En. Sec. 2625, Civ. C. 1895; re-en. Sec. 5231, Rev. C. 1907; re-en. Sec. 7746, R.C.M. 1921; Cal. Civ. C. Sec. 1946; Based on Field Civ. C. Sec. 995; re-en. Sec. 7746, R.C.M. 1935; R.C.M. 1947, 42-206; amd. Sec. 18, Ch. 115, L. 1979; amd. Sec. 2190, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 70. Property › Chapter 26. Landlord and Tenant Residential and Commercial › Part 2. Commercial › 70-26-206. Rights of tenant for years or at will

70-26-206. Rights of tenant for years or at will.
(1) A tenant for years or at will, unless the tenant is a wrongdoer by holding over, may occupy the buildings, take the annual products of the soil, and work mines and quarries open at the commencement of the tenancy and may cultivate and harvest the crops growing at the end of the tenancy.
(2) A tenant for years or at will has no other rights to the property than those given to the tenant by the agreement or instrument by which the tenancy is acquired or by subsection (1).
(3) Subsection (2) does not apply to arrangements governed by Title 70, chapter 24.
History: (1)En. Sec. 1271, Civ. C. 1895; re-en. Sec. 4519, Rev. C. 1907; re-en. Sec. 6761, R.C.M. 1921; Cal. Civ. C. Sec. 819; Based on Field Civ. C. Sec. 258; re-en. Sec. 6761, R.C.M. 1935; Sec. 67-702, R.C.M. 1947; (2)En. Sec. 1272, Civ. C. 1895; re-en. Sec. 4520, Rev. C. 1907; re-en. Sec. 6762, R.C.M. 1921; Cal. Civ. C. Sec. 820; Field Civ. C. Sec. 259; re-en. Sec. 6762, R.C.M. 1935; Sec. 67-703, R.C.M. 1947; R.C.M. 1947, 67-702, 67-703; (3)En. Sec. 19, Ch. 115, L. 1979; amd. Sec. 2191, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 70. Property › Chapter 26. Landlord and Tenant Residential and Commercial › Part 2. Commercial › 70-26-207. Repealed

70-26-207. Repealed.
Sec. 1, Ch. 11, L. 1985.
History: En. Sec. 1152, Civ. C. 1895; re-en. Sec. 4465, Rev. C. 1907; amd. Sec. 1, Ch. 172, L. 1919; re-en. Sec. 6707, R.C.M. 1921; Cal. Civ. C. Sec. 717; re-en. Sec. 6707, R.C.M. 1935; amd. Sec. 1, Ch. 151, L. 1941; R.C.M. 1947, 67-408.
2023 Montana Code Annotated › Title 70. Property › Chapter 27. Forcible Entry and Detainer Unlawful Detainer › Part 1. Definitions and Preliminary Procedure › 70-27-101. Application and jurisdiction

70-27-101. Application and jurisdiction.
(1) This chapter, except as it relates to forcible detainer as defined in 70-27-103(2) only and as it relates to forcible entry, does not apply to arrangements governed by chapter 24 of this title.
(2) The district court of the county in which the property or some part of it is situated shall have jurisdiction of proceedings under this chapter, provided that justices' courts, within their respective counties, shall have concurrent jurisdiction.
History: En. Sec. 2084, C. Civ. Proc. 1895; re-en. Sec. 7273, Rev. C. 1907; re-en. Sec. 9891, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1163; re-en. Sec. 9891, R.C.M. 1935; amd. Sec. 26, Ch. 491, L. 1973; R.C.M. 1947, 93-9705; amd. Sec. 3, Ch. 417, L. 1979.
2023 Montana Code Annotated › Title 70. Property › Chapter 27. Forcible Entry and Detainer Unlawful Detainer › Part 1. Definitions and Preliminary Procedure › 70-27-102. Forcible entry defined

70-27-102. Forcible entry defined.
Every person is guilty of a forcible entry who either:
(1) by breaking open doors, windows, or other parts of a house or by any kind of violence or circumstance of terror enters upon or into any real property or mining claim; or
(2) after entering peaceably upon real property or mining claim, turns out by force, threats, or menacing conduct the party in possession.
History: En. Sec. 2080, C. Civ. Proc. 1895; re-en. Sec. 7269, Rev. C. 1907; re-en. Sec. 9887, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1159; re-en. Sec. 9887, R.C.M. 1935; R.C.M. 1947, 93-9701.
2023 Montana Code Annotated › Title 70. Property › Chapter 27. Forcible Entry and Detainer Unlawful Detainer › Part 1. Definitions and Preliminary Procedure › 70-27-103. Forcible detainer defined

70-27-103. Forcible detainer defined.
Every person is guilty of a forcible detainer who either:
(1) by force or by menaces and threats of violence unlawfully holds and keeps the possession of any real property or mining claim, whether the same was acquired peaceably or otherwise; or
(2) in the nighttime or during the absence of the occupant of any lands or mining claim unlawfully enters upon real property and, after demand made for the surrender thereof, for the period of 5 days refuses to surrender the same to such former occupant. The occupant of real property or mining claim, within the meaning of this subsection, is one who, within 5 days preceding such unlawful entry, was in the peaceable and undisputed possession of such lands.
History: En. Sec. 2081, C. Civ. Proc. 1895; re-en. Sec. 7270, Rev. C. 1907; re-en. Sec. 9888, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1160; re-en. Sec. 9888, R.C.M. 1935; R.C.M. 1947, 93-9702.
2023 Montana Code Annotated › Title 70. Property › Chapter 27. Forcible Entry and Detainer Unlawful Detainer › Part 1. Definitions and Preliminary Procedure › 70-27-104. Tenancy at will -- termination by notice

70-27-104. Tenancy at will -- termination by notice.
A tenancy or other estate at will, however created, may be terminated by the landlord's giving notice in writing to the tenant, in the manner prescribed in this chapter, to remove from the premises within a period of not less than 1 month, to be specified in the notice; but none of the estates or tenancies embraced by the provisions of 70-15-202(4) is a tenancy or estate at will.
History: En. Sec. 1240, Civ. C. 1895; re-en. Sec. 4502, Rev. C. 1907; re-en. Sec. 6744, R.C.M. 1921; Cal. Civ. C. Sec. 789; Based on Field Civ. C. Sec. 240; amd. Sec. 1, Ch. 50, L. 1931; re-en. Sec. 6744, R.C.M. 1935; R.C.M. 1947, 67-523.
2023 Montana Code Annotated › Title 70. Property › Chapter 27. Forcible Entry and Detainer Unlawful Detainer › Part 1. Definitions and Preliminary Procedure › 70-27-105. Remedies of landlord after notice

70-27-105. Remedies of landlord after notice.
After such notice has been served and the period specified by such notice has expired, but not before, the landlord may reenter or proceed according to law to recover possession.
History: En. Sec. 1241, Civ. C. 1895; re-en. Sec. 4503, Rev. C. 1907; re-en. Sec. 6745, R.C.M. 1921; Cal. Civ. C. Sec. 790; Based on Field Civ. C. Sec. 242; re-en. Sec. 6745, R.C.M. 1935; R.C.M. 1947, 67-524.
2023 Montana Code Annotated › Title 70. Property › Chapter 27. Forcible Entry and Detainer Unlawful Detainer › Part 1. Definitions and Preliminary Procedure › 70-27-106. Reentry -- when and how to be made

70-27-106. Reentry -- when and how to be made.
Whenever the right of reentry is given to the grantor or lessor in any grant or lease or otherwise, such reentry may be made at any time after the right has accrued, upon 3 days' notice, as provided in this chapter.
History: En. Sec. 1242, Civ. C. 1895; re-en. Sec. 4504, Rev. C. 1907; re-en. Sec. 6746, R.C.M. 1921; Cal. Civ. C. Sec. 791; Based on Field Civ. C. Sec. 243; re-en. Sec. 6746, R.C.M. 1935; R.C.M. 1947, 67-525.
2023 Montana Code Annotated › Title 70. Property › Chapter 27. Forcible Entry and Detainer Unlawful Detainer › Part 1. Definitions and Preliminary Procedure › 70-27-107. Action for possession under right of reentry -- notice not required

70-27-107. Action for possession under right of reentry -- notice not required.
An action for the possession of real property leased or granted with a right of reentry may be maintained at any time in the district court, after the right to reenter has accrued, without the notice prescribed in 70-27-106.
History: En. Sec. 1244, Civ. C. 1895; re-en. Sec. 4506, Rev. C. 1907; re-en. Sec. 6748, R.C.M. 1921; Cal. Civ. C. Sec. 793; Field Civ. C. Sec. 244; re-en. Sec. 6748, R.C.M. 1935; R.C.M. 1947, 67-527.
2023 Montana Code Annotated › Title 70. Property › Chapter 27. Forcible Entry and Detainer Unlawful Detainer › Part 1. Definitions and Preliminary Procedure › 70-27-109. General rules of practice applicable

70-27-109. General rules of practice applicable.
Except as otherwise provided in this chapter, the provisions of Title 25 are applicable to and constitute the rules of practice mentioned in this chapter.
History: En. Sec. 2097, C. Civ. Proc. 1895; re-en. Sec. 7286, Rev. C. 1907; re-en. Sec. 9904, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1177; re-en. Sec. 9904, R.C.M. 1935; R.C.M. 1947, 93-9718; amd. Sec. 20, Ch. 115, L. 1979.
2023 Montana Code Annotated › Title 70. Property › Chapter 27. Forcible Entry and Detainer Unlawful Detainer › Part 1. Definitions and Preliminary Procedure › 70-27-110. Service of notice -- how made

70-27-110. Service of notice -- how made.
(1) The notices required by 70-27-108 may be served either:
(a) by delivering a copy to the tenant personally;
(b) if the tenant is absent from the tenant's place of residence and from the tenant's usual place of business, by leaving a copy with some person of suitable age and discretion at either place and sending a copy through the mail addressed to the tenant at the tenant's place of residence; or
(c) if the place of residence and business cannot be ascertained or a person of suitable age or discretion cannot be found there, then by affixing a copy in a conspicuous place on the property and also delivering a copy to a person residing there if a person can be found and also sending a copy through the mail addressed to the tenant at the place where the property is situated.
(2) Service upon a subtenant may be made in the same manner.
History: En. Sec. 2083, C. Civ. Proc. 1895; re-en. Sec. 7272, Rev. C. 1907; re-en. Sec. 9890, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1162; re-en. Sec. 9890, R.C.M. 1935; R.C.M. 1947, 93-9704; amd. Sec. 2193, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 70. Property › Chapter 27. Forcible Entry and Detainer Unlawful Detainer › Part 1. Definitions and Preliminary Procedure › 70-27-111. Parties defendant

70-27-111. Parties defendant.
(1) A person, other than the tenant of the premises and a subtenant, if there is one, occupying the premises when the complaint is filed need not be made a party defendant in the proceeding, and a proceeding may not abate or the plaintiff be nonsuited for the nonjoinder of any person who might have been made a party defendant. However, when it appears that any of the parties served with process or appearing in the proceeding is guilty of the offense charged, judgment must be rendered against that party.
(2) If a defendant has become a subtenant of the premises in controversy after the service of the notice provided for by 70-27-108(2) upon the tenant of the premises, the fact that the notice was not served on each subtenant does not constitute a defense to the action.
(3) If a married person is a tenant or subtenant, failure to join the person's spouse does not constitute a defense. However, if the spouse is not joined, an execution issued upon a personal judgment against the tenant or subtenant may be enforced only against property on the premises at the commencement of the action or against property that is owned solely by the tenant or subtenant and not by the tenant's or subtenant's spouse.
(4) All persons who enter the premises after the commencement of the action are bound by the judgment in the same manner as if they had been made party to the action.
History: En. Sec. 2085, C. Civ. Proc. 1895; re-en. Sec. 7274, Rev. C. 1907; re-en. Sec. 9892, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1164; re-en. Sec. 9892, R.C.M. 1935; amd. Sec. 58, Ch. 535, L. 1975; R.C.M. 1947, 93-9706; amd. Sec. 2194, Ch. 56, L. 2009; amd. Sec. 35, Ch. 19, L. 2011.
2023 Montana Code Annotated › Title 70. Property › Chapter 27. Forcible Entry and Detainer Unlawful Detainer › Part 1. Definitions and Preliminary Procedure › 70-27-112. Applicability of general provisions on parties

70-27-112. Applicability of general provisions on parties.
Except as provided in 70-27-111, the provisions of Title 25 relating to parties to civil actions are applicable to this proceeding.
History: En. Sec. 2086, C. Civ. Proc. 1895; re-en. Sec. 7275, Rev. C. 1907; re-en. Sec. 9893, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1165; re-en. Sec. 9893, R.C.M. 1935; R.C.M. 1947, 93-9707.
2023 Montana Code Annotated › Title 70. Property › Chapter 27. Forcible Entry and Detainer Unlawful Detainer › Part 1. Definitions and Preliminary Procedure › 70-27-113. Complaint and summons

70-27-113. Complaint and summons.
(1) The plaintiff's complaint, which must be in writing, must set forth the facts on which the plaintiff seeks to recover and describe the premises with reasonable certainty. The complaint may set forth any circumstances of fraud, force, or violence that may have accompanied the alleged forcible entry or forcible or unlawful detainer and claim damages. If the unlawful detainer is charged after default in the payment of rent, the complaint must state the amount of rent.
(2) Upon filing the complaint, a summons must be issued on the complaint as in other cases.
History: En. Sec. 2087, C. Civ. Proc. 1895; re-en. Sec. 7276, Rev. C. 1907; re-en. Sec. 9894, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1166; re-en. Sec. 9894, R.C.M. 1935; R.C.M. 1947, 93-9708(part); amd. Sec. 1, Ch. 231, L. 1999.
2023 Montana Code Annotated › Title 70. Property › Chapter 27. Forcible Entry and Detainer Unlawful Detainer › Part 1. Definitions and Preliminary Procedure › 70-27-114. Summons -- contents -- service

70-27-114. Summons -- contents -- service.
(1) The summons must:
(a) state the parties to the proceeding, the court in which the proceeding is brought, the nature of the action in concise terms, and the relief sought; and
(b) notify the defendant to appear and answer within 10 days of service and that the relief sought will be taken against the defendant if the defendant does not appear.
(2) The summons must be directed to the defendant and must be served and returned in the same manner as a summons in civil actions is served and returned.
(3) The summons must be served personally upon the defendant if the defendant can be found with due diligence within the state, or if the defendant cannot be found with due diligence within the state, the summons must be served in the same manner as notices are required to be served in 70-27-110.
(4) Upon the return of a summons issued under this chapter that was not served or not served in time, the plaintiff may have a new summons issued, as if no previous summons had been issued.
History: En. Secs. 2087, 2088, C. Civ. Proc. 1895; re-en. Secs. 7276, 7277, Rev. C. 1907; re-en. Secs. 9894, 9895, R.C.M. 1921; Cal. C. Civ. Proc. Secs. 1166, 1167; re-en. Secs. 9894, 9895, R.C.M. 1935; R.C.M. 1947, 93-9708(part), 93-9709; amd. Sec. 1, Ch. 303, L. 1979; amd. Sec. 2, Ch. 231, L. 1999.
2023 Montana Code Annotated › Title 70. Property › Chapter 27. Forcible Entry and Detainer Unlawful Detainer › Part 1. Definitions and Preliminary Procedure › 70-27-115. Repealed

70-27-115. Repealed.
Sec. 4, Ch. 231, L. 1999.
History: En. Sec. 2090, C. Civ. Proc. 1895; re-en. Sec. 7279, Rev. C. 1907; re-en. Sec. 9897, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1170; re-en. Sec. 9897, R.C.M. 1935; R.C.M. 1947, 93-9711; amd. Sec. 21, Ch. 115, L. 1979; amd. Sec. 1, Ch. 138, L. 1993.
2023 Montana Code Annotated › Title 70. Property › Chapter 27. Forcible Entry and Detainer Unlawful Detainer › Part 1. Definitions and Preliminary Procedure › 70-27-116. Verification of complaint and answer

70-27-116. Verification of complaint and answer.
The complaint and answer must be verified. If new matter be set up in the answer, it is deemed denied.
History: En. Sec. 2095, C. Civ. Proc. 1895; re-en. Sec. 7284, Rev. C. 1907; re-en. Sec. 9902, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1175; re-en. Sec. 9902, R.C.M. 1935; R.C.M. 1947, 93-9716.
2023 Montana Code Annotated › Title 70. Property › Chapter 27. Forcible Entry and Detainer Unlawful Detainer › Part 1. Definitions and Preliminary Procedure › 70-27-117. Judgment by default

70-27-117. Judgment by default.
If the defendant does not appear and defend within 10 days of service, the court shall enter the defendant's default and enter judgment in favor of the plaintiff as requested in the complaint.
History: En. Sec. 2089, C. Civ. Proc. 1895; re-en. Sec. 7278, Rev. C. 1907; re-en. Sec. 9896, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1169; re-en. Sec. 9896, R.C.M. 1935; R.C.M. 1947, 93-9710; amd. Sec. 3, Ch. 231, L. 1999.
2023 Montana Code Annotated › Title 70. Property › Chapter 27. Forcible Entry and Detainer Unlawful Detainer › Part 2. Trial, Judgment, and Appeal › 70-27-201. Trial by jury

70-27-201. Trial by jury.
Whenever an issue of fact is presented by the pleadings, it must be tried by a jury unless such jury be waived as in other cases. The jury shall be formed in the same manner as other trial juries in the court in which the action is pending.
History: En. Sec. 2091, C. Civ. Proc. 1895; re-en. Sec. 7280, Rev. C. 1907; re-en. Sec. 9898, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1171; re-en. Sec. 9898, R.C.M. 1935; R.C.M. 1947, 93-9712.
2023 Montana Code Annotated › Title 70. Property › Chapter 27. Forcible Entry and Detainer Unlawful Detainer › Part 2. Trial, Judgment, and Appeal › 70-27-202. Actions in justice's court to be tried within 10 days

70-27-202. Actions in justice's court to be tried within 10 days.
(1) Actions filed in justice's court under this chapter shall be tried within 10 days after the appearance or answer date stated in the summons unless the defendant applying for a continuance shall give an undertaking to the adverse party with good and sufficient security to be approved by the court, conditioned for the payment of all damages and rent that may accrue if judgment be rendered against the defendant.
(2) The plaintiff and defendant may stipulate to a continuance of the trial beyond the limit of this section without the necessity of an undertaking.
History: En. 93-9712.1 by Sec. 1, Ch. 166, L. 1977; R.C.M. 1947, 93-9712.1.
2023 Montana Code Annotated › Title 70. Property › Chapter 27. Forcible Entry and Detainer Unlawful Detainer › Part 2. Trial, Judgment, and Appeal › 70-27-203. Showings required on trial

70-27-203. Showings required on trial.
On the trial of any proceeding for any forcible entry or forcible detainer, the plaintiff is only required to show, in addition to the forcible entry or forcible detainer complained of, that the plaintiff was peaceably in the actual possession at the time of the forcible entry or was entitled to the possession at the time of the forcible detainer. The defendant may show in defense that the defendant or the defendant's ancestors or those whose interest in the premises the defendant claims have been in the quiet possession of the premises for the space of 1 whole year before the commencement of the proceedings and that the defendant's interest in the premises is not then ended or determined, and the showing is a bar to the proceedings.
History: En. Sec. 654, p. 173, Bannack Stat.; re-en. Sec. 643, p. 164, Cod. Stat. 1871; re-en. Sec. 703, 1st Div. Rev. Stat. 1879; re-en. Sec. 723, 1st Div. Comp. Stat. 1887; amd. Sec. 2092, C. Civ. Proc. 1895; re-en. Sec. 7281, Rev. C. 1907; re-en. Sec. 9899, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1172; re-en. Sec. 9899, R.C.M. 1935; R.C.M. 1947, 93-9713; amd. Sec. 2195, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 70. Property › Chapter 27. Forcible Entry and Detainer Unlawful Detainer › Part 2. Trial, Judgment, and Appeal › 70-27-204. Amendment of complaint after trial begins

70-27-204. Amendment of complaint after trial begins.
(1) When, upon the trial of any proceeding under this chapter, it appears from the evidence that the defendant has been guilty of either forcible entry or forcible or unlawful detainer and other than the offense charged in the complaint, the judge must order that such complaint be forthwith amended to conform with such proof. Such amendment must be made without any imposition of terms.
(2) No continuance shall be permitted on account of such amendment unless the defendant by affidavit filed shows to the satisfaction of the court good cause therefor.
History: En. Sec. 2093, C. Civ. Proc. 1895; re-en. Sec. 7282, Rev. C. 1907; re-en. Sec. 9900, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1173; re-en. Sec. 9900, R.C.M. 1935; R.C.M. 1947, 93-9714.
2023 Montana Code Annotated › Title 70. Property › Chapter 27. Forcible Entry and Detainer Unlawful Detainer › Part 2. Trial, Judgment, and Appeal › 70-27-205. Verdict, judgment, and execution

70-27-205. Verdict, judgment, and execution.
(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.
History: En. Sec. 2094, C. Civ. Proc. 1895; re-en. Sec. 7283, Rev. C. 1907; re-en. Sec. 9901, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1174; re-en. Sec. 9901, R.C.M. 1935; R.C.M. 1947, 93-9715; amd. Sec. 2196, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 70. Property › Chapter 27. Forcible Entry and Detainer Unlawful Detainer › Part 2. Trial, Judgment, and Appeal › 70-27-206. Treble damages

70-27-206. Treble damages.
If a person recovers damages for a forcible or unlawful entry in or upon or detention of any building or cultivated real property, judgment may be entered for three times the amount at which the actual damages are assessed.
History: En. Sec. 232, p. 91, Bannack Stat.; re-en. Sec. 253, p. 187, L. 1867; re-en. Sec. 302, p. 93, Cod. Stat. 1871; re-en. Sec. 353, L. 1877; re-en. Sec. 353, 1st Div. Rev. Stat. 1879; re-en. Sec. 365, 1st Div. Comp. Stat. 1887; re-en. Sec. 1304, C. Civ. Proc. 1895; re-en. Sec. 6869, Rev. C. 1907; re-en. Sec. 9478, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 735; re-en. Sec. 9478, R.C.M. 1935; R.C.M. 1947, 93-6105.
2023 Montana Code Annotated › Title 70. Property › Chapter 27. Forcible Entry and Detainer Unlawful Detainer › Part 2. Trial, Judgment, and Appeal › 70-27-207. Holdover or collusion after notice -- treble rent

70-27-207. Holdover or collusion after notice -- treble rent.
If any tenant or any person in collusion with the tenant holds over any lands or tenements after demand made and 1 month's notice given in writing requiring the possession of the land or tenement, the person holding over shall pay to the landlord treble rent during the time the person continues in possession after the notice.
History: En. Sec. 4351, Civ. C. 1895; re-en. Sec. 6077, Rev. C. 1907; re-en. Sec. 8695, R.C.M. 1921; Cal. Civ. C. Sec. 3345; re-en. Sec. 8695, R.C.M. 1935; R.C.M. 1947; 17-502; amd. Sec. 2197, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 70. Property › Chapter 27. Forcible Entry and Detainer Unlawful Detainer › Part 2. Trial, Judgment, and Appeal › 70-27-208. Holdover after tenant's notice to quit -- treble rent

70-27-208. Holdover after tenant's notice to quit -- treble rent.
If any tenant gives notice of the intention to quit the premises and does not deliver up the possession at the time specified in the notice, the tenant shall pay to the landlord treble rent during the time the tenant continues in possession after the notice.
History: En. Sec. 4350, Civ. C. 1895; re-en. Sec. 6076, Rev. C. 1907; re-en. Sec. 8694, R.C.M. 1921; Cal. Civ. C. Sec. 3344; re-en. Sec. 8694, R.C.M. 1935; R.C.M. 1947, 17-501; amd. Sec. 2198, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 70. Property › Chapter 27. Forcible Entry and Detainer Unlawful Detainer › Part 2. Trial, Judgment, and Appeal › 70-27-209. Treble rent exclusive of interest

70-27-209. Treble rent exclusive of interest.
The damages prescribed by 70-27-207 and 70-27-208 are exclusive of exemplary damages and interest.
History: En. Sec. 4364, Civ. C. 1895; re-en. Sec. 6085, Rev. C. 1907; re-en. Sec. 8703, R.C.M. 1921; Cal. Civ. C. Sec. 3357; Field Civ. C. Sec. 1876; re-en. Sec. 8703, R.C.M. 1935; R.C.M. 1947, 17-605(part).
2023 Montana Code Annotated › Title 70. Property › Chapter 27. Forcible Entry and Detainer Unlawful Detainer › Part 2. Trial, Judgment, and Appeal › 70-27-210. Relief against forfeiture of lease in case of hardship

70-27-210. Relief against forfeiture of lease in case of hardship.
(1) The court may relieve a tenant against a forfeiture of a lease and restore the tenant to the tenant's former estate in the case of hardship when application for relief is made within 30 days after the forfeiture is declared by the judgment of the court, as provided in 70-27-205.
(2) The application may be made by a tenant or subtenant or mortgagee of the term or any person interested in the continuance of the term. It must be made upon petition, setting forth the facts upon which relief is sought, and must be verified by the applicant.
(3) Notice of the application with a copy of the petition must be served on the plaintiff in the judgment, who may appear and contest the application.
(4) The application may not be granted except on condition that full payment of rent due or full performance of conditions or covenants stipulated, as far as is practicable, is made.
History: En. Sec. 2099, C. Civ. Proc. 1895; re-en. Sec. 7288, Rev. C. 1907; re-en. Sec. 9906, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1179; re-en. Sec. 9906, R.C.M. 1935; R.C.M. 1947, 93-9720; amd. Sec. 2199, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 70. Property › Chapter 27. Forcible Entry and Detainer Unlawful Detainer › Part 2. Trial, Judgment, and Appeal › 70-27-211. Appeal

70-27-211. Appeal.
An appeal may be taken by the plaintiff or defendant as in other cases.
History: En. Sec. 2096, C. Civ. Proc. 1895; re-en. Sec. 7285, Rev. C. 1907; re-en. Sec. 9903, R.C.M. 1921; re-en. Sec. 9903, R.C.M. 1935; R.C.M. 1947, 93-9717.
2023 Montana Code Annotated › Title 70. Property › Chapter 27. Forcible Entry and Detainer Unlawful Detainer › Part 2. Trial, Judgment, and Appeal › 70-27-212. General provisions on new trials and appeals applicable

70-27-212. General provisions on new trials and appeals applicable.
The provisions of Title 25 relative to new trials and appeals, except insofar as they are inconsistent with the provisions of this chapter, apply to the proceedings mentioned in this chapter.
History: En. Sec. 2098, C. Civ. Proc. 1895; re-en. Sec. 7287, Rev. C. 1907; re-en. Sec. 9905, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1178; re-en. Sec. 9905, R.C.M. 1935; R.C.M. 1947, 93-9719.
2023 Montana Code Annotated › Title 70. Property › Chapter 28. Quieting Title to Real Property › Part 1. Quieting Title Generally › 70-28-101. Quiet title action authorized

70-28-101. Quiet title action authorized.
An action may be brought and prosecuted to final decree, judgment, or order by any person or persons, whether in actual possession or not, claiming title to real estate against any person or persons, both known and unknown, who claim or may claim any right, title, estate, or interest therein or lien or encumbrance thereon adverse to plaintiff's ownership or any cloud upon plaintiff's title thereto, whether such claim or possible claim be present or contingent, including any claim or possible claim of dower, inchoate or accrued, for the purpose of determining such claim or possible claim and quieting the title to said real estate.
History: En. Sec. 233, p. 92, Bannack Stat.; re-en. Sec. 254, p. 188, L. 1867; re-en. Sec. 303, p. 94, Cod. Stat. 1871; re-en. Sec. 354, p. 138, L. 1877; re-en. Sec. 354, 1st Div. Rev. Stat. 1879; re-en. Sec. 366, 1st Div. Comp. Stat. 1887; amd. Sec. 1310, C. Civ. Proc. 1895; re-en. Sec. 6870, Rev. C. 1907; amd. Sec. 1, Ch. 113, L. 1915; re-en. Sec. 9479, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 738; amd. Sec. 1, Ch. 70, L. 1931; re-en. Sec. 9479, R.C.M. 1935; R.C.M. 1947, 93-6203(part).