Housing (Tenant Rights)

This bill revises Montana's landlord and tenant laws to clarify protections for invitees who have not established a formal rental relationship, allowing owners to request law enforcement remove unauthorized occupants. It establishes specific timelines for eviction hearings, requiring courts to hear possession cases within 10 business days for most violations or 5 days for certain noncompliance issues. The legislation also sets a 45-day limit for resolving damage claims and mandates that eviction writs be executed by the sheriff within 5 business days after a landlord wins a possession case. Additionally, it defines what counts as valid authorization to occupy property, including written rental agreements or verified verbal permission from landlords or tenants.

This bill establishes the Private Property Protection Act to strengthen private property rights by limiting government restrictions on property use. It requires that any law or regulation restricting private property must be necessary and narrowly tailored to serve a compelling interest in public health or safety. Property owners can sue in court to challenge restrictions that violate these requirements, and if they win, the court will stop enforcement and award attorney fees. The law applies to all state and local government actions but excludes nuisance abatement, permit enforcement, and court-ordered actions.

SB 149 revises laws regarding emotional support animals (ESAs) in housing, affecting tenants with disabilities and landlords. The bill allows landlords to request specific documentation from a licensed health care practitioner if a tenant's need for an ESA is not readily apparent. This documentation must come from a practitioner with an established client-provider relationship who has conducted a clinical evaluation and identified the specific therapeutic support the animal provides. The bill also clarifies that ESA registration cards alone are not sufficient proof and holds tenants liable for damages caused by their emotional support animals.