The Governor’s Prohibition on Evictions and Utility Terminations

Eight things tenants need to know, from ASUM Legal Services Director Lou Villemez

A photo from the 1910s of evicted tenants on the street with their furniture. Photo via Wikimedia Commons.

On March 31, 2020, Governor Bullock issued a Directive limiting evictions and utility terminations in Montana until April 24 (extended from April 10). The full text of the Directive can be found here.

1. The Directive only lasts until April 10, 2020, but it may be extended.

2. The Directive prohibits evictions for: 1) non-payment of rent or other financial obligations (such as payment of fees or utilities), or 2) for staying after the end of a lease. The Directive does not prohibit evictions for any other reason, and tenants may still be evicted for lease violations other than failure to pay or staying after the end of the lease.

3. The Directive does not mean tenants are not required to pay rent. Tenants are still required by their lease and by State law to pay rent. The Directive only temporarily suspends a landlord’s ability to evict tenants for not paying rent. Tenants should give notice and work with their landlords if they are not able to pay rent on time. See the blog post on working with your landlord.

Difficulty paying rent? Here’s what to do.

4. The Directive does not apply if a tenant no longer occupies the property as their home. A tenant may still be evicted if they are not in possession of the property.

5. The Directive only covers tenants and their authorized guests, and does not apply to people who are illegally occupying the property.

6. Utilities may not be terminated. This covers electricity, gas, sewer, water, telephone and internet services.

7. The Directive only applies to residential property, and not to property used for a commercial business.

8. The Directive also provides limits on foreclosures for property owners.