70-27-205. Verdict, judgment, and execution. - Montana Statutes

     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.