Montana Squatters Rights: Adverse Possession and How Removal Actually Works
How long adverse possession takes in Montana, whether there is a fast-track removal law, and what you legally can and cannot do about an unauthorized occupant. Last reviewed August 2026.
The question that decides everything: is the occupant a squatter or a tenant? Anyone who ever had permission to be there — a former tenant, someone who paid you rent even once, an ex-partner of your tenant on the lease — is generally a tenant in the law's eyes and must go through the eviction process. Montana's squatter rules below apply to true trespassers only.
How long does adverse possession take in Montana?
Montana has one of the shortest adverse possession periods in the country on paper -- 5 continuous years -- but Mont. Code Ann. 70-19-411 makes it unreachable for almost every squatter: the claimant and their predecessors must have paid all state, county, and municipal taxes legally levied on the land for the entire 5-year period. Possession must be actual, open, exclusive, hostile, and continuous, and the law presumes possession rests with the legal titleholder under 70-19-401. In practice Montana adverse possession cases are boundary and deed disputes between neighbors, not squatter takeovers.
How to remove a squatter in Montana
Since October 1, 2025, Montana has a true expedited path: SB 101 (Ch. 179, Laws of 2025) created the misdemeanor of unlawful squatting at Mont. Code Ann. 45-6-206 -- knowingly entering and residing on premises without the consent of the owner, rightful occupant, or an authorized representative. The owner reports the occupation to law enforcement, and officers may immediately remove a person who commits the offense, with statutory liability protection for officers acting in good faith. A convicted squatter must pay restitution equal to fair market rent for the duration of the occupancy, and presenting a false or forged lease is prosecutable as forgery. If the occupant produces any plausible evidence of tenancy, the dispute reverts to a civil possession action in district court.
Squatter or tenant? Why it matters
Anyone who entered with the owner's consent -- a lease, an oral rental agreement, accepted rent payments, or a holdover after a tenancy ends -- is a tenant under Montana's Residential Landlord and Tenant Act (Title 70, ch. 24) and can only be removed through the court eviction process with notice and a writ of possession. The 45-6-206 offense requires entry and residence without consent, so it can never be used against a tenant, a former tenant, or a roommate the owner once allowed in.
What you absolutely cannot do
If the occupant turns out to be a tenant, Mont. Code Ann. 70-24-411 awards the greater of three months' rent or treble damages for an unlawful lockout or shutoff of heat, water, electricity, or other essential services -- and only the sheriff executing a writ of possession may physically remove a tenant. Guessing wrong about someone's status is expensive, so owners should route removals through law enforcement under 45-6-206 or through the courts rather than changing locks themselves.
Recent changes to the law
SB 101, signed by Governor Gianforte in April 2025 and effective October 1, 2025 (Ch. 179, Laws of 2025), created the criminal offense of unlawful squatting at Mont. Code Ann. 45-6-206, authorized immediate removal by law enforcement, mandated restitution equal to fair market rent, and made presenting forged rental documents punishable as forgery. Montana's adverse possession rules were not changed. Because the legislature meets only in odd-numbered years, the next possible revision is the 2027 session.
What Montana property owners get wrong
Owners see Montana's 5-year adverse possession headline and panic; the tax-payment requirement of 70-19-411 means a squatter who never received a tax bill has no realistic claim. The bigger operational mistake is self-help: before invoking the new 45-6-206 removal, confirm the occupant never had permission, because a mistaken lockout of a tenant triggers treble-damage liability under 70-24-411. Keep proof of ownership handy -- officers will ask for it before removing anyone.
The law itself
Frequently asked questions
How long does a squatter have to stay in Montana to claim ownership?
Five continuous years -- but only if the squatter also paid every state, county, and municipal tax legally levied on the property for those five years (Mont. Code Ann. 70-19-411) and occupied it openly, exclusively, and hostilely. Because tax bills go to the record owner, a genuine squatter almost never qualifies; Montana adverse possession claims are nearly always neighbor boundary disputes.
How do I remove a squatter in Montana?
Call law enforcement and report unlawful squatting under Mont. Code Ann. 45-6-206, effective October 1, 2025. Bring proof of ownership; officers may immediately remove anyone who knowingly entered and resides there without consent, and a convicted squatter owes restitution equal to fair market rent. If the occupant shows any evidence of a tenancy, you must instead file an eviction in court and let the sheriff execute the writ.
Is squatting a crime in Montana?
Yes. Since October 1, 2025, unlawful squatting is a misdemeanor under Mont. Code Ann. 45-6-206 (SB 101, Ch. 179, Laws of 2025). The law also lets courts order restitution equal to fair market rent for the entire occupancy and treats a fake or forged lease as forgery.
Can I change the locks on a Montana squatter myself?
It is risky. If the occupant is later found to be a tenant -- even under an oral agreement -- Mont. Code Ann. 70-24-411 awards the greater of three months' rent or treble damages for a lockout or utility shutoff. The safe sequence is: verify no tenancy ever existed, then have law enforcement remove the person under 45-6-206 or get a court order.
Keep reading
Vacant units attract squatters. Documented ones repel them.
Vantric tracks your leases, tenants, and payment history in one place, so proof of who belongs in your property is always one click away — built for landlords with 1–10 units.
Start Free TrialThis page is general information, not legal advice. Squatter, trespass, and adverse possession law turns on specific facts — verify against the official statute text linked above, and talk to a local attorney or law enforcement before acting.