Montana Senate passes SB 101 targeting fraudulent property sales and unauthorized occupants

Montana's Senate Bill 101, introduced on April 17, 2025, aims to combat fraudulent property transactions and enhance the authority of property owners in managing unauthorized occupants. The bill establishes clear penalties for individuals who attempt to sell or lease residential or commercial properties without legal title or authority, classifying such actions as a criminal offense. Offenders face fines of at least $1,000 or a minimum six-month jail term, or both.

A significant aspect of the bill is its amendment to existing laws regarding the removal of unauthorized persons or trespassers from properties. Under the new provisions, law enforcement can swiftly remove individuals who cannot provide valid authorization to occupy a premises. This includes stipulations that verbal authorizations must be verified by the rightful property owner or authorized agent, ensuring that property rights are upheld.

The bill has sparked discussions among lawmakers and stakeholders, particularly regarding the balance between property rights and tenant protections. Proponents argue that it provides essential tools for property owners to reclaim their spaces from unauthorized occupants, thereby reducing instances of fraud and ensuring the integrity of property transactions. Critics, however, express concerns that the bill may lead to potential abuses, where legitimate tenants could be wrongfully evicted under the guise of enforcing property rights.

The implications of Senate Bill 101 extend beyond legal frameworks; it addresses pressing social issues related to housing security and property management in Montana. By clarifying the legal processes for dealing with unauthorized occupants, the bill seeks to foster a more secure environment for property owners while also raising awareness about the importance of legitimate rental agreements.

As the legislative session progresses, the bill's fate remains uncertain, with ongoing debates likely to shape its final form. If passed, Senate Bill 101 could significantly impact property management practices across Montana, reinforcing the need for clear communication and documentation in rental agreements to protect both landlords and tenants.