Crestview Apartments v. Forrest

── Crestview Apartments v. Forrest ── Court: Montana Supreme Court Date: May 12, 2026 Category: Direct Appeal 05/12/2026 DA 25-0495 Case Number: DA 25-0495 IN THE SUPREME COURT OF THE STATE OF MONTANA 2026 MT 104N MONTANA CRESTVIEW APARTMENTS, Plaintiff and Appellee, v. SHARON HATHAWAY FORREST, PH.D., Defendant and Appellant. APPEAL FROM: District Court of the Eighteenth Judicial District, In and For the County of Gallatin, Cause No. DV-25-90 Honorable Rienne H. McElyea, Presiding Judge COUNSEL OF RECORD: For Appellant: Sharon Hathaway Forrest, Ph.D., Self-Represented, Bozeman, Montana For Appellee: Thomas C. Orr, Orr McDonnell Law, PLLC, Missoula, Montana Submitted on Briefs: April 8, 2026 Decided: May 12, 2026 Filed: __________________________________________ Clerk Justice Katherine M. Bidegaray delivered the Opinion of the Court. ¶1 Pursuant to Section I, Paragraph 3(c), Montana Supreme Court Internal Operating Rules, this case is decided by memorandum opinion and shall not be cited and does not serve as precedent. Its case title, cause number, and disposition shall be included in this Court’s quarterly list of noncitable cases published in the Pacific Reporter and Montana Reports. ¶2 Sharon Hathaway Forrest (Forrest) appeals from the June 11, 2025 Order of the Eighteenth Judicial District Court, Gallatin County, dismissing her appeal from the Gallatin County Justice Court’s December 13, 2024 Damages Judgment in favor of Montana Crestview Apartments (Crestview). We affirm. ¶3 On June 30, 2023, Forrest entered into a fixed-term residential lease agreement with Crestview for an apartment located in Bozeman, Montana. The lease required Forrest to pay monthly rent and related monthly charges totaling $2,430.00 to Crestview on the first of each month. ¶4 Forrest paid rent through April 2024 but failed to pay rent in May 2024. On May 2, 2024, Crestview served Forrest with a three-day notice to pay or vacate the premises pursuant to § 70-24-422(2), MCA. When Forrest failed to pay or vacate the apartment within the notice period, Crestview filed a Complaint for Possession in Gallatin County Justice Court on May 16, 2024. ¶5 On June 3, 2024, Forrest filed an Answer admitting the existence of the lease, nonpayment of rent for May and June 2024, receipt of the three-day notice, and that she vacated the premises on May 30, 2024. Forrest asserted, however, that the three-day notice 2 was legally deficient under the federal Coronavirus Aid, Relief, and Economic Security Act (CARES Act), 15 U.S.C. § 9058, which she contended required a 30-day notice for a “covered dwelling.” Forrest also alleged that the apartment complex was subject to a federally-backed Fannie Mae multifamily loan and sought information regarding federally-backed loans through interrogatories. ¶6 Because Forrest vacated the premises, Crestview moved to vacate the possession hearing, which the Justice Court granted. Crestview then requested a damages hearing, which was scheduled for December 5, 2024. Forrest was notified that failure to appear could result in judgment against her. ¶7 At the December 5, 2024 damages hearing, Crestview appeared, called witnesses, and submitted exhibits supporting its claims for unpaid rent, necessary repairs and cleaning, and attorney fees and costs. Forrest did not appear. On the day of the hearing, Forrest filed a notice stating that she lacked the financial ability to appear physically and asking