When the Landlord Retaliates
MCA 70-24-431 — no rent increase, cut in services or eviction for a complaint, presumed retaliation within 6 months
- The tenant complained to a code enforcement agency of a violation materially affecting health and safety.
- The tenant complained to the landlord in writing that the landlord's duties were not met.
- The tenant organized or joined a tenants' union.
Who handles this in Montana: MontanaLawHelp.org, apply for legal services and Montana Legal Services Association; and legal aid programs, lawyer referral and the state offices, listed in the Montana directory.
After any of those, a landlord may not retaliate by raising rent, cutting services, or bringing or threatening an eviction. A tenant retaliated against has the lockout remedies, up to 3 months' rent or treble damages, and a defense to the eviction.
Within 6 months. A complaint within 6 months before the landlord's act creates a rebuttable presumption that it was retaliation, unless the complaint came after notice of the rent increase or cut in services.
Sources for this section (2)
- MCA 70-24-431 — Retaliatory conduct by landlord prohibited
- MCA 70-24-411 — Unlawful ouster, exclusion, or diminution of service -- tenant's remedies
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Montana attorney.