Montana Lockouts, Utility Shutoffs & Retaliation
Montana rules on lockouts, utility shutoffs & retaliation for renters and landlords, with the statute or official page behind each answer. Last verified: 2026-10-22.
Short answer: Self-help eviction is banned. Except after abandonment or surrender, or as the Act permits, a landlord may not recover or take possession of the unit by action or otherwise. Mont. Code Ann. §§ 70-24-428, 70-24-411
The rules in Montana
| Lockouts and illegal eviction | Self-help eviction is banned. Except after abandonment or surrender, or as the Act permits, a landlord may not recover or take possession of the unit by action or otherwise. If a landlord unlawfully removes or shuts out the tenant, the tenant may recover possession or end the rental agreement and recover up to 3 months' periodic rent or treble damages, whichever is greater; if the agreement ends, the landlord must return all recoverable security and prepaid rent. The landlord's lawful route is an action for possession in court (§ 70-24-427). Belongings left after termination are handled under § 70-24-430. |
|---|---|
| Landlord shutting off utilities | No. A landlord may not take possession by purposefully cutting off heat, running water, hot water, electricity, gas, or other essential services. If a landlord purposefully interrupts those services, the tenant may recover possession or end the rental agreement and, either way, recover up to 3 months' periodic rent or treble damages, whichever is greater. If the agreement ends, the landlord must return all recoverable security and prepaid rent. For a purposeful or negligent failure to supply essential services contrary to the lease or the landlord's duties, the tenant may, after written notice and a reasonable chance for the landlord to fix it, buy the services and deduct the cost from rent, recover damages for reduced rental value, or get substitute housing and owe no rent during the outage (§ 70-24-408). These rights do not arise if the tenant or the tenant's household or guests caused the problem. |
| Landlord retaliation | Landlord may not raise rent, reduce services, or bring or threaten a possession action after the tenant complained to a government code-enforcement agency, made a written complaint to the landlord about § 70-24-303 duties, or organized/joined a tenants' union. A complaint within 6 months before the act creates a rebuttable presumption of retaliation. No presumption if the complaint came after notice of a proposed rent increase or service reduction. Landlord may still evict if the violation was tenant-caused, the tenant is behind on rent, or compliance requires demolition/major remodeling. Remedies are those in § 70-24-411 (up to 3 months' rent or treble damages); retaliation is also a defense to eviction. Source: Mont. Code Ann. § 70-24-431 |
Related questions
Montana vs. neighboring states
| State | Lockouts and illegal eviction | Landlord shutting off utilities | Landlord retaliation |
|---|---|---|---|
| Montana | Self-help eviction is banned. Except after abandonment or surrender, or as the Act permits, a landlord may not recover or take possession of the unit by action or otherwise. If a landlord unlawfully removes or shuts out the tenant, the tenant may recover possession or end the rental agreement and recover up to 3 months' periodic rent or treble damages, whichever is greater; if the agreement ends, the landlord must return all recoverable security and prepaid rent. Mont. Code Ann. §§ 70-24-428, 70-24-411 | No. A landlord may not take possession by purposefully cutting off heat, running water, hot water, electricity, gas, or other essential services. If a landlord purposefully interrupts those services, the tenant may recover possession or end the rental agreement and, either way, recover up to 3 months' periodic rent or treble damages, whichever is greater. If the agreement ends, the landlord must return all recoverable security and prepaid rent. Mont. Code Ann. §§ 70-24-428, 70-24-411, 70-24-408 | Landlord may not raise rent, reduce services, or bring or threaten a possession action after the tenant complained to a government code-enforcement agency, made a written complaint to the landlord about § 70-24-303 duties, or organized/joined a tenants' union. A complaint within 6 months before the act creates a rebuttable presumption of retaliation. Mont. Code Ann. § 70-24-431 |
| Idaho | Self-help eviction is unlawful in Idaho. The Attorney General's manual says a landlord may not shut off utilities, change the locks, take the tenant's belongings or do anything other than file a lawful eviction case. Turning a person out of possession by force, threats or menacing conduct is a forcible entry under Idaho law, and a tenant who recovers damages for a forcible or unlawful entry or detention may be awarded three times the actual damages. Idaho Attorney General, Landlord and Tenant Manual (July 2026), pp. 27-28; Idaho Code §§ 6-301, 6-317 | The Idaho Attorney General's Landlord and Tenant Manual lists shutting off the utilities among the self-help steps that are unlawful for a landlord trying to force a tenant out; the landlord must use a court eviction instead. The manual notes a landlord or utility may shut off a utility for a reasonable time when repairs are needed. Idaho Attorney General, Landlord and Tenant Manual (July 2026), pp. 15-16, 27-28 | No statute — Idaho has no general anti-retaliation statute for residential tenants. The Idaho Attorney General's Landlord and Tenant Manual says a landlord may not evict a tenant for asking for repairs or joining a tenants' association, but it cites no statute and sets no presumption period. Tenants in manufactured home communities are protected by statute: the landlord may not end or refuse to renew the tenancy, raise rent, cut services, or threaten eviction because the resident complained in good faith to a code agency or to the landlord, joined or led a resident association, or hired a lawyer or agent. No statute (Idaho Code Title 6 ch. 3 and Title 55 chs. 2-3 checked); Idaho Code § 55-2015 (manufactured home communities only) |
| North Dakota | The North Dakota Attorney General's tenant guide states that a landlord cannot lock a tenant out or confiscate the tenant's belongings; removing a tenant requires an eviction case in court. Property left behind after a tenant has vacated may be kept and disposed of by the landlord only under the abandoned-property rule (28 or more days, total value of $2,500 or less). ND Attorney General, Tenant Rights; N.D.C.C. ch. 47-32; § 47-16-30.1 | The North Dakota Attorney General's tenant guide states that a landlord cannot cut off a tenant's utilities, and that eviction requires a court process. By statute, a residential landlord must supply running water, reasonable hot water and reasonable heat (with exceptions such as a tenant-controlled installation or a utility supply failure). ND Attorney General, Tenant Rights; N.D.C.C. § 47-16-13.1(1)(f) | No statute — N.D.C.C. chapters 47-16 (leases) and 47-32 (eviction) contain no general rule against landlord retaliation. The only express retaliation bar protects a tenant who ends a lease under the domestic-violence provision; a court may award $1,000 statutory damages plus actual damages, attorney's fees and costs. N.D.C.C. chs. 47-16 and 47-32 (checked); § 47-16-17.1(10)-(11) |
| South Dakota | If a residential landlord unlawfully removes or locks out a tenant, the tenant may sue for an injunction, recover possession by suit, or end the rental agreement, and in any case recover damages equal to two months' rent plus return of any advance rent and deposit. Belongings left after a tenant has moved out are presumed abandoned after 10 days if worth $500 or less; property worth more must be stored for at least 30 days before it can be treated as abandoned. SDCL 43-32-6, 43-32-25, 43-32-26 | If a residential landlord willfully interrupts electric, gas, water or another essential service to the tenant, the tenant may sue for an injunction, recover possession by suit, or end the rental agreement, and in any case recover damages equal to two months' rent plus return of any advance rent and deposit. SDCL 43-32-6 | No statutory presumption. After a protected act, a tenant may sue if the landlord retaliates by raising rent above fair market value, decreasing electric, gas, water, or sewer service, or giving a notice to vacate that is not based on a lease breach. Protected acts are a good-faith complaint to a government agency about a housing or building code violation affecting health and safety (once the landlord has written notice of it), a written repair notice under 43-32-9, and organizing or joining a tenants' union or organization. The landlord has a defense if the notice to vacate came more than 180 days after the protected act. Not renewing a written lease is not retaliation. SDCL 43-32-27, 43-32-28 |
| Wyoming | Wyoming's residential rental and eviction statutes have no provision that expressly bans a landlord from changing locks or removing a renter without a court order, or that sets damages for doing so. The statutes provide a court eviction process (forcible entry and detainer) with a written notice to quit served at least three days before filing; after a court order, the sheriff may remove the renter's belongings and prevent re-entry. W.S. 1-21-1003, 1-21-1211(a); W.S. 1-21-1001 to 1-21-1211 (reviewed) | Wyoming's residential rental and eviction statutes have no provision that specifically bans a landlord from shutting off utilities to force a renter out or sets damages for it. Separately, owners must maintain electrical systems, plumbing, heating, and hot and cold water, and a renter who is current on payments can use the written notice and court process for health and safety problems. W.S. 1-21-1203(a)(iii), 1-21-1206; W.S. 1-21-1001 to 1-21-1211 (reviewed) | No statute — Wyoming has no general law barring landlord retaliation (for example, for complaining about repairs or contacting an inspector). The only related rule: a landlord may not end a tenancy based solely on a tenant's or household member's status as a victim of domestic abuse or sexual violence. W.S. 1-21-1303(c); Title 1, Ch. 21, Arts. 10, 12, 13 and 14 checked |
More Montana rental law
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- Montana Repairs & Tenant Remedies
- Montana Rent Increase & Late Fee Laws
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- Squatters' Rights in Montana
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- Free legal help in Montana
Compare lockouts, utility shutoffs & retaliation in all 50 states and DC →
Montana Lockouts, Utility Shutoffs & Retaliation FAQ
Can a landlord change the locks without a court order in Montana?
Self-help eviction is banned. Except after abandonment or surrender, or as the Act permits, a landlord may not recover or take possession of the unit by action or otherwise. If a landlord unlawfully removes or shuts out the tenant, the tenant may recover possession or end the rental agreement and recover up to 3 months' periodic rent or treble damages, whichever is greater; if the agreement ends, the landlord must return all recoverable security and prepaid rent. (Mont. Code Ann. §§ 70-24-428, 70-24-411)
Can a landlord shut off utilities in Montana?
No. A landlord may not take possession by purposefully cutting off heat, running water, hot water, electricity, gas, or other essential services. If a landlord purposefully interrupts those services, the tenant may recover possession or end the rental agreement and, either way, recover up to 3 months' periodic rent or treble damages, whichever is greater. If the agreement ends, the landlord must return all recoverable security and prepaid rent. (Mont. Code Ann. §§ 70-24-428, 70-24-411, 70-24-408)
Can a landlord retaliate against a tenant for complaining in Montana?
Landlord may not raise rent, reduce services, or bring or threaten a possession action after the tenant complained to a government code-enforcement agency, made a written complaint to the landlord about § 70-24-303 duties, or organized/joined a tenants' union. A complaint within 6 months before the act creates a rebuttable presumption of retaliation. (Mont. Code Ann. § 70-24-431)
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.