Can I Sue My Landlord in Montana?
Yes — in many situations. These are the main claims Montana tenants bring, what the law lets you recover, and where to file. Each rule links to the statute or official source. Most claims under the small claims limit can be filed without a lawyer.
Before you sue
- Write down what happened, with dates, and keep photos, texts, emails and receipts.
- Send your landlord a written demand (templates below) and give a reasonable deadline.
- Check the deadline to sue and the court's dollar limit (below).
- If the amount is over the small claims limit, or you are facing eviction, talk to a lawyer or legal aid first.
Your security deposit wasn't returned
| Penalty for withholding | Landlord who wrongfully withholds is liable for the amount wrongfully withheld or deducted; court may award attorney fees to the prevailing party. No multiplier. Landlord has the burden of proving tenant-caused damage. Tenant may not sue until a written denial is received, or 30 days after termination/surrender, or 10 days after landlord indicates no damages/cleaning/unpaid rent. Separately, failure to provide the list forfeits the right to withhold for damage/cleaning (§ 70-25-203). Source: Mont. Code Ann. § 70-25-204 |
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| Deposit return deadline | 30 days after the tenancy ends (or after surrender and acceptance of the premises, whichever is first) when the landlord makes deductions; 10 days when there are no damages, no cleaning needed, no unpaid rent, and the tenant shows utilities are paid. Amended 2023 (Ch. 383) and 2025 (Ch. 656). Refund may be by electronic transfer, cash, check, or mailed to the new or last-known address. Does not apply if the agreement was terminated under § 70-24-427 and the landlord has a pending court claim. The statute does not state what starts the 10-day clock. |
Free Montana security deposit demand letter
You were locked out or your utilities were cut off
| Lockouts & utility shutoffs | Self-help eviction prohibited: landlord may not recover possession except by court action (or after abandonment/surrender), and may not purposefully cut heat, water, hot water, electricity, gas, or other essential services. Tenant may recover possession or terminate, and recover up to 3 months' periodic rent or treble damages, whichever is greater. If the tenant terminates, the landlord must return all recoverable security and prepaid rent. § 70-24-428 URL: https://mca.legmt.gov/bills/mca/title_0700/chapter_0240/part_0040/section_0280/0700-0240-0040-0280.html |
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Your landlord retaliated after you complained
| 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 |
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Your landlord won't make repairs
| Repair and deduct | Yes. After notice, if the landlord does not repair within a reasonable time, tenant may make repairs costing no more than 1 month's rent and deduct the cost from rent. For essential services (heat, water, hot water, electricity, gas) the tenant may procure them and deduct the actual, reasonable cost. Emergency repairs may only be made by a qualified person. Tenant may also terminate: 14 days to cure / termination at least 30 days after notice; emergencies 3 working days; recurrence within 6 months on 14 days' notice. Not available for tenant-caused conditions. |
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| Withholding rent | No general right to withhold rent. Limited rent relief: deduction for repairs or essential services, or rent excused while tenant procures reasonable substitute housing during an essential-services failure. In a nonpayment action the tenant may counterclaim and the court may order rent paid into court. Under § 70-24-421 the court determines amounts owed; if no rent remains due after counterclaims, judgment is entered for the tenant in the possession action. |
| Mold | Montana Mold Disclosure Act: a landlord who knows mold is present must disclose it to the tenant before or when the lease is signed, and a landlord who knows the building was tested for mold must say so and give the tenant the test results (if available) and evidence of any later mitigation. A landlord may also give a statutory mold disclosure statement for the tenant to sign; a landlord who gives it, discloses prior testing and mitigation, and discloses known mold is shielded from liability based on the presence of or propensity for mold. No state mold-remediation standard; the general duty to keep the premises fit and habitable applies. The disclosure statement itself is optional ('may be provided'), but disclosure of known mold and known testing is mandatory. The liability shield applies only when all the listed disclosures are made. |
| Pests & bed bugs | No pest- or bed-bug-specific statute. The landlord must make repairs and do whatever is necessary to keep the premises fit and habitable and keep common areas clean and safe; the tenant must keep the unit reasonably clean and safe and dispose of garbage properly. No state bed-bug disclosure or inspection requirement. Who pays for treatment generally depends on whether the infestation results from the tenant's failure to meet tenant duties. Local housing codes may add requirements. |
| Heat | Yes. The landlord must supply reasonable heat between October 1 and May 1 (plus running water and reasonable hot water at all times) and keep heating facilities in good and safe working order. No statewide minimum temperature is set. Exception: buildings not required by law to be equipped for heat, or units where heat is generated by an installation in the tenant's exclusive control. Landlord and tenant may agree in good-faith writing that the tenant handles the heat/hot-water duty (§ 70-24-303(3)). The code also shows a version of this section effective January 2, 2031. |
Free Montana repair request letter to landlord
Your landlord entered without notice or invaded your privacy
| Landlord entry notice | At least 24 hours' notice, at reasonable times, except in an emergency or when notice is impracticable. Posting notice conspicuously on the main entry door counts as notice. Landlord may not abuse access or use it to harass. Tenant may not change or add locks without written permission. Remedies for unlawful entry in § 70-24-410. Source: Mont. Code Ann. § 70-24-312 |
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| Cameras & privacy | No landlord-specific camera statute. It is a crime to hide, wait, or loiter in person or by remote electronic device in or near a residence to surreptitiously watch, observe, or record occupants without their knowledge. Landlord entry generally requires 24 hours' notice and may not be used to harass the tenant. Penalties escalate with repeat convictions (up to $10,000 and 5 years for a third offense). Visible cameras in common areas are not specifically regulated by state landlord-tenant law. |
You were refused or treated differently because of Section 8 or other income
| Statewide ban on refusing Section 8 / source of income | No. Montana's housing discrimination law covers sex, marital status, race, creed, religion, color, age, familial status, physical or mental disability, and national origin, but not source of income or housing vouchers. Source: Mont. Code Ann. § 49-2-305 |
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Other claims tenants bring in Montana
| Constructive eviction (conditions forced you out) | No Montana statute uses the term "constructive eviction," but the Residential Landlord and Tenant Act lets a tenant move out and stop paying rent in defined situations. If the landlord's failure to maintain the unit affects health and safety, the tenant may give written notice that the lease ends on a date at least 30 days later unless the landlord fixes the problem within 14 days (3 working days in an emergency). If the landlord purposefully or negligently cuts off heat, water, hot water, electricity, gas or other essential services, the tenant, after written notice and a reasonable chance to fix, may move to reasonable substitute housing and owes no rent while the problem lasts. Essential-services remedy: https://mca.legmt.gov/bills/mca/title_0700/chapter_0240/part_0040/section_0080/0700-0240-0040-0080.html. A tenant who is locked out or whose services are purposely cut off may end the lease and recover the greater of 3 months' rent or treble damages (MCA 70-24-411). The tenant cannot use these remedies for conditions the tenant or the tenant's household or guests caused. Whether Montana courts also recognize a common-law constructive-eviction defense is not addressed in the statute. |
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| Injuries on the property | Montana's landlord-tenant law requires the landlord to keep the premises fit and habitable, keep common areas clean and safe, and keep electrical, plumbing, heating and other supplied facilities and appliances in good and safe working order. A tenant may recover actual damages for the landlord's failure to meet these duties. A lease cannot excuse a landlord from liability for its own negligence or purposeful misconduct. The landlord is not liable for damages caused by failure of a required smoke or carbon monoxide detector. The posted text of 70-24-303 is marked "(Temporary)." Whether a landlord is liable for a specific injury is decided by the courts under negligence law; talk to a lawyer, as filing deadlines apply. Lease-clause limits: https://mca.legmt.gov/bills/mca/title_0700/chapter_0240/part_0020/section_0020/0700-0240-0020-0020.html. |
Where and when to sue
| Small claims limit | $7,000, not counting costs, for money or specific personal property, and the defendant must be servable in the county where the case is filed. Last amended 2011 (Ch. 284). Counties that create a small claims court in district court follow the same justice-court small claims procedure (§ 3-12-107). Source: Mont. Code Ann. § 25-35-502 |
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| Small claims filing fee | $20 for the plaintiff when the sworn complaint is filed; $10 for the defendant when appearing to contest the claim or filing a counterclaim. A party who cannot afford the fees may file a pauper's affidavit. Sheriff's service fees are separate. Fee waiver form: https://courts.mt.gov/external/forms/dissolution/FeeWaiver.pdf (linked from https://courts.mt.gov/Forms/). |
| Deadline to sue on a written lease | 6 years for a written lease or other written contract; 5 years for an oral lease (a contract not founded on a written instrument). The written-contract period was previously 8 years. It was changed by 2023 ch. 665 and 2025 ch. 174 (history line of MCA 2025). |
How small claims court works in Montana →
Tenant lawyers and free legal aid in Montana · Montana tenant rights · Suing a landlord in other states
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.