Rental Lockouts

Be firm but cordial in telling the landlord that locking a tenant out of the premises, without a court order, is improper and violates Montana's landlord and tenant laws.  See Montana Code Annotated (MCA) §70-24-411.

If the landlord threatens to evict you for claiming your rights, that may be retaliatory conduct. Under most circumstances, retaliating against a tenant for legitimate tenant conduct, such as asserting your rights, is improper. But, it won't be retaliatory conduct if you are behind in rent. 

There is no protection in Montana law for a tenant who is behind in rent. Do not withhold rent without first talking to a lawyer who is familiar with Montana landlord/tenant law. If you withhold rent improperly, you lose many important legal rights.

Keep copies of your lease or rental agreement with you. Normally, police or sheriff's officers will not help a landlord unless the landlord has a court order. If the police come to enforce any lockout, you must prove you are renting there, and not a trespasser. 

If you don't have a written rental agreement, keep copies of your rental receipts handy.

In some Montana communities, it may help to forewarn the police of the possible lockout if you are having a dispute with your landlord. If the landlord is threatening to involve the police, it may be a good idea to talk with local law enforcement ahead of time.

If the landlord locks you out anyway, you may be able to recover up to three times the amount of the monthly rent from the landlord, if you go to court.

If you believe there is no court order authorizing the lockout, contact an attorney immediately.

If you anticipate a lockout, protect your valuables and important paperwork. This may include rent stubs, receipts, rental agreements, your birth certificate, Social Security card, medications, and other valuable possessions.

Keep these items in a safe place outside of the unit in case your landlord calls the police or restricts access to the unit.

A landlord has no right to keep or take your property under any circumstances without a court order. If the landlord takes your property and there is no court order, call a lawyer immediately.

If you own a mobile home and only rent the lot, the landlord is never entitled to take your mobile home without a court order. In most situations, you would first receive notice that the landlord filed a court case and would have a chance to respond before a court issued any order.

Nothing. Most landlords understand that a tenant cannot be physically removed from a rental unit without a court order. Police or sheriff’s officers normally will not assist a landlord unless there is a valid court order.

See the section above about keeping proof that you rent the unit.

If the landlord locks you out, and you believe there is no court order, contact an attorney.

Talk to your landlord and explain your rights. Montana law does not permit a landlord to shut off essential services.

Whatever you discuss with the landlord, follow it up in writing and keep a copy for your records.

If your landlord fails to provide essential services—such as running water, heat, electricity, or gas—you must give the landlord written notice and allow a reasonable time to fix the problem. If the landlord does not restore the services, you may be able to choose one of the following options:

• Obtain the essential service yourself. For example, if the gas has been shut off but the electricity still works, you could purchase a space heater to provide the necessary heat. You can deduct the cost of the heaters and the additional cost of the electricity from the rent.
• Recover damages from the landlord based upon the value of the apartment, without the essential service or the extra charges you had to pay.
• Get substitute housing while the problem continues. If you do this, you are excused from paying rent for the time you are in the substitute housing.

These options are available only if the essential service was interrupted by the landlord, either intentionally or by accident. You cannot use these options if you, a household member, or a guest caused the problem.

If essential services are still not restored after the landlord has had a reasonable time to fix the issue, you may have additional legal options, such as asking a court to order the landlord to restore services. You may need to review Montana’s landlord/tenant laws or consult a lawyer to take further steps.

That is generally the best result. If you reach an agreement, put it in writing. Have both you and the landlord sign the agreement. Both you and the landlord should keep a copy.

If the landlord interrupted your utility service, have the landlord call the utility company and have your utilities turned back on.

If you were locked out, make sure the landlord lets you have access back into your unit and gives back any belongings. But don't try to change locks; you can't change the locks without the landlord's consent.

Legal Help

• The State Bar Lawyer Referral Service may provide you with contact information for attorneys who provide the type of assistance you are seeking, for a fee. You can find information about the State Bar Lawyer Referral Service at montanabar.org. 
• Montana Legal Services Association provides free civil, non-criminal legal help to eligible clients. Learn more about how to apply for free legal help in Montana.