It is a good idea to give notice in writing to your landlord of the issue. You should also discuss the issue with your landlord, to give your landlord the opportunity to resolve the issue. If the landlord refuses to do anything and the issue is the landlord's responsibility, you may want to look at other options. You may want to:
- Contact the police. The police may help protect your right to be free from serious disturbances.
- File a lawsuit. You may file a lawsuit, asking the judge to order your landlord to remedy the violation of your right to quiet enjoyment. In your lawsuit, you may also ask the court for an award of money from the landlord for any actual loss you suffered because of the violation of quiet enjoyment. You would have to prove to the court that you suffered an actual cost or damage because of the violation, and that the landlord was responsible for it.
- It is a good idea to talk to a lawyer if you want to file a lawsuit. You may be able to find a lawyer who won’t charge you anything unless you win. Montana law says that if you win your lawsuit against the landlord, the judge has the power to order the landlord to pay your attorney fees. You can learn more about how lawyer’s set their fees.
- Move out. You must give proper written notice. You may be able to get out of your lease early if the violation of your quiet enjoyment is that serious.
- Warning: The situation has to be serious for you to break the rental agreement. If you end up in court the judge may find that the problem was not so serious and that you didn’t really have to move. Then, the judge could order you to pay the rent from the time that you moved out until when your lease would have ended, and maybe even the landlord's attorney fees. The landlord must still try to rent out the place to a new tenant after you move out. They have a duty to reduce their losses. If you have any questions, it’s a good idea to talk to a lawyer.
