Landlord retaliation law in Montana: the 6-month presumption in 70-24-431
Montana's retaliation rule, MCA 70-24-431, forbids a landlord from raising rent, decreasing services, or bringing or threatening an action for possession after a tenant complains to a code enforcement agency, complains to the landlord in writing, or joins a tenants' union. A complaint within the six months before the landlord's act creates a presumption of retaliation that the landlord must rebut with evidence.
Which tenant acts are protected?
Subsection (1) lists three. First, the tenant has complained to a governmental agency charged with enforcing a building or housing code of a violation applicable to the premises that materially affects health and safety. Second, the tenant has complained to the landlord in writing of a violation under 70-24-303, the landlord's duty to maintain the unit. Third, the tenant has organized or become a member of a tenant's union or similar organization. A verbal complaint to the landlord, by itself, is not on this list, which is one reason to answer repair requests in writing.
How does the 6-month presumption work?
Under subsection (3), in an action by or against the tenant, evidence of a complaint within 6 months before the alleged act of retaliation creates a rebuttable presumption that the landlord's conduct was retaliatory. The statute defines a rebuttable presumption: the trier of fact must find the fact presumed unless and until evidence is introduced that would support a finding that it does not exist. The presumption does not arise if the tenant made the complaint after notice of a proposed rent increase or a decrease in services.
Example a made-up tenant files a code complaint with the city on Monday, November 2, 2026. The six months run through Sunday, May 2, 2027, so a rent increase notice, a 14-day breach notice or a possession filing in that span carries the presumption. A landlord who mailed a proposed rent increase on Sunday, October 25, 2026, before the complaint, falls under the carve-out: the complaint came after notice of the proposed increase.
When can a landlord still bring an action?
Subsection (4) says the retaliation rules do not prevent an action for possession if the code violation was caused primarily by the tenant's lack of reasonable care, or that of a family member or another person on the premises with the tenant's consent, if the tenant is in default in rent, or if complying with the code requires alteration, remodeling or demolition that would effectively deprive the tenant of the use of the unit. Bringing an action under those exceptions does not release the landlord from liability under 70-24-405(2).
If the landlord breaks the rule, subsection (2) gives the tenant the remedies in 70-24-411 and a defense in any retaliatory action for possession.
How do you show a legitimate reason?
- Date every rent increase notice and keep proof of delivery, so you can show it came before any complaint.
- Keep the rent ledger for a default in rent, which is its own exception under (4)(b).
- Photograph tenant-caused damage and keep repair invoices if the code violation came from the tenant.
- Answer written repair requests in writing and log the repair dates.
Do not cut heat, water or electricity as a response. Section 70-24-428 bars taking possession through diminished services, and a retaliation claim would then sit on top of a separate violation. Treat the first six months after any complaint as the period when every notice you send needs a paper trail behind it.
Where does DoorKeeping fit?
DoorKeeping keeps the maintenance requests, tenant messages, rent ledger and notices for each unit in one timeline, so the date of a complaint and the date of your next action sit side by side. That record is what you show a judge. You decide and act yourself. This is general information, not legal advice: check the current statute, and ask a local attorney if a tenant raises retaliation.
Sources
Questions
- How long is the Montana retaliation presumption?
- A complaint within 6 months before the landlord's act creates a rebuttable presumption of retaliation (70-24-431(3)).
- Is a verbal complaint protected in Montana?
- The statute names a complaint to the landlord in writing, a complaint to a code agency, and joining a tenant organization.
- Can a Montana landlord evict for unpaid rent after a complaint?
- Yes. A default in rent is an exception in 70-24-431(4)(b).