Cal. Civ. Code § 70-24-421
Action For Nonpayment Of Rent -- Tenant's Counterclaim
Operative Text
(1) In an action for possession based upon nonpayment of the rent or in an action for rent when the tenant is in possession, the tenant may counterclaim for any amount the tenant may recover under the rental agreement or this chapter. The court from time to time may order the tenant to pay into court all or part of the rent accrued and thereafter accruing and shall determine the amount due to each party. The party to whom a net amount is owed must be paid first from the money paid into court and the balance by the other party. The court may at any time release money paid into the court to either party if the parties so agree or if the court finds a party entitled to the sums released. If no rent remains due after application of this section, judgment must be entered for the tenant in the action for possession. (2) In an action for rent when the tenant is not in possession, the tenant may counterclaim as provided in subsection (1) but is not required to pay any rent into court.
Montana Code § 70-24-421 establishes a procedural mechanism that allows tenants to raise their own monetary claims against a landlord within the same court proceeding in which the landlord is seeking unpaid rent or possession of the unit. The court can direct that rent be paid into the court during the case, then calculate what each side owes the other and distribute funds accordingly. If the tenant's counterclaim offsets all remaining rent owed, the court must rule in the tenant's favor on the possession action.
Plain English — not legal advice.
Under Mont. Code Ann. § 70-24-421, landlords pursuing an eviction or rent-collection case should be aware that the tenant is legally permitted to assert counterclaims—such as claims for habitability violations or other breaches of the rental agreement—within the same proceeding. A court may order rent to be deposited with the court while the case is pending, and any net amount owed to the landlord would be paid from those funds. Operators who maintain thorough records of rent payments, repair requests, and lease compliance are generally better positioned to respond to counterclaims in these proceedings.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Mont. Code Ann. § 70-24-421 gives tenants the right to bring their own claims—such as those arising from the rental agreement or Montana's residential landlord-tenant statutes—as a counterclaim in a landlord's nonpayment-of-rent or eviction case. If a tenant's counterclaim equals or exceeds the rent the landlord claims is owed, the court is required to enter judgment for the tenant on the possession action. Tenants who believe they have claims against their landlord in such a proceeding may benefit from contacting a local tenant-rights organization or legal aid office to understand the range of options available under this section.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 22, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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