Cal. Civ. Code § 70-24-431
Retaliatory Conduct By Landlord Prohibited
Operative Text
(1) Except as provided in this section, a landlord may not retaliate by increasing rent, by decreasing services, or by bringing or threatening to bring an action for possession after the tenant: (a) has complained of a violation applicable to the premises materially affecting health and safety to a governmental agency charged with responsibility for enforcement of a building or housing code; (b) has complained to the landlord in writing of a violation under 70-24-303 ; or (c) has organized or become a member of a tenant's union or similar organization. (2) If the landlord acts in violation of subsection (1) of this section, the tenant is entitled to the remedies provided in 70-24-411 and has a defense in any retaliatory action against the tenant for possession. (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 in retaliation. The presumption does not arise if the tenant made the complaint after notice of a proposed rent increase or diminution of services. For purposes of this section, "rebuttable presumption" means that the trier of fact is required to find the existence of the fact presumed unless and until evidence is introduced that would support a finding of its nonexistence. (4) Subsections (1), (2), and (3) do not prevent a landlord from bringing an action for possession if: (a) the violation of the applicable building or housing code was caused primarily by lack of reasonable care by the tenant, a member of the tenant's family, or any other persons on the premises with the tenant's consent; (b) the tenant is in default in rent; or (c) compliance with the applicable building or housing code requires alteration, remodeling, or demolition that would effectively deprive the tenant of use of the dwelling unit. (5) The maintenance of an action under subsection (4) of this section does not release the landlord from liability under 70-24-405 (2).
Montana Code § 70-24-431 prohibits landlords from retaliating against tenants who report housing or building code violations to a government agency, complain in writing to the landlord about habitability issues, or join a tenant organization. Retaliation is defined as raising rent, cutting services, or initiating or threatening eviction proceedings. When a tenant has made a qualifying complaint within the six months before an alleged retaliatory act, the law presumes the landlord's conduct was retaliatory — though that presumption can be rebutted by evidence to the contrary. Certain exceptions apply, such as when the tenant caused the code violation, is behind on rent, or when compliance requires demolition that would make the unit uninhabitable.
Plain English — not legal advice.
Under Mont. Code Ann. § 70-24-431, compliant property operators are careful to ensure that any rent increases, service changes, or eviction actions taken after a tenant complaint are grounded in legitimate, documented reasons unrelated to the complaint. Because a complaint filed within six months of an adverse action triggers a rebuttable presumption of retaliation, operators generally maintain clear records of the business rationale behind any such decisions. The statute does preserve a landlord's right to pursue possession when the tenant caused the code violation, is in default on rent, or when code compliance requires work that effectively eliminates the unit — but even in those cases, § 70-24-431(5) notes that liability under § 70-24-405(2) is not automatically released.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Mont. Code Ann. § 70-24-431 gives tenants protection from rent increases, service reductions, and eviction threats made in response to reporting code violations, submitting written habitability complaints, or participating in a tenant organization. If a landlord takes one of those adverse actions within six months of a qualifying complaint, the law creates a rebuttable presumption of retaliation, which a tenant may raise as a defense in an eviction proceeding or as part of a claim for remedies under § 70-24-411. Tenants who believe they are experiencing retaliation may consider documenting all communications and complaints, contacting a local tenant-rights organization, or reaching out to the government agency responsible for housing code enforcement in their area.
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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