Cal. Civ. Code § 70-33-409
Unlawful Ouster, Exclusion, Or Diminution Of Services -- Tenant's Remedies
Operative Text
(1) If a landlord unlawfully removes or excludes the tenant from the premises or purposefully diminishes services to the tenant by interrupting or causing the interruption of running water, electricity, gas, or other essential services, the tenant may recover possession or terminate the rental agreement and, in either case, recover an amount of not more than 3 months' periodic rent or treble damages, whichever is greater. (2) If the rental agreement is terminated, the landlord shall return all security recoverable pursuant to Title 70, chapter 25, and any prepaid rent.
Montana Code § 70-33-409 addresses situations where a landlord unlawfully locks out a tenant, removes them from their home, or deliberately cuts off essential services such as running water, electricity, or gas. When such conduct occurs, the law gives the tenant the option to either reclaim possession of the premises or end the rental agreement entirely. In either case, the tenant may seek a monetary remedy equal to the greater of three months' periodic rent or treble (triple) damages, and if the agreement is terminated, the landlord must return any security deposit and prepaid rent.
Plain English — not legal advice.
Under Mont. Code Ann. § 70-33-409, compliant operators understand that self-help eviction tactics — such as changing locks, physically removing a tenant, or intentionally shutting off utilities like water, gas, or electricity — expose them to significant financial liability. Property managers generally ensure that any reduction or interruption of services is unintentional and promptly remedied, and that formal legal processes are followed when seeking to end a tenancy. Operators also maintain clear records of security deposits and prepaid rent so that, if a rental agreement is lawfully terminated, those funds can be returned without dispute.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Mont. Code Ann. § 70-33-409 gives tenants whose landlord has unlawfully locked them out or deliberately cut off essential services the right to choose between reclaiming their home or terminating the rental agreement, and to pursue a monetary remedy — the greater of three months' rent or treble damages. Tenants in this situation may also be entitled to the return of their security deposit and any prepaid rent if they choose to end the agreement. General enforcement paths include raising a violation of § 70-33-409 as a defense or counterclaim in court, contacting a local tenant-rights organization for guidance, or consulting with a legal aid office familiar with Montana landlord-tenant law.
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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