Cal. Civ. Code § 70-33-410
Action For Nonpayment Of Rent -- Tenant's Counterclaim
Operative Text
(1) (a) 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 recoverable under the rental agreement or this chapter. (b) (i) The court may order the tenant to pay into court all or part of the rent accrued and afterwards accruing, and the court shall determine the amount due to each party. (ii) A party to whom a net amount is owed must be paid first from the money paid into court, and the balance must be paid by the other party. (iii) The court may at any time release money paid into the court to any party if the parties agree or if the court finds a party is entitled to the money. (c) If there is no rent remaining due after application of this section, judgment must be entered for the tenant in an 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 may not be required to pay any rent into court.
Montana Code § 70-33-410 governs what happens when a landlord sues a tenant for unpaid rent or for possession of a rental unit based on nonpayment. Under this provision, a tenant who is sued in either type of action has the right to raise counterclaims for any amounts owed to them under the rental agreement or state law. A court can direct that rent be paid into the court while the case proceeds, then calculate what each side owes the other and order payment accordingly — including entering judgment for the tenant in a possession case if no rent remains due after the accounting.
Plain English — not legal advice.
Landlords and property managers pursuing actions under Mont. Code Ann. § 70-33-410 should be aware that a nonpayment or possession case can become a two-way financial proceeding. A compliant operator generally keeps thorough records of all rent charges, payments received, and any amounts owed to the tenant — such as unreturned deposits or credits — because those figures may be weighed against the landlord's claimed arrears. If a court orders rent paid into the court registry during the case, operators typically track those payments carefully, as the final judgment will reflect a net calculation between both parties' claims.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under Mont. Code Ann. § 70-33-410, tenants who are sued for nonpayment of rent or for possession have a legal right to bring counterclaims in the same proceeding for money owed to them under the rental agreement or Montana law. If the counterclaim offsets all remaining rent owed, the court must enter judgment in the tenant's favor on a possession action. Tenants who believe they have offsetting claims — such as for habitability issues or improperly withheld funds — may wish to consult a tenant-rights organization or legal aid provider to understand how to raise those claims within the court process.
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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