Cal. Civ. Code § 70-24-411
Unlawful Ouster, Exclusion, Or Diminution Of Service -- Tenant's Remedies
Operative Text
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 heat, running water, hot water, electricity, gas, or other essential services, the tenant may recover possession or terminate the rental agreement and, in either case, recover an amount not more than 3 months' periodic rent or treble damages, whichever is greater. If the rental agreement is terminated, the landlord shall return all security recoverable pursuant to chapter 25 of this title and all prepaid rent.
Montana Code § 70-24-411 addresses situations where a landlord unlawfully locks out a tenant or deliberately cuts off essential services such as heat, running water, hot water, electricity, or gas. When such conduct occurs, the law provides the tenant with a choice: reclaim possession of the rental unit or terminate the rental agreement entirely. In either case, the tenant is entitled to monetary damages equal to the greater of three months' periodic rent or treble (triple) damages, and if the agreement is terminated, the landlord must return all security deposits and prepaid rent.
Plain English — not legal advice.
Under Mont. Code Ann. § 70-24-411, compliant property operators maintain continuous access to essential services — including heat, running water, hot water, electricity, and gas — and never use lockouts or service interruptions as a means of pressuring a tenant to vacate. Operators who terminate a tenancy through proper legal channels understand that self-help eviction tactics expose them to liability for the greater of three months' rent or treble damages. Keeping detailed maintenance records and following Montana's statutory eviction procedures are practices generally associated with lawful property management under this provision.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Mont. Code Ann. § 70-24-411 gives tenants a legal remedy if a landlord unlawfully locks them out or deliberately shuts off essential services like heat, water, or electricity. A tenant in that situation may choose to reclaim possession of the unit or end the rental agreement, and in either case may seek damages equal to the greater of three months' periodic rent or treble damages. Tenants who believe this provision has been violated can document the interruption, consult a local tenant-rights organization, or explore filing a civil claim in Montana district or justice court.
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.
Effective Timeline
References Out
No outbound references recorded yet for this provision.
References In
Rules and statutes that cite this regulation