Cal. Civ. Code § 70-33-408
Unlawful Or Unreasonable Entry By Landlord -- Tenant's Remedies
Operative Text
If the landlord makes an unlawful entry or a lawful entry in an unreasonable manner or makes repeated demands for entry that is otherwise lawful but has the effect of unreasonably harassing the tenant, the tenant may either obtain injunctive relief to prevent the recurrence of the conduct or terminate the rental agreement. In either case the tenant may recover actual damages.
Montana Code § 70-33-408 addresses situations where a landlord enters a tenant's space without legal authority, enters in a legally permissible but unreasonable way, or repeatedly demands entry in a manner that amounts to harassment. When any of these circumstances occur, the law provides two potential remedies: a court order (injunctive relief) stopping the behavior from happening again, or the right to end the rental agreement. In either scenario, the tenant is also entitled to recover actual damages suffered as a result of the conduct.
Plain English — not legal advice.
Under Mont. Code Ann. § 70-33-408, compliant operators generally ensure that every entry into a rented space is both legally authorized and carried out in a reasonable manner—typically with proper advance notice and at a mutually acceptable time. Landlords who make repeated entry demands, even if each individual request might be lawful, risk crossing into conduct that a court could characterize as unreasonable harassment. Maintaining clear, documented communication about the purpose and timing of any entry helps demonstrate that access practices align with the standards this provision sets out.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Mont. Code Ann. § 70-33-408 gives tenants specific rights when a landlord enters unlawfully, enters in an unreasonable manner, or repeatedly demands entry in a harassing way. Tenants facing this conduct may pursue injunctive relief through the courts to stop the behavior, or may choose to terminate the rental agreement—and in either case may seek recovery of actual damages. Tenants who believe this provision has been violated can document each incident, consult a local tenant-rights organization, or explore filing a civil action in Montana courts to understand which general enforcement paths may be available.
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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