Except under certain circumstances and subject to certain conditions, a landlord generally may not interrupt utilities provided to a residential tenant—such as electricity, gas, water, sewer, internet, telephone, cable television, security systems, and in some areas, trash collection—unless the interruption results from bona fide repairs, construction, or an emergency.
A landlord generally may not shut off utilities to a residential tenant because the tenant is late in paying for the utilities. Laws vary from state to state, and laws related to a landlord’s interruption of a residential tenant’s utility services are usually located in a state’s statutes.
In Montana, landlords are prohibited from interrupting utility services to a residential tenant as a means of eviction or to force a tenant to vacate the premises. This includes essential services such as electricity, gas, water, sewer, internet, telephone, cable television, and security systems. According to Montana Code Annotated § 70-24-411, a landlord may not willfully interrupt these services for any reason other than bona fide repairs, construction, or an emergency situation. If a landlord unlawfully removes or excludes the tenant from the premises or willfully diminishes services by interrupting essential services, the tenant may recover possession or terminate the rental agreement and, in either case, recover an amount not more than three months' periodic rent or the actual damages sustained by the tenant, whichever is greater. It is important for both landlords and tenants in Montana to understand these regulations to ensure compliance with state law and to avoid potential legal disputes.