Can my landlord legally shut off my water, heat, or power for nonpayment?

No. Montana law prohibits landlords from disconnecting vital utilities as retaliation or to force a tenant out. Only a utility company can do this, following formal notice and legal process.

What can I do if my utilities are shut off without proper notice?

Ask for immediate restoration in writing. If the issue is not fixed, file a complaint with the Montana Justice Court or the Public Service Commission.

Are there special protections during winter?

Yes. Utility companies must follow winter moratorium rules, meaning heat cannot be cut off for most nonpayments during the coldest months.

How do I prove a landlord initiated a utility shutoff illegally?

Keep all written notices and proof of payment. Documentation will help support your claim if you take the matter to court or file a complaint.

Montana Tenant Utility Shutoff Rights & Protections

Utilities, Services & Billing Montana published June 21, 2025

Understanding your rights as a renter is crucial, especially when it comes to basic services like water, heat, and electricity. If you’re renting in Montana, utility shutoff protections ensure you are not left in the dark unfairly, even if you’re facing a dispute with your landlord. This guide breaks down key protections under Montana law so you know what steps to take if you’re at risk of losing essential services.

What Are Utility Shutoff Protections for Montana Tenants?

Both state law and the Montana Public Service Commission (PSC) provide key safeguards for tenants, particularly during emergencies, disputes, and winter months. Renters are generally protected from sudden disconnection of essential utilities such as electricity, natural gas, water, and sewer services. These protections are especially important when utilities are billed directly to tenants by a utility company, or indirectly through the landlord.

Key Utility Shutoff Protections for Renters

Advance Written Notice: Montana law requires utility companies and landlords to provide written notice before a shutoff. This lets tenants prepare, catch up on payments, or dispute an unjust shutoff.
Winter Moratoriums: The Montana PSC restricts utility shutoffs for non-payment during winter months (typically November through March). This protects renters from losing heat during the cold season.
Landlord Responsibility: If utilities are included in your rent, landlords are legally obligated to maintain those services. Intentionally cutting off utilities to force a tenant out is illegal and considered a form of unlawful eviction.
Right to Cure: Renters must be given an opportunity to pay overdue charges or resolve disputes before disconnection.

If you believe a utility shutoff is illegal or you didn’t receive proper notice, you may have the right to file a complaint and seek reinstatement of the service.

Landlord and Utility Company Notice Requirements

Whether your utilities are under your name or your landlord’s, both landlords and utility providers have strict rules before shutting off services in a rental.

Utility Company Notice: According to the Montana Public Service Commission, utilities must give at least 15 days’ written notice before disconnection for non-payment. This applies to both direct and master-metered tenants.
Landlord Notice (when utilities are included): If your landlord intends to shut off a utility (or fails to pay the bill), they must also follow the notice and repair provisions in Montana law. Shutting off utilities to force a tenant to move out is prohibited. Refer to Section 70-24-422 of the Montana Residential Landlord and Tenant Act for details.

What If Your Landlord Illegally Shuts Off Utilities?

If a landlord disconnects utility services to make you move or retaliates after you submit a complaint, you have immediate legal remedies. Montana law lets tenants:

Regain possession or request service restoration
Seek damages for any harm or extra costs from the unlawful shutoff
File a complaint with the Montana Justice Court (small claims) or District Court

Relevant Forms for Montana Renters

Tenant’s Complaint for Unlawful Utility Disconnection
Form: No standard statewide form, but you can file a complaint at your local Justice Court.
Use Example: If your landlord shuts off your water to force you to leave, file a complaint in Justice Court to seek restoration and possible damages. Find your local court here.
Request for Utility Restoration & Reconnection
Form: No designated statewide form, but you may submit a written request to the landlord demanding immediate restoration. If unresolved, escalate with a complaint to your court or the PSC.
Practical Example: If a utility company gave you notice but you resolved the payment, submit proof of payment to stop the shutoff or restore service.

Be sure to keep any written notices or communication in case you need to prove your case in court or with the Montana PSC.

Your Legal Protections Under Montana Law

Montana’s main legislation covering tenant utility protections is the Montana Residential Landlord and Tenant Act of 1977. This law sets out the rules for utility shutoffs, required landlord actions, and legal recourse if your rights are violated.^[1]

If you get a utility shutoff notice, act quickly. Contact the utility company or your landlord to clarify, pay any overdue bills, or dispute a wrongful shutoff in writing. Swift action can prevent unnecessary hardship.

FAQ: Montana Tenant Utility Rights

Can my landlord legally shut off my water, heat, or power for nonpayment?
No. Under Montana law, landlords cannot disconnect vital utilities to force you out or as retaliation. Only a utility company can shut off services for nonpayment after proper advance notice and outside protected periods.
What can I do if my utilities are shut off without proper notice?
Request immediate restoration in writing. If unresolved, file a complaint with your local Justice Court or the Montana Public Service Commission.
Are there special protections during winter?
Yes. Utility companies must follow winter moratorium rules and cannot disconnect heat during cold months except in rare, strictly regulated cases.
How do I prove a landlord-initiated shutoff was done illegally?
Save written communication and notices. If utilities are included in your rent, document payment history and the timing of any shutoffs to support your claim in court.

Conclusion: Key Takeaways

Montana law firmly protects tenants against sudden or retaliatory utility shutoffs.
Landlords and utility companies must follow strict notice and process rules.
Winter months offer extra protections to keep renters safe and warm.

If you're at risk of a utility shutoff, act quickly and know your legal tools—help is available.

Need Help? Resources for Renters

Montana Public Service Commission Consumer Help: File a complaint about a utility shutoff or billing dispute
Montana Justice Court Directory: Locate your local court to file tenant complaints regarding utilities
Montana Legal Services Association Utility Shutoff Guide
Read Section 70-24-411 of the Montana Residential Landlord and Tenant Act: Tenant remedies if landlord fails to supply essential services