Montana Tenant's Answer to Eviction Complaint (FED) with Affirmative Defenses

DEFENDANT'S ANSWER TO COMPLAINT FOR FORCIBLE ENTRY AND UNLAWFUL DETAINER

With Affirmative Defenses, Counterclaims, and Jury Demand

TABLE OF CONTENTS

1. Caption
2. General Denial / Specific Admissions and Denials
3. Affirmative Defenses
4. Counterclaims
5. Prayer for Relief
6. Demand for Trial by Jury
7. Verification
8. Signature and Certificate of Service
9. Tenant Practice Notes
10. Sources and References

1. CAPTION

MONTANA [JUSTICE / DISTRICT] COURT

[__________] COUNTY, STATE OF MONTANA

Cause No.: [____________]

DEFENDANT'S ANSWER TO COMPLAINT FOR FORCIBLE ENTRY AND UNLAWFUL DETAINER, AFFIRMATIVE DEFENSES, COUNTERCLAIMS, AND JURY DEMAND

2. GENERAL DENIAL / SPECIFIC ADMISSIONS AND DENIALS

COMES NOW Defendant, [TENANT'S FULL LEGAL NAME], ☐ pro se / ☐ by and through undersigned counsel, and answers the Complaint as follows:

2.1 Defendant ☐ admits / ☐ denies the allegations of paragraph 3.1 of the Complaint regarding Plaintiff's identity and ownership.

2.2 Defendant ☐ admits / ☐ denies the allegations of paragraph 3.2 regarding Defendant's identity and residence.

2.3 Defendant ☐ admits / ☐ denies the allegations of paragraph 3.5 regarding subject-matter jurisdiction.

2.4 Defendant ☐ admits / ☐ denies the allegations of paragraph 4 regarding the rental agreement and material terms. State any disputed terms: [________________________________].

2.5 Defendant ☐ admits / ☐ denies that the Notice was properly served. Specifically:

☐ Defendant denies that the Notice was personally served as alleged.

☐ Defendant denies that the Notice complied with Mont. Code Ann. § 70-24-422 / § 70-24-441 because: [________________________________].

☐ Defendant denies that the Notice gave the required cure or termination period.

☐ Defendant denies that the amount demanded in the Notice was correct.

☐ Defendant admits service but denies the legal effect of the Notice.

2.6 Defendant ☐ admits / ☐ denies that Defendant is in default of the rental agreement.

2.7 Defendant ☐ admits / ☐ denies that the Rental Agreement has terminated.

2.8 Defendant ☐ admits / ☐ denies that Defendant is in unlawful detainer of the Premises.

2.9 Defendant DENIES each and every allegation of the Complaint not specifically admitted herein, and demands strict proof thereof.

2.10 As to allegations of which Defendant lacks knowledge or information sufficient to form a belief, Defendant denies the same and demands strict proof thereof, pursuant to Mont. R. Civ. P. 8(b).

3. AFFIRMATIVE DEFENSES

Defendant pleads the following affirmative defenses, each of which is a complete or partial bar to Plaintiff's claims:

3.1 First Affirmative Defense — Defective Notice

The pre-litigation notice on which Plaintiff relies is fatally defective and cannot support an action for unlawful detainer because:

☐ The notice period was less than required by Mont. Code Ann. § 70-24-422 / § 70-24-441;

☐ The notice failed to specify the noncompliance with reasonable particularity;

☐ The notice demanded amounts not properly demandable as rent (e.g., utilities, damages, attorney fees);

☐ The notice was not served in accordance with Mont. Code Ann. § 70-24-108;

☐ The notice failed to identify the Premises with reasonable particularity;

☐ Other: [________________________________].

3.2 Second Affirmative Defense — Cure

Defendant cured the alleged noncompliance within the cure period required by Mont. Code Ann. § 70-24-422(1). Specifically, Defendant ☐ paid the rent demanded in full / ☐ remedied the alleged breach by [DESCRIBE] / ☐ vacated and surrendered possession on [__/__/____] / ☐ other: [____].

3.3 Third Affirmative Defense — Payment / Accord and Satisfaction

Plaintiff accepted full or partial payment after service of the Notice without express written reservation of rights, thereby waiving the termination and creating a new tenancy or accord and satisfaction.

3.4 Fourth Affirmative Defense — Breach of Warranty of Habitability

Plaintiff materially breached the warranty of habitability under Mont. Code Ann. § 70-24-303 by failing to maintain the Premises in a fit and habitable condition. Specifically, the Premises suffer from the following defects materially affecting health and safety:

Defendant has provided written notice to Plaintiff of these conditions and Plaintiff has failed to remedy them within a reasonable time (Mont. Code Ann. § 70-24-406). Defendant is therefore entitled to rent abatement, repair-and-deduct setoff, or termination of the lease, and Plaintiff's eviction action is barred or offset accordingly.

3.5 Fifth Affirmative Defense — Failure of Essential Services

Plaintiff failed to supply running water, hot water, heat, electricity, gas, or other essential services in violation of Mont. Code Ann. § 70-24-407. Defendant is entitled to procure substitute housing and recover that cost as a setoff, or to recover damages and rent abatement.

3.6 Sixth Affirmative Defense — Retaliation

Plaintiff's eviction action is retaliatory and barred by Mont. Code Ann. § 70-24-431. Within six (6) months prior to the alleged termination, Defendant engaged in protected activity, including:

☐ Complained to a building or housing code-enforcement agency on or about [__/__/____];

☐ Provided written complaint to Plaintiff regarding habitability under Mont. Code Ann. § 70-24-303 on or about [__/__/____];

☐ Organized or became a member of a tenants' organization;

☐ Other protected activity: [________________________________].

The protected activity creates a rebuttable presumption that Plaintiff's eviction action is retaliatory. Plaintiff cannot meet the burden of rebutting this presumption.

3.7 Seventh Affirmative Defense — Discrimination (Montana HRA + federal FHA)

Plaintiff's eviction action is motivated, in whole or in part, by Defendant's protected status under the Montana Human Rights Act (Mont. Code Ann. § 49-2-305) and the federal Fair Housing Act (42 U.S.C. § 3601 et seq.). Specifically:

☐ Race / color: [____]

☐ Religion / creed: [____]

☐ Sex / gender: [____]

☐ National origin / ancestry: [____]

☐ Familial status (children, pregnancy): [____]

☐ Disability (physical or mental): [____]

☐ Marital status: [____]

☐ Age: [____]

☐ Source of income (where protected by local ordinance, e.g., Missoula): [____]

☐ Sexual orientation / gender identity (where protected by local ordinance): [____]

Defendant has filed / will file a complaint with the Montana Human Rights Bureau and/or HUD Office of Fair Housing.

3.8 Eighth Affirmative Defense — Failure to Provide Reasonable Accommodation / Modification

Plaintiff failed to provide a reasonable accommodation or modification required by Defendant's disability under the federal Fair Housing Amendments Act (42 U.S.C. § 3604(f)(3)) and the Montana Human Rights Act. Specifically: [DESCRIBE accommodation requested and Plaintiff's response]. The eviction is therefore unlawful.

3.9 Ninth Affirmative Defense — Self-Help / Wrongful Eviction (and basis for Counterclaim)

Plaintiff engaged in unlawful self-help eviction in violation of Mont. Code Ann. § 70-24-411 by:

☐ Changing the locks on or about [__/__/____];

☐ Shutting off utilities (electricity, water, gas, heat) on or about [__/__/____];

☐ Removing Defendant's personal property without court order;

☐ Threatening or attempting to remove Defendant by force;

☐ Other: [________________________________].

Defendant is entitled to actual damages plus three (3) months' rent, OR treble damages, whichever is greater, plus reasonable attorney fees, as set forth in the Counterclaims below.

3.10 Tenth Affirmative Defense — Wrongful Demand for Non-Rent Items

The 3-day pay-or-quit notice impermissibly demanded amounts that are not "rent" under the rental agreement (e.g., utilities, repair charges, damages, attorney fees), thereby invalidating the notice under Mont. Code Ann. § 70-24-422(1)(a).

3.11 Eleventh Affirmative Defense — Excessive / Unreasonable Late Fees

The late fees demanded are unreasonable and unenforceable as an unlawful penalty under Montana common law. Reasonable late fees in Montana are generally limited to $20 or 20% of monthly rent (whichever is greater); fees beyond this are not enforceable.

3.12 Twelfth Affirmative Defense — Federal Subsidized Housing — Lack of Good Cause

The Premises are subject to a federal housing subsidy (☐ Section 8 HCV / ☐ project-based Section 8 / ☐ public housing / ☐ USDA-RD / ☐ LIHTC), and Plaintiff failed to comply with federal "good cause" eviction requirements, including HUD-form notice and any required grievance procedure.

3.13 Thirteenth Affirmative Defense — Mobile Home Park Procedural Protections

The Premises are a mobile home lot governed by Mont. Code Ann. Title 70, Chapter 33. Plaintiff failed to comply with the longer notice periods and procedural protections required by that chapter, including: [________________________________].

3.14 Fourteenth Affirmative Defense — Lack of Standing / Capacity

Plaintiff lacks standing to bring this action because Plaintiff is not the owner of the Premises, is not the assignee of the rental agreement, or has not registered as required by local ordinance (e.g., Missoula or Bozeman rental registration).

3.15 Fifteenth Affirmative Defense — Local Ordinance Protections

The Premises are located within the City of [Missoula / Bozeman / other], which provides additional tenant protections by ordinance, including: [________________________________]. Plaintiff has not complied.

3.16 Sixteenth Affirmative Defense — Statute of Limitations / Laches

Plaintiff's claims, in whole or in part, are barred by the applicable statute of limitations or by laches.

3.17 Seventeenth Affirmative Defense — Waiver / Estoppel

Plaintiff waived the right to terminate the rental agreement by [accepting late rent without reservation / failing to enforce the lease term / other conduct], and is estopped from pursuing eviction.

3.18 Reservation of Defenses

Defendant reserves the right to plead additional affirmative defenses as discovery proceeds and as facts develop.

4. COUNTERCLAIMS

Defendant asserts the following counterclaims against Plaintiff pursuant to Mont. R. Civ. P. 13:

4.1 Counterclaim I — Self-Help Eviction (Mont. Code Ann. § 70-24-411)

4.1.1 Defendant incorporates Sections 1 through 3 by reference.

4.1.2 Plaintiff engaged in unlawful self-help eviction as alleged in Section 3.9 above.

4.1.3 Defendant has suffered actual damages including loss of personal property, lost work, alternative housing costs, emotional distress, and other damages.

4.1.4 Defendant is entitled to actual damages plus three (3) months' rent, OR treble damages, whichever is greater, plus reasonable attorney fees, pursuant to Mont. Code Ann. § 70-24-411.

4.2 Counterclaim II — Breach of Warranty of Habitability (§ 70-24-303 / § 70-24-406)

4.2.1 Defendant incorporates Sections 1 through 3 by reference.

4.2.2 Plaintiff has materially breached the duty to maintain the Premises in a fit and habitable condition.

4.2.3 Defendant is entitled to rent abatement, damages, repair-and-deduct setoff, and any other remedy available under Mont. Code Ann. § 70-24-406.

4.3 Counterclaim III — Wrongful Withholding of Security Deposit (§ 70-25-204)

4.3.1 Defendant incorporates Sections 1 through 3 by reference.

4.3.2 Plaintiff has wrongfully retained Defendant's security deposit (or wrongfully claims deductions).

4.3.3 Defendant is entitled to the full deposit, reasonable attorney fees, and any statutory penalty for bad-faith withholding under Mont. Code Ann. § 70-25-204.

4.4 Counterclaim IV — Retaliation (§ 70-24-431 / § 70-24-411)

4.4.1 Defendant incorporates Sections 1 through 3 by reference.

4.4.2 Plaintiff has retaliated against Defendant in violation of Mont. Code Ann. § 70-24-431.

4.4.3 Defendant is entitled to damages, attorney fees, and any other remedy available under § 70-24-411.

4.5 Counterclaim V — Discrimination (Montana HRA + federal FHA)

4.5.1 Defendant incorporates Sections 1 through 3 by reference.

4.5.2 Plaintiff's conduct constitutes housing discrimination in violation of Mont. Code Ann. § 49-2-305 and 42 U.S.C. § 3604.

4.5.3 Defendant is entitled to actual and compensatory damages, punitive damages, injunctive relief, and reasonable attorney fees.

5. PRAYER FOR RELIEF

WHEREFORE, Defendant respectfully prays that the Court:

A. DISMISS Plaintiff's Complaint with prejudice;

B. Enter judgment for Defendant on all counts of the Complaint;

C. Enter judgment for Defendant on Defendant's Counterclaims and award:

(i) actual damages in an amount to be proven at trial;
(ii) statutory damages of three (3) months' rent or treble damages (whichever is greater) under Mont. Code Ann. § 70-24-411;
(iii) compensatory damages, including damages for emotional distress and loss of housing;
(iv) punitive damages where authorized by statute;
(v) injunctive relief restoring possession (if Defendant has been unlawfully removed) and barring further self-help conduct;

D. Award rent abatement for periods during which Plaintiff breached the warranty of habitability;

E. Award return of all or part of the security deposit wrongfully withheld;

F. Award costs of suit, including filing fees and service-of-process costs;

G. Award reasonable attorney fees pursuant to Mont. Code Ann. § 70-24-442 (reciprocity), § 70-24-411, and § 70-25-204;

H. Award pre-judgment and post-judgment interest at the statutory rate; and

I. Grant such other and further relief as the Court deems just and equitable.

6. DEMAND FOR TRIAL BY JURY

Defendant DEMANDS TRIAL BY JURY on all issues so triable, pursuant to Mont. R. Civ. P. 38, the Justice Court Rules of Civil Procedure, the Montana Constitution Art. II, § 26, and the U.S. Constitution.

Defendant ☐ has paid / ☐ will tender the jury fee within the time required by court rule.

7. VERIFICATION

STATE OF MONTANA

COUNTY OF [____] ss.

I, [TENANT NAME], being first duly sworn upon oath, depose and state that I am the Defendant in the above-captioned matter; that I have read the foregoing Answer, Affirmative Defenses, and Counterclaims; and that the facts stated therein are true and correct to the best of my knowledge, information, and belief.

Signature: [________________________________]

Printed Name: [________________________________]

Subscribed and sworn to before me this [____] day of [_____________], [____].

Notary Public for the State of Montana

Residing at: [________________________________]

My commission expires: [__/__/____]

[NOTARY SEAL]

8. SIGNATURE AND CERTIFICATE OF SERVICE

Dated this [____] day of [_____________], [____].

Respectfully submitted,

☐ DEFENDANT PRO SE

OR

☐ [LAW FIRM NAME]

Signature: [________________________________]

[NAME], ☐ Defendant pro se / ☐ Bar No. [____]

Address: [________________________________]

Telephone: [________________________________]

Email: [________________________________]

CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____], I served a true and correct copy of the foregoing DEFENDANT'S ANSWER TO COMPLAINT FOR FORCIBLE ENTRY AND UNLAWFUL DETAINER, AFFIRMATIVE DEFENSES, COUNTERCLAIMS, AND JURY DEMAND on Plaintiff's counsel of record by:

☐ U.S. Mail, postage prepaid

☐ Hand delivery

☐ Email (with consent)

☐ Court e-filing system

☐ Other: [________________________________]

addressed to:

[PLAINTIFF'S COUNSEL NAME AND ADDRESS]

Signature: [________________________________]

Printed Name: [________________________________]

9. TENANT PRACTICE NOTES

File on time. The summons states the answer deadline. Justice Court typically requires answer within 10 days of service; District Court requires 21 days. Missing the deadline = automatic default judgment for the landlord. If you cannot meet the deadline, file a short answer (general denial + jury demand) and amend later.

Pay rent into court (if disputed). In some Montana courts, a tenant disputing rent may deposit the disputed rent with the court clerk pending the hearing. Confirm with the local court clerk; this protects against accidental waiver and demonstrates good faith.

Document everything. Keep a written log of:

• All habitability complaints made to the landlord (dates, copies)
• All habitability defects (photographs, videos with timestamps)
• All payments made (receipts, bank records)
• All communications (texts, emails, letters)
• Any retaliatory conduct (notice within 6 months of a complaint creates presumption)
• Any lockouts or utility shutoffs

Habitability — formalize the complaint. Mont. Code Ann. § 70-24-303 requires the landlord to maintain the Premises. To trigger statutory remedies under § 70-24-406, the tenant must give written notice of the defect and a reasonable time (generally 14 days) to repair. Verbal complaints are insufficient.

Repair-and-deduct. Mont. Code Ann. § 70-24-406. After written notice and reasonable time without repair, the tenant may have the work done and deduct the cost from rent (subject to statutory caps). Get receipts. This may be a defense to nonpayment.

Self-help damages are substantial. Mont. Code Ann. § 70-24-411 entitles the tenant to actual damages plus three months' rent OR treble damages, whichever is greater, plus attorney fees, if the landlord engages in self-help (lockout, utility shutoff, etc.).

Discrimination — file a parallel administrative complaint. Filing with the Montana Human Rights Bureau (Mont. Code Ann. § 49-2-501) or HUD (within 1 year of the discriminatory act) preserves administrative remedies and can result in concurrent investigation.

Reasonable accommodation / modification. If the eviction relates to disability-connected conduct (assistance animal, parking, schedule, hoarding tied to disability, etc.), the tenant has a right to request reasonable accommodation. The request can be a complete defense.

Subsidized housing. If you are in Section 8 HCV, project-based Section 8, public housing, USDA-RD, or LIHTC housing, federal "good cause" rules and HUD-form procedural protections apply. Verify the landlord has complied.

Local ordinances. Missoula, Bozeman, and some other Montana cities have additional tenant protections (e.g., source of income protection, registration requirements, lead disclosures). Verify your municipal code.

Counterclaim leverage. Tenants frequently win or settle by asserting counterclaims (habitability damages, security deposit return, self-help damages). Counterclaims may also push the case above $15,000, transferring it from Justice Court to District Court (which can favor a tenant who needs more procedural protection).

Appeal de novo. Mont. Code Ann. § 25-33-301. If you lose in Justice Court, you may appeal to District Court within 30 days, and the appeal is heard de novo (a new trial). To stay enforcement, you typically must post a supersedeas bond.

Free legal help.

• Montana Legal Services Association: 1-800-666-6899; mtlsa.org
• Montana Lawhelp: montanalawhelp.org/issues/housing/evictions
• Montana Fair Housing: 1-800-929-2611; montanafairhousing.org
• State Bar of Montana Lawyer Referral Service: 1-406-449-6577

10. SOURCES AND REFERENCES

• Mont. Code Ann. Title 70, Chapter 24 (Residential Landlord and Tenant Act): https://mca.legmt.gov/bills/mca/title_0700/chapter_0240/parts_index.html
• Mont. Code Ann. § 70-24-303 (Landlord's duty to maintain): https://archive.legmt.gov/bills/mca/title_0700/chapter_0240/part_0030/section_0030/0700-0240-0030-0030.html
• Mont. Code Ann. § 70-24-406 (Tenant remedy for noncompliance): https://mca.legmt.gov/bills/mca/title_0700/chapter_0240/part_0040/section_0060/0700-0240-0040-0060.html
• Mont. Code Ann. § 70-24-411 (Self-help eviction prohibited): https://archive.legmt.gov/bills/mca/title_0700/chapter_0240/part_0040/section_0110/0700-0240-0040-0110.html
• Mont. Code Ann. § 70-24-422 (Tenant noncompliance): https://mca.legmt.gov/bills/mca/title_0700/chapter_0240/part_0040/section_0220/0700-0240-0040-0220.html
• Mont. Code Ann. § 70-24-431 (Retaliation prohibited): https://archive.legmt.gov/bills/mca/title_0700/chapter_0240/part_0040/section_0310/0700-0240-0040-0310.html
• Mont. Code Ann. § 70-24-441 (Termination by notice): https://mca.legmt.gov/bills/mca/title_0700/chapter_0240/part_0040/section_0410/0700-0240-0040-0410.html
• Mont. Code Ann. § 70-24-442 (Attorney fees — reciprocity): https://mca.legmt.gov/bills/mca/title_0700/chapter_0240/part_0040/section_0420/0700-0240-0040-0420.html
• Mont. Code Ann. Title 70, Chapter 25 (Security Deposits): https://mca.legmt.gov/bills/mca/title_0700/chapter_0250/parts_index.html
• Mont. Code Ann. Title 70, Chapter 27 (Forcible Entry and Detainer): https://archive.legmt.gov/bills/mca/title_0700/chapter_0270/parts_index.html
• Mont. Code Ann. Title 70, Chapter 33 (Mobile Home Lot Rental Act): https://mca.legmt.gov/bills/mca/title_0700/chapter_0330/parts_index.html
• Mont. Code Ann. § 49-2-305 (Montana Human Rights Act — housing): https://mca.legmt.gov/bills/mca/title_0490/chapter_0020/part_0030/section_0050/0490-0020-0030-0050.html
• Mont. Code Ann. Title 25, Chapter 33 (Appeals from Justice Court): https://mca.legmt.gov/bills/mca/title_0250/chapter_0330/parts_index.html
• Mont. R. Civ. P.: https://courts.mt.gov/Courts/Supreme/rules
• Montana Courts — Landlord-Tenant Forms: https://courts.mt.gov/Forms/landlord
• Montana Lawhelp — Eviction Resources: https://www.montanalawhelp.org/issues/housing/evictions
• Montana Lawhelp — Writs of Assistance and Possession: https://www.montanalawhelp.org/resource/writs-assistance-and-possession-evictions
• Montana Legal Services Association: https://www.mtlsa.org/
• Montana Fair Housing: https://www.montanafairhousing.org/
• Montana Human Rights Bureau: https://erd.dli.mt.gov/human-rights
• HUD Office of Fair Housing: https://www.hud.gov/program_offices/fair_housing_equal_opp
• City of Missoula Fair Housing: https://www.ci.missoula.mt.us/3093/Fair-Housing

END OF ANSWER