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Billings, MT asked in Landlord - Tenant, Civil Rights, Domestic Violence and Real Estate Law for Montana

Q: How can I stop a landlord from harassing elderly tenants after eviction notice?

I live with two elderly, mentally handicapped people who have been in their home for 8 years. The woman's husband passed away 8 months ago where we live. The property was sold 2 months ago, and we received a 60-day eviction notice from the trailer court. The new owner of the home, not the trailer court, has visited twice and harassed the tenants about vacating the premises. What legal steps can I take to stop the new landlord from harassing these individuals?

1 Lawyer Answer
James L. Arrasmith
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Answered

A: If the new landlord is repeatedly visiting the property and confronting the tenants in a way that causes fear, confusion, or distress, that behavior may qualify as harassment under tenant protection laws. The elderly residents—especially if they are mentally handicapped—are entitled to live in peace and dignity without being intimidated or pressured. Even with a valid eviction notice, the landlord cannot use threats or harassment to force them out.

You should begin by documenting every instance of the landlord's contact: dates, times, what was said, and who was present. If possible, take photos, save voicemails or texts, and ask any witnesses to provide written statements. This documentation will be essential if legal intervention becomes necessary. If the harassment continues, you can file a complaint with local housing authorities or fair housing agencies. Depending on the state, tenants can also request a restraining order against a landlord who is behaving inappropriately.

You may also send a formal cease-and-desist letter to the landlord, demanding that they stop all direct contact and conduct communications through writing or through a legal representative. Elder abuse statutes may offer additional protection in cases involving elderly or vulnerable adults. Ultimately, if the harassment escalates or continues despite notice, you may petition the court for a protective order or file a civil complaint for tenant harassment and emotional distress.

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