District Court dismissed Swensonls claims and held that Swenson
failed to provide necessary services and that his attempt to evict
was in retaliation for Jankesl notice and for participation in a
tenants1 association. The District Court awarded Jankes three
months1 rent as damages, and awarded them their attorney fees.
Swenson appeals that decision. We affirm the judgment of the
District Court.
We restate the issues on appeal as follows:
1. Was the District Court's finding of retaliatory conduct
clearly erroneous?
2. Did the District Court err when it awarded damages equal
to three months1 rent pursuant to § 70-24-311,MCA?
3. Was Swenson entitled to terminate Jankesl tenancy without
cause pursuant to § 70-24-441,MCA?
4. Did the District Court abuse its discretion when it
awarded $4775 to Jankes for their attorney fees?
FACTUAL BACKGROUND
In February 1993, Swenson, the operator of Lexley Acres Mobile
Park in Belgrade, Montana, served Jankes with a "Notice to Quit and
Notice Terminating Tenancy" in an effort to evict them from the
mobile home pad they had rented from him on a month-to-month basis
since 1986.
Jankes, however, alleged that prior to receipt of the notice
they had endured various illegal conditions on the premises,
including an inadequate water supply, an overflowing garbage
receptacle, raw sewage underneath their mobile home and on the
ground adjacent to their mobile home, and a "burn pile" next to
their mobile home which created a smoky and unsafe condition.
On July 8, 1992, Jankes had notified Swenson of the above
conditions pursuant to 5 70-24-406, MCA. In the notice, they
stated that because of the conditions, Swenson was in violation of
5 70-24-303, MCA, which requires landlords to maintain their
premises. They also demanded that he remedy the problems within
fourteen days from the date of the notice, however, they allege
that he failed to do so.
In November 1992, Jankes joined a tenants association, and in
January 1993, Alice Janke, as a member of the tenants1 association
for Swenson's mobile home park, appeared before the legislature and
testified in support of an amendment to the Landlord and Tenant Act
which related to the operation of mobile home parks. The
amendment, which subsequently became law, limited the ability of
landlords to evict tenants.
On February 4, 1993, approximately two weeks after the hearing
which Alice Janke and Swenson attended, Swenson attempted to retake
possession of Jankesl space and terminate their tenancy. He served
a notice of termination followed by a complaint in Justice Court
after they failed to vacate. In his complaint, he alleged that
they were unlawfully in possession of the property they leased from
him.
Jankes counterclaimed and asserted that Swenson violated the
Landlord and Tenant Act when he failed to provide necessary
services and when he took retaliatory action. They requested
attorney fees and damages equal to the greater of three months1
rent or treble damages. They also requested dismissal of his
complaint.
In Justice Court, the parties stipulated that a judgment would
be entered against Swenson for Jankes' attorney fees in the amount
of $350, and that Swenson would be allowed a denovo appeal to the