Cal. Civ. Code § 70-24-104
Exclusions From Application Of Chapter
Operative Text
Unless created to avoid the application of this chapter, the following arrangements are not governed by this chapter: (1) residence at a public or private institution if incidental to detention or the provision of medical, geriatric, educational, counseling, religious, or similar service, including all housing provided by the Montana university system and other postsecondary institutions; (2) occupancy under a contract of sale of a dwelling unit or the property of which it is a part if the occupant is the purchaser or a person who succeeds to the purchaser's interest; (3) occupancy by a member of a fraternal or social organization in the portion of a structure operated for the benefit of the organization; (4) transient occupancy in a hotel or motel; (5) occupancy by an owner of a condominium unit or a holder of a proprietary lease in a cooperative; (6) occupancy under a rental agreement covering premises used by the occupant primarily for commercial or agricultural purposes; (7) occupancy by an employee of a landlord whose right to occupancy is conditional upon employment in and about the premises; and (8) occupancy outside a municipality under a rental agreement that includes hunting, fishing, or agricultural privileges, along with the use of the dwelling unit.
Mont. Code Ann. § 70-24-104 identifies eight categories of living arrangements that fall outside Montana's Residential Landlord and Tenant Act, provided the arrangement was not deliberately structured to dodge the law's protections. These exclusions cover situations such as institutional residences, owner-occupant purchase contracts, fraternal organization housing, hotel and motel stays, condominium ownership, primarily commercial or agricultural leases, employer-tied housing, and rural rentals bundled with hunting, fishing, or agricultural rights. When a living situation fits one of these categories, the rights and obligations created by the broader chapter do not apply to that arrangement.
Plain English — not legal advice.
Property owners and managers operating in one of the eight categories listed in Mont. Code Ann. § 70-24-104 — such as employer-provided housing tied to job duties, hotel or motel accommodations, or rural leases that bundle dwelling use with hunting or agricultural privileges — generally do not structure their agreements under the residential landlord-tenant framework that the chapter otherwise requires. Compliant operators are careful to ensure that any excluded arrangement genuinely reflects its stated purpose and is not crafted primarily to sidestep tenant protections, since the statute explicitly preserves coverage for arrangements created to avoid the chapter. Keeping clear documentation of the nature of the occupancy — employment conditions, institutional affiliation, commercial use, or bundled privileges — supports the legitimacy of the exclusion.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
If you live in a situation that might fall under one of the eight exclusions in Mont. Code Ann. § 70-24-104 — for example, housing tied to your employment, a college dormitory, or a rural rental that includes hunting or fishing rights — the standard protections of Montana's residential landlord-tenant law may not apply to your arrangement. However, the statute contains an important anti-avoidance rule: if an arrangement was structured specifically to strip away tenant protections rather than for a genuine independent purpose, the chapter's protections can still apply. Tenants who believe their housing was misclassified to avoid the law's coverage may find it useful to consult a tenant-rights organization or legal aid office familiar with Montana housing law for general information about their situation.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 22, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
Effective Timeline
References Out
No outbound references recorded yet for this provision.
References In
Rules and statutes that cite this regulation