Cal. Civ. Code § 70-24-201
Rental Agreement -- Terms And Conditions
Operative Text
(1) A landlord and a tenant may include in a rental agreement terms and conditions not prohibited by this chapter or other rule or law, including rent, term of the agreement, and other provisions governing the rights and obligations of the parties. (2) Unless the rental agreement provides otherwise: (a) the tenant shall pay as rent the rental value for the use and occupancy of the dwelling unit as determined by the landlord; (b) rent is payable at the landlord's address or using electronic funds transfer to an account designated for the payment of rent by the landlord; (c) periodic rent is payable at the beginning of a term of a month or less and otherwise in equal monthly installments at the beginning of each month; (d) rent is uniformly apportionable from day to day; (e) the tenancy is week to week in the case of a roomer who pays weekly rent and in all other cases month to month; and (f) if either party terminates the rental agreement without cause prior to the expiration date of the lease term, the aggrieved party is entitled to monetary damages up to 1 month's rent or an amount that is agreed on in the rental agreement, which may not exceed 1 month's rent. Landlords shall follow 70-24-426 (3) and are entitled to rent from defaulting tenants up to the date a new tenancy starts or the date the rental agreement term expires. (3) Rent is payable without demand or notice at the time and place agreed upon by the parties or provided for by subsection (2). (4) A landlord may not charge an additional fee based on rent payment type except to recoup an electronic bank fee incurred for electronic payment.
Mont. Code Ann. § 70-24-201 establishes the framework for what a Montana rental agreement may contain and sets default rules that apply when the agreement is silent on a particular topic. Default rules cover matters such as where and when rent is due, how tenancy periods are classified, and how rent is prorated on a daily basis. If either party ends a fixed-term lease early without cause, the other party may seek monetary damages capped at one month's rent. Landlords are also prohibited from charging extra fees based on how a tenant chooses to pay rent, with a narrow exception allowing recovery of actual electronic bank fees.
Plain English — not legal advice.
Under Mont. Code Ann. § 70-24-201, operators who use written rental agreements have flexibility to customize payment terms, lease duration, and other conditions, provided those terms do not conflict with Montana law. When an agreement is silent, rent defaults to being due at the beginning of each rental period and payable at the landlord's address or a designated electronic account — so compliant operators typically specify these details clearly in writing to avoid ambiguity. Landlords who experience a tenant's early termination without cause may pursue damages up to one month's rent, but must also follow the mitigation obligations in § 70-24-426(3) and may only collect rent through the date a new tenancy begins or the original term expires. Charging tenants a surcharge for paying by a particular method is not permitted beyond recovering an actual electronic bank fee.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Mont. Code Ann. § 70-24-201 sets out default protections that apply to Montana renters even when a lease does not address every situation, including rules on when and where rent is owed and how tenancy periods are classified. If a landlord terminates a fixed-term agreement early without cause, a tenant may be entitled to monetary damages of up to one month's rent under this provision. Tenants who believe a landlord is improperly charging fees based on payment type — beyond a pass-through of actual electronic bank fees — may wish to review this section, document the charges, and consider reaching out to a Montana tenant-rights organization or the Montana Department of Justice for guidance on available remedies.
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.
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