Cal. Civ. Code § 70-24-202
Prohibited Provisions In Rental Agreements
Operative Text
A rental agreement may not provide that a party: (1) agrees to waive or forego rights or remedies under this chapter; (2) authorizes any person to confess judgment on a claim arising out of the rental agreement; (3) agrees to the exculpation or limitation of liability resulting from the other party's purposeful misconduct or negligence or to indemnify the other party for that liability or the costs or attorney fees connected with that liability; or (4) must provide an electronic mail address as a condition of entering into the agreement. However, a party may voluntarily provide an electronic mail address if the agreement contains a provision allowing a party to elect to receive notice by electronic mail.
Mont. Code Ann. § 70-24-202 identifies four types of clauses that Montana law prohibits from appearing in residential rental agreements. No rental agreement can strip either party of the rights and remedies provided by Montana's Residential Landlord and Tenant Act, allow a confession of judgment on claims arising from the tenancy, shield either party from liability for their own intentional wrongdoing or negligence, or require a party to supply an email address as a precondition of signing the lease. A party may still voluntarily share an email address if the agreement separately offers an opt-in option for electronic notices.
Plain English — not legal advice.
Property owners and managers operating under Mont. Code Ann. § 70-24-202 generally review lease templates to ensure none of the four prohibited clause types appear before presenting agreements to prospective tenants. Compliant operators do not include exculpatory language that would limit their own liability for negligence or intentional misconduct, and they do not make email addresses a mandatory field on any application or lease form. If electronic communication is desired, a compliant lease offers it as a voluntary, opt-in election rather than a requirement.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Mont. Code Ann. § 70-24-202 gives tenants a basis to challenge lease clauses that waive statutory rights, confess judgment, limit a landlord's liability for negligence or intentional harm, or mandate an email address as a condition of renting. If a rental agreement contains one of these prohibited provisions, a tenant may raise the clause's invalidity as a defense in a dispute or bring the concern to a local tenant-rights organization for guidance. Montana courts have authority to treat such prohibited clauses as unenforceable, meaning the rest of the agreement may still stand even if an offending provision is struck.
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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