Cal. Civ. Code § 70-24-203

Agreement Not To Permit Receipt Of Rent Free Of Obligation

In Force
Verified 10/22/2026 · Next check 11/21/2026
effective 10/22/2026MontanaProhibited Clauses

Operative Text

Cal. Civ. Code § 70-24-203
A rental agreement or a document related thereto may not permit the receipt of rent free of the obligation to comply with 70-24-303 .
Source: Legislative text reproduced verbatim
Plain English

Mont. Code Ann. § 70-24-203 establishes that no rental agreement or related document can be used to waive a landlord's duty to maintain the property in compliance with the habitability and maintenance standards set out in § 70-24-303. In other words, a clause that would allow a landlord to collect rent without meeting those baseline obligations is legally unenforceable in Montana. The rule preserves the connection between rent payment and the landlord's duty to provide a habitable dwelling, regardless of what any lease document says.

Written by anthropic/claude-sonnet-4.6 · Reviewed on October 22, 2026

Plain English — not legal advice.

For Property Managers

Under Mont. Code Ann. § 70-24-203, compliant property operators do not include lease clauses or addenda that purport to release them from the maintenance and habitability obligations found in § 70-24-303 in exchange for reduced rent or any other consideration. Operators generally review their lease templates to ensure no language could be read as a waiver of those statutory duties. Because such clauses are void under Montana law, relying on them to justify deferred maintenance or reduced upkeep creates significant exposure.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

Mont. Code Ann. § 70-24-203 means that even if a lease contains language suggesting a tenant agreed to accept substandard conditions or waive the landlord's maintenance duties, that language is not enforceable under Montana law. Tenants who encounter habitability issues may be able to raise this provision as a defense if a landlord claims the lease excused noncompliance with § 70-24-303. Tenant-rights organizations in Montana can help residents understand what remedies may be available when a landlord attempts to rely on such a clause.

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

Current
Oct 22, 2026
Click on timeline segments to view historical versions.

References Out

No outbound references recorded yet for this provision.

References In

Rules and statutes that cite this regulation

Mont. Code Ann. § 70-24-426
Mont. Code Ann. § 70-24-311
Mont. Code Ann. § 70-24-108
Mont. Code Ann. § 70-24-321
Mont. Code Ann. § 70-24-302
Mont. Code Ann. § 70-24-406
Mont. Code Ann. § 70-24-406
Mont. Code Ann. § 70-24-441
Mont. Code Ann. § 70-24-108
Mont. Code Ann. § 70-24-427
Mont. Code Ann. § 70-24-108
Mont. Code Ann. § 70-24-427
Mont. Code Ann. § 70-24-108
Mont. Code Ann. § 70-24-441
Mont. Code Ann. § 70-24-321
Mont. Code Ann. § 70-24-303
Mont. Code Ann. § 70-24-411
Mont. Code Ann. § 70-24-405

Related Rules

§ 28
Waivers of Secs. 23 to 27 void and unenforceable
§ 966.6
§ 966.6 Prohibited lease provisions.
§ 12
Stay of proceedings; validity of waiver in lease

Source Information