Cal. Civ. Code § 70-24-321
Tenant To Maintain Dwelling Unit
Operative Text
(1) A tenant shall: (a) comply with all obligations primarily imposed upon tenants by applicable provisions of building and housing codes materially affecting health and safety; (b) keep that part of the premises that the tenant occupies and uses as reasonably clean and safe as the condition of the premises permits; (c) dispose from the dwelling unit all ashes, garbage, rubbish, and other waste in a clean and safe manner; (d) keep all plumbing fixtures in the dwelling unit or used by the tenant as clean as their condition permits; (e) use in a reasonable manner all electrical, plumbing, sanitary, heating, ventilating, air-conditioning, and other facilities and appliances, including elevators, in the premises; (f) conduct oneself and require other persons on the premises with the tenant's consent to conduct themselves in a manner, that will not disturb the tenant's neighbors' peaceful enjoyment of the premises; and (g) use the parts of the premises, including the living room, bedroom, kitchen, bathroom, and dining room, in a reasonable manner, considering the purposes for which they were designed and intended. This section does not preclude the right of the tenant to operate a limited business or cottage industry on the premises, subject to state and local laws, if the landlord has consented in writing. The landlord may not unreasonably withhold consent if the limited business or cottage industry is operated within reasonable rules of the landlord. (2) A tenant may not destroy, deface, damage, impair, or remove any part of the premises or permit any person to do so. (3) A tenant may not engage or knowingly allow any person to engage in any activity on the premises that creates a reasonable potential that the premises may be damaged or destroyed or that neighboring tenants may be injured, including but not limited to any of the following activities: (a) criminal production or manufacture of dangerous drugs as prohibited by 45-9-110 ; (b) operation of an unlawful clandestine laboratory as prohibited by 45-9-132 ; (c) gang-related activities as prohibited by Title 45, chapter 8, part 4; (d) unlawful possession of a firearm, explosive, or hazardous or toxic substance; or (e) any activity that is otherwise prohibited by law.
Mont. Code Ann. § 70-24-321 establishes a set of affirmative duties and prohibitions for tenants regarding the condition and use of their dwelling unit. Tenants are required to keep their space reasonably clean and safe, properly dispose of waste, maintain plumbing fixtures, use all building systems responsibly, and avoid disturbing neighbors. The provision also prohibits tenants from damaging the premises or allowing activities—such as drug manufacturing, gang-related conduct, or unlawful possession of weapons or hazardous materials—that could damage the property or injure others.
Plain English — not legal advice.
Under Mont. Code Ann. § 70-24-321, compliant property operators generally document the condition of a unit at move-in and move-out to establish a baseline against which tenant-caused damage or neglect can be measured. Operators typically maintain records of any written consent given for a tenant to operate a limited business or cottage industry on the premises, as the statute requires such consent to be in writing and prohibits unreasonably withholding it. When a tenant's conduct appears to violate the cleanliness, damage, or prohibited-activity provisions of this section, operators generally issue written notices consistent with Montana's landlord-tenant notice requirements before pursuing further remedies.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Mont. Code Ann. § 70-24-321 outlines the responsibilities tenants carry for maintaining their unit, using building systems properly, and ensuring that guests do not engage in prohibited or destructive activities on the premises. Tenants who believe a landlord is unreasonably withholding written consent for a lawful limited business or cottage industry may have grounds to raise that refusal as a relevant issue under this section. Tenants with questions about how these obligations interact with their broader rights under Montana law can consult a local tenant-rights organization or legal aid office for general guidance.
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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