Cal. Civ. Code § 70-24-404
Unconscionability -- Court Discretion To Refuse Enforcement
Operative Text
(1) Except as provided in subsection (2), if the court, as a matter of law, finds that: (a) a rental agreement or any provision of the rental agreement is unconscionable, the court may refuse to enforce the agreement or enforce the remainder of the agreement without the unconscionable provision to avoid an unconscionable result; or (b) a settlement in which a party waives or agrees to forego a claim or right under this chapter or under a rental agreement is unconscionable, the court may refuse to enforce the settlement, enforce the remainder of the settlement without the unconscionable provision, or limit the application of any unconscionable provision to avoid an unconscionable result. (2) A finding pursuant to subsection (1) may not be made based on a responsibility outlined in a rental agreement that: (a) a tenant maintain a dwelling unit in accordance with 70-24-321 ; or (b) a landlord maintain the premises in accordance with 70-24-303 . (3) If unconscionability is put into issue by a party or by the court upon its own motion, the parties shall be afforded a reasonable opportunity to present evidence as to the setting, purpose, and effect of the rental agreement or settlement to aid the court in making the determination.
Mont. Code Ann. § 70-24-404 gives Montana courts the authority to decline to enforce a rental agreement—or specific clauses within one—if a judge determines, as a matter of law, that those terms are unconscionable. Courts may also refuse to enforce unconscionable settlement agreements in which a party waived rights under Montana's residential landlord-tenant law, or may simply strike the offending clause and enforce the rest. Importantly, a court cannot use this provision to void a clause that simply requires a tenant to maintain their unit under § 70-24-321 or a landlord to maintain the premises under § 70-24-303. When unconscionability is raised, all parties must be given a fair chance to present evidence about the context, purpose, and effect of the agreement.
Plain English — not legal advice.
Under Mont. Code Ann. § 70-24-404, property owners and managers generally review their lease agreements to ensure no clause is so one-sided or oppressive that a court could find it unconscionable and refuse to enforce it. Compliant operators typically draft lease terms that are clear, mutually fair, and consistent with Montana's residential landlord-tenant statutes, reducing the risk that a court would strike individual provisions. Notably, clauses requiring tenants to maintain their units per § 70-24-321 or requiring landlords to maintain premises per § 70-24-303 are expressly protected from an unconscionability finding under this section.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Mont. Code Ann. § 70-24-404 provides tenants with a legal avenue to challenge rental agreement terms or settlement agreements that are grossly unfair or one-sided, by raising unconscionability as an issue before a Montana court. If a tenant raises this issue—or if the court raises it on its own—both parties must be given a reasonable opportunity to present evidence about the circumstances and intent behind the agreement. Tenants who believe a lease clause or a settlement they signed may be unconscionable can explore this issue by consulting a tenant-rights organization or a licensed Montana attorney familiar with residential landlord-tenant law.
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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