Cal. Civ. Code § 70-24-422
Noncompliance Of Tenant Generally -- Landlord's Right Of Termination -- Damages -- Injunction
Operative Text
(1) Except as provided in this chapter, if there is a noncompliance by the tenant with the rental agreement or a noncompliance with 70-24-321 , the landlord may deliver a written notice to the tenant pursuant to 70-24-108 specifying the acts and omissions constituting the noncompliance, that the rental agreement will terminate, and that the tenant shall vacate the premises on a date specified in the notice not less than the minimum number of days after receipt of the notice provided for in this section. The rental agreement terminates and the tenant shall vacate the premises as provided in the notice, subject to the following: (a) If the noncompliance is remediable by repairs, the payment of damages, or written approval of the landlord and the tenant remedies the noncompliance before the date specified in the notice, the rental agreement does not terminate. (b) If the noncompliance involves an unauthorized pet, the notice period is 3 days. (c) If the noncompliance involves unauthorized persons residing in the rental unit, the notice period is 3 days. (d) If the noncompliance is not listed in subsection (1)(b), (1)(c), or (1)(f), the notice period is 14 days. (e) If substantially the same act or omission that constituted a prior noncompliance of which notice was given recurs within 6 months, the landlord may terminate the rental agreement upon at least 5 days' written notice specifying the noncompliance and the date of the termination of the rental agreement. (f) If the noncompliance is from verbal abuse of the landlord by a tenant, the landlord may terminate the rental agreement on giving 3 days' written notice. If the tenant adequately remedies the noncompliance, the rental agreement does not terminate. (2) If rent is unpaid when due and the tenant fails to pay rent within 3 days after written notice by the landlord of nonpayment and the landlord's intention to terminate the rental agreement if the rent is not paid within that period, the landlord may terminate the rental agreement, and the tenant shall vacate the premises if the landlord terminates the rental agreement. (3) If the tenant destroys, defaces, damages, impairs, or removes any part of the premises in violation of 70-24-321 (2), the landlord may terminate the rental agreement upon giving 3 days' written notice specifying the noncompliance under the provisions of 70-24-321 (2), and the tenant shall vacate the premises if the landlord terminates the rental agreement. (4) If the tenant creates a reasonable potential that the premises may be damaged or destroyed or that neighboring tenants may be injured in violation of 70-24-321 (3), the landlord may terminate the rental agreement upon giving 3 days' written notice specifying the violation and noncompliance under the provisions of 70-24-321 (3), and the tenant shall vacate the premises if the landlord terminates the rental agreement. (5) Except as provided in this chapter, the landlord may recover actual damages and obtain injunctive relief for any noncompliance by the tenant with the rental agreement or 70-24-321 . Except as provided in subsection (6), if the tenant's noncompliance is purposeful, the landlord may recover treble damages. (6) Treble damages may not be recovered for the tenant's early termination of the tenancy. (7) The landlord is not bound by this section in the event that the landlord elects to use the 30-day notice for termination of tenancy as provided in 70-24-441 .
Mont. Code Ann. § 70-24-422 establishes the process by which a landlord may terminate a rental agreement when a tenant fails to comply with the lease or with the tenant-obligations statute at § 70-24-321. Depending on the type of noncompliance—such as an unauthorized pet, unauthorized occupants, verbal abuse, property damage, or unpaid rent—the required written notice period ranges from 3 to 14 days, and in many cases the tenant may cure the problem before the deadline to prevent termination. Beyond termination, the law also allows a landlord to seek actual damages and, where a tenant's noncompliance is found to be purposeful, up to treble (triple) damages, with the exception that treble damages are not available for early lease termination.
Plain English — not legal advice.
Under Mont. Code Ann. § 70-24-422, compliant operators generally deliver written notice that clearly identifies the specific acts or omissions constituting the noncompliance, states that the agreement will terminate, and specifies the correct vacate date based on the type of violation—3 days for unauthorized pets, unauthorized occupants, verbal abuse, property damage, or dangerous conditions, and 14 days for other remediable violations. Operators also typically track prior notices carefully, because § 70-24-422(1)(e) allows a shortened 5-day notice if substantially the same violation recurs within six months of a prior noticed noncompliance. When a tenant remedies a curable violation before the notice deadline, the rental agreement does not terminate, so maintaining clear documentation of whether and when a cure occurred is a standard part of the process.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Mont. Code Ann. § 70-24-422 gives tenants the right to cure many types of noncompliance—such as removing an unauthorized pet or paying overdue rent—before the deadline stated in the landlord's written notice, which stops the termination from taking effect. Tenants who believe a notice was improperly issued, used the wrong notice period, or failed to meet the delivery requirements of § 70-24-108 may be able to raise those deficiencies as a defense in any subsequent eviction proceeding. Tenant-rights organizations in Montana can help individuals understand whether a particular notice complies with § 70-24-422 and what general options exist for responding.
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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