Cal. Civ. Code § 70-24-423
Waiver Of Landlord's Right To Terminate For Breach
Operative Text
Acceptance by the landlord of full payment of rent due is a waiver of a claimed breach of a rental agreement only when the claimed breach is the nonpayment of rent. Acceptance of full payment of rent due when a claimed breach is something other than the nonpayment of rent does not constitute a waiver of any right. The acceptance of partial payment of rent due does not constitute a waiver of any right, including rent due.
Under Mont. Code Ann. § 70-24-423, a landlord's acceptance of full rent payment wipes out only one specific type of lease violation claim: nonpayment of rent. If the landlord alleges a different kind of breach—such as a lease-term violation or property damage—accepting full rent does not forfeit the landlord's right to pursue that claim. Similarly, accepting a partial rent payment never constitutes a waiver of any right, including the right to collect the remaining rent owed.
Plain English — not legal advice.
Under Mont. Code Ann. § 70-24-423, operators who accept full rent while a non-payment-related breach is pending generally retain their right to act on that breach. Compliant property managers typically document ongoing lease violations separately from rent collection activity so that accepting a rent check cannot later be characterized as overlooking the problem. When only partial rent is tendered, accepting it does not waive the right to pursue the unpaid balance or any other claimed violation.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Mont. Code Ann. § 70-24-423 affects how tenants' rent payments interact with a landlord's claimed lease violations. If a landlord accepts your full rent payment, that acceptance only resolves a nonpayment-of-rent claim—it does not necessarily close out other alleged breaches the landlord may be pursuing. Tenants who believe a landlord is improperly pursuing a waived claim may wish to consult a tenant-rights organization or legal aid provider familiar with Montana landlord-tenant law for general information about their options.
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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