Cal. Civ. Code § 70-24-425

Failure Of Tenant To Maintain Dwelling -- Landlord's Right To Enter And Repair

In Force
Verified 10/22/2026 · Next check 11/21/2026
effective 10/22/2026MontanaRepair and Deduct

Operative Text

Cal. Civ. Code § 70-24-425
If there is noncompliance by the tenant with 70-24-321 affecting health and safety that can be remedied by repair, replacement of a damaged item, or cleaning and the tenant fails to comply as promptly as conditions require in case of emergency or within 14 days after written notice by the landlord specifying the breach and requesting that the tenant remedy it within that period of time, the landlord may enter the dwelling unit and cause the work to be done in a workmanlike manner and submit an itemized bill for the actual and reasonable cost, the fair and reasonable cost, or the fair and reasonable value thereof as rent on the next date periodic rent is due or, if the rental agreement has terminated, for immediate payment.
Source: Legislative text reproduced verbatim
Plain English

Montana Code § 70-24-425 addresses situations where a tenant has failed to meet the maintenance and cleanliness obligations set out in § 70-24-321 in a way that affects health and safety. If the tenant does not correct the problem within 14 days of receiving written notice from the landlord (or sooner in an emergency), the landlord is permitted to enter the unit and have the necessary repair, replacement, or cleaning done in a workmanlike manner. The landlord may then bill the tenant for the actual, reasonable cost of that work, adding it to the next rent payment due or demanding immediate payment if the tenancy has already ended.

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

Plain English — not legal advice.

For Property Managers

Under § 70-24-425, a landlord who observes a health-and-safety violation tied to tenant maintenance obligations generally provides written notice that specifically identifies the breach and sets a 14-day cure period before taking any remedial action — or acts more quickly when an emergency demands it. When the tenant does not remedy the issue in time, a compliant operator arranges for the work to be completed in a workmanlike manner and prepares an itemized bill reflecting the actual and reasonable cost. That bill is typically applied as additional rent on the next due date, or demanded immediately if the rental agreement has already ended.

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

For Tenants

Section § 70-24-425 establishes that a landlord's right to enter and repair is conditional — it is triggered only after written notice identifying a specific health-and-safety breach under § 70-24-321 and a 14-day opportunity to fix it (or an emergency situation). Tenants have the right to receive an itemized bill showing the actual and reasonable costs before those charges are treated as rent. Tenants who believe a landlord has entered without proper notice, performed unnecessary work, or charged unreasonable amounts may wish to review their rights with a local tenant-rights organization or legal aid office familiar with Montana 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.

Effective Timeline

Current
Oct 22, 2026
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References Out

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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

§ 127L
Repairs by tenants of residential premises to cure violations; reimbursement for cost
§ 47a-13
Failure of landlord to supply essential services. Tenant's remedies.
§ 5-3-7-3
SELF-HELP FOR MINOR DEFECTS AND RENT WITH-HOLDINGS

Source Information