Cal. Civ. Code § 70-24-429
Holdover Remedies -- Consent To Continued Occupancy -- Tenant's Response To Service In Action For Possession
Operative Text
(1) If the tenant remains in possession without the landlord's consent after expiration of the term of the rental agreement or its termination, the landlord may bring an action for possession. (2) If the term is longer than month-to-month and the landlord terminates the rental agreement with cause and the tenant's holdover is purposeful and not in good faith, the landlord may recover an amount not more than 3 months' periodic rent or treble damages, whichever is greater. (3) If the term of the rental is month-to-month and the landlord terminates the rental agreement without cause and issues a lawful 30-day notice and the tenant remains in the rental unit after the termination date, then the holdover is purposeful and the landlord may recover an amount not more than 3 months' periodic rent or treble damages, whichever is greater. (4) In an action for possession or unlawful holdover, the provisions of the Montana Justice and City Court Rules of Civil Procedure, Title 25, chapter 23, apply, except that the time for filing an answer under Rule 4C(2)(b) is 5 business days after service of summons and complaint, exclusive of the date of service. (5) If the landlord consents to the tenant's continued occupancy, 70-24-201 (2)(e) applies.
Mont. Code Ann. § 70-24-429 addresses what happens when a tenant stays in a rental unit after the rental agreement has ended or been terminated. If the tenant remains without the landlord's consent, the landlord has the right to pursue a legal action for possession of the property. In cases involving longer-than-month-to-month leases terminated for cause, or month-to-month tenancies ended with a proper 30-day no-cause notice, a purposeful holdover can expose the tenant to damages of up to three months' periodic rent or treble damages, whichever is greater. If the landlord does consent to continued occupancy, the situation is governed by the terms outlined in § 70-24-201(2)(e).
Plain English — not legal advice.
Under Mont. Code Ann. § 70-24-429, property owners and managers who face a tenant remaining in the unit after the rental agreement has ended without consent generally initiate a formal action for possession through the appropriate Montana court. Operators managing longer-term leases terminated for cause, or month-to-month tenancies ended with a valid 30-day notice, document the circumstances carefully, as the purposeful nature of the holdover is a key factor in recovering enhanced damages. Compliant operators are also aware that if they choose to accept continued occupancy, the provisions of § 70-24-201(2)(e) come into play and govern that arrangement.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Mont. Code Ann. § 70-24-429 sets out the consequences tenants may face for remaining in a rental unit after the agreement has ended without the landlord's consent, including the possibility of a court action for possession and, in certain circumstances, damages up to three months' rent or treble damages. Tenants served with a summons and complaint in a holdover action should be aware that under this provision, they have only 5 business days (excluding the date of service) to file an answer under the applicable court rules. Tenants in this situation may benefit from reviewing their rights with a local tenant-rights organization or legal aid office, and may wish to consider whether the landlord's termination and notice procedures fully complied with Montana law, as procedural defects can be relevant in a possession proceeding.
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
References Out
No outbound references recorded yet for this provision.
References In
Rules and statutes that cite this regulation