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Rent Regulations

Cal. Civ. Code § 70-24-442

Attorney Fees -- Costs

In Force
Verified 10/22/2026 · Next check 11/21/2026
effective 10/22/2026MontanaLease Requirements

Operative Text

Cal. Civ. Code § 70-24-442
(1) In an action on a rental agreement or arising under this chapter, reasonable attorney fees, together with costs and necessary disbursements, may be awarded to the prevailing party notwithstanding an agreement to the contrary.
(2) As used in this section, "prevailing party" means the party in whose favor final judgment is rendered.
Source: Legislative text reproduced verbatim
Plain English

Under Mont. Code Ann. § 70-24-442, when a court case involves a rental agreement or arises under Montana's residential landlord-tenant statutes, the judge has discretion to award reasonable attorney fees, court costs, and necessary disbursements to whichever party wins a final judgment. This authority exists regardless of any lease clause that might otherwise limit or waive fee awards. The 'prevailing party' is defined as the party in whose favor the final judgment is entered.

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

Plain English — not legal advice.

For Property Managers

Mont. Code Ann. § 70-24-442 means that a landlord who prevails in a rental-agreement dispute may be eligible to recover reasonable attorney fees and costs — but the same rule applies in reverse if the tenant wins. Operators who include lease language purporting to limit fee awards should be aware that such clauses are overridden by this statute. Compliant property managers generally keep clear records of all costs and legal expenditures related to any dispute, since those figures become relevant if a fee award is sought.

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

For Tenants

Under Mont. Code Ann. § 70-24-442, a tenant who obtains a final judgment in their favor in a case involving a rental agreement or Montana's landlord-tenant chapter may be entitled to have reasonable attorney fees and costs awarded by the court. This applies even if the lease contains a provision that would otherwise prevent such an award. Tenants who believe they have a viable claim may wish to consult a tenant-rights organization or legal aid office to understand how this fee-shifting provision could factor into their situation.

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

No outbound references recorded yet for this provision.

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

§ 244.280
Tenant to be given copy of lease
§ 151.35
SEVERABILITY
§ 165.12
SEVERABILITY

Source Information

Source:https://mca.legmt.gov/bills/mca/title_0700/chapter_0240/part_0040/section_0420/0700-0240-0040-0420.html
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