Cal. Civ. Code § 70-26-102
Transferee Of Rental Property To Have Same Rights As Transferor
Operative Text
A person to whom any real property is transferred or devised, upon which rent has been reserved, or to whom any rent is transferred is entitled to the same remedies for recovery of rent, for nonperformance of any of the terms of the lease, or of any waste or cause of forfeiture as the person's grantor or devisor might have had.
Under Mont. Code Ann. § 70-26-102, when rental property—or the right to collect rent—is transferred or passed through inheritance, the new owner steps into the legal shoes of the previous owner. This means the recipient of the property or rent stream inherits the same legal remedies that were available to the original landlord, including the ability to pursue claims for unpaid rent, lease violations, waste, or grounds for forfeiture. The transfer of ownership does not extinguish or diminish the rights that existed under the original lease.
Plain English — not legal advice.
Under Mont. Code Ann. § 70-26-102, a landlord who acquires rental property through purchase, gift, or inheritance generally inherits the full set of remedies the prior owner held under existing leases. Compliant operators typically review all active lease agreements at the time of acquisition to understand what rights and remedies have been reserved, including any outstanding rent obligations or lease violations. Documenting the transfer and notifying tenants of the new ownership helps establish a clear record should any remedy need to be pursued.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Mont. Code Ann. § 70-26-102 means that a change in property ownership does not reset or eliminate the lease rights and obligations that were in place before the transfer. Tenants should be aware that a new owner—whether through sale or inheritance—can enforce the same lease terms and pursue the same remedies as the prior landlord, and conversely, tenants generally retain the same rights and defenses they held under the original lease. Tenant-rights organizations can help clarify how this continuity of rights applies to a particular lease 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.
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