Cal. Civ. Code § 70-26-103
Attornment Of Tenant To Stranger Void
Operative Text
The attornment of a tenant to a stranger is void unless it is made with the consent of the landlord or in consequence of a judgment of a court of competent jurisdiction.
Under Mont. Code Ann. § 70-26-103, a tenant's formal acknowledgment of a new landlord — known as an 'attornment' — is legally void if it is made to someone who is not the current landlord, unless the existing landlord has consented to the transfer or a court of competent jurisdiction has ordered it. In other words, a tenant cannot unilaterally shift their rental obligations to a third party simply by agreeing to recognize that party as their new landlord. The rule protects the integrity of the landlord-tenant relationship by requiring either landlord approval or a court order before such a change takes effect.
Plain English — not legal advice.
Under Mont. Code Ann. § 70-26-103, compliant property owners and managers generally ensure that any transfer of a tenant's obligations to a new party is documented with the landlord's explicit consent before it is treated as valid. Operators who acquire or transfer rental properties typically confirm that proper legal steps — either written landlord consent or a court judgment — are in place before expecting a tenant to recognize a new ownership interest. Maintaining clear records of any consent given helps demonstrate that an attornment was properly authorized under Montana law.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Mont. Code Ann. § 70-26-103 means that if someone approaches you claiming to be your new landlord and asks you to formally recognize them, that recognition is generally without legal effect unless your current landlord has consented or a court has ordered the change. Tenants who are uncertain whether a claimed transfer of their tenancy is valid may benefit from reviewing any documentation provided and consulting a tenant-rights organization familiar with Montana landlord-tenant law. If a dispute arises over who holds the rights to your tenancy, this provision may be relevant to any legal proceeding addressing the matter.
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
No inbound references recorded yet for this provision.