Cal. Civ. Code § 70-26-106
Rights Of Lessee And Assignees Against Lessor And Assignees
Operative Text
Whatever remedies the lessee of any real property may have against the lessee's immediate lessor for the breach of any agreement in the lease, the lessee may have against the assigns of the lessor and the assigns of the lessee may have against the lessor and the lessor's assigns, except upon covenants against encumbrances or relating to the title or possession of the premises.
Under Mont. Code Ann. § 70-26-106, the remedies available to a tenant for a landlord's breach of a lease agreement are not limited to the original parties to that lease. When ownership of the property is transferred, the tenant retains the same remedies against the new owner (the landlord's assignee) that the tenant would have had against the original landlord. Similarly, if a tenant assigns their lease interest, the new tenant (the assignee) inherits those same remedies against the original landlord and any subsequent owner. This mutual extension of remedies does not apply to covenants concerning encumbrances or matters of title and possession.
Plain English — not legal advice.
Property owners and managers operating under Montana law should be aware that Mont. Code Ann. § 70-26-106 means that obligations embedded in a lease do not simply disappear when a property changes hands. A compliant operator who acquires a property with existing leases generally reviews those leases carefully, since tenants may assert against the new owner any breach remedies they could have asserted against the prior owner. Sellers of rental property similarly remain potentially exposed to claims from assignee-tenants, making thorough lease disclosure and transition documentation a standard part of responsible property transfers.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Mont. Code Ann. § 70-26-106 establishes that a tenant's remedies for a landlord's lease breach travel with the property — meaning a change in ownership does not extinguish those rights. If a landlord sells or transfers the property, tenants generally retain the ability to pursue the same remedies against the new owner that they could have pursued against the original landlord. Tenants who believe their rights under a lease have been violated may consider documenting the breach, consulting a tenant-rights organization familiar with Montana law, or exploring whether the violation can be raised as a defense or claim in the appropriate civil forum.
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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