Cal. Civ. Code § 70-26-108

Rent Dependent On Life -- Recovery

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

Operative Text

Cal. Civ. Code § 70-26-108
Rent dependent on the life of a person may be recovered after as well as before the person's death.
Source: Legislative text reproduced verbatim
Plain English

Under Mont. Code Ann. § 70-26-108, when a rental agreement ties the amount or duration of rent to the life of a particular person, the obligation to pay that rent does not automatically end when that person dies. Any rent that accrued before or after the person's death remains legally recoverable. This rule clarifies that death alone does not extinguish a life-contingent rent obligation.

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

Plain English — not legal advice.

For Property Managers

Under Mont. Code Ann. § 70-26-108, operators who hold life-contingent rent agreements generally document the terms carefully so that the rent obligation and its basis in a person's life are clearly established. When the named person dies, compliant operators understand that any unpaid rent that accrued before or after the death may still be pursued through normal collection channels. Maintaining thorough records of payment history and the agreement's life-contingent terms supports any subsequent recovery effort.

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

For Tenants

Mont. Code Ann. § 70-26-108 means that if your rental agreement is structured around the life of a specific person, the financial obligations tied to that arrangement do not necessarily disappear upon that person's death. Tenants or their estates may still owe rent that accrued during or after that person's lifetime under such an agreement. Those seeking to understand how this provision applies to a particular agreement may wish to consult a tenant-rights organization or legal aid resource for general guidance.

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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Related Rules

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

Source Information