Cal. Civ. Code § 70-33-103

Definitions

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

Operative Text

Cal. Civ. Code § 70-33-103
Unless the context clearly requires otherwise, in this chapter, the following definitions apply:
(1) "Abandon" means to give up possession of the premises unless the landlord does not accept abandonment or surrender as provided in 70-33-426 or unless the rental agreement has been terminated as provided by law.
(2) "Action" includes recoupment, counterclaim, setoff suit in equity, and any other proceeding in which rights are determined, including an action for possession.
(3) "Actual and reasonable cost" means the actual amount of expenses and labor incurred or expended and the reasonable amount of expenses and labor estimated to be incurred or expended.
(4) "Case of emergency" means an extraordinary occurrence beyond the tenant's control requiring immediate action to protect the premises or the tenant. A case of emergency may include the interruption of essential services, including electricity, gas, running water, and sewer and septic system service, or life-threatening events in which the tenant or landlord has reasonable apprehension of immediate danger to the tenant or others.
(5) "Court" means the appropriate district court, small claims court, justice's court, or city court.
(6) "Good faith" means honesty in fact in the conduct of the transaction concerned.
(7) "Landlord" means:
(a) the owner of:
(i) space or land, including a lot, that is rented to a tenant for a mobile home; or
(ii) a mobile home park;
(b) a person who has written authorization from the owner to act as the owner's agent or assignee for purposes related to the premises or the rental agreement;
(c) a manager of the premises who fails to disclose the managerial position; or
(d) a lessor who has written authorization from the owner of the premises to sublease the premises.
(8) "Lot" means the space or land rented and not a mobile home itself.
(9) "Mobile home" has the same meaning as provided in 15-1-101 and includes manufactured homes as defined in 15-1-101 .
(10) "Mobile home owner" means the owner of a mobile home entitled under a rental agreement to occupy a lot.
(11) "Mobile home park" means a trailer court as defined in 50-52-101 .
(12) "Organization" includes a corporation, government, governmental subdivision or agency, business trust, estate, trust, partnership, association, two or more persons having a joint or common interest, and any other legal or commercial entity.
(13) "Person" includes an individual or organization.
(14) "Premises" means a lot and the grounds, areas, and facilities held out for the use of tenants generally or promised for the use of a tenant.
(15) "Rent" means all payments to be made to a landlord, including rent, late fees, or other charges as agreed on in the rental agreement, except money paid as a security deposit.
(16) "Rental agreement" means all agreements, written or oral, and valid rules adopted under 70-33-311 embodying the terms and conditions concerning the use and occupancy of the premises.
(17) "Rent payment type" means all forms of payment types, including:
(a) cash;
(b) check;
(c) electronic; or
(d) other forms agreed on in the rental agreement that must comply with 70-24-203 .
(18) "Tenant" means:
(a) a person entitled under a rental agreement to occupy a lot to the exclusion of others; or
(b) a person who, with the written approval of the landlord and pursuant to the rental agreement, has a sublease agreement with the person who is entitled to occupy the dwelling unit under the rental agreement.
(19) "Unauthorized person or trespasser" means a person who:
(a) enters or remains after being asked to leave by the landlord and does not receive written permission by the landlord to remain on the premises;
(b) is in violation of 45-6-201 ;
(c) is in violation of 45-6-203 ; or
(d) is in violation of 70-27-102 .
Source: Legislative text reproduced verbatim
Plain English

Mont. Code Ann. § 70-33-103 establishes the foundational vocabulary used throughout Montana's mobile home and lot rental statutes. It defines key terms such as "landlord," "tenant," "premises," "rent," and "rental agreement" to clarify who is covered and what concepts mean within this legal framework. For example, "premises" encompasses not just the lot itself but also shared grounds and facilities, while "rent" includes late fees and other agreed charges but excludes security deposits. These definitions shape how all other rights and obligations in the chapter are interpreted.

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

Plain English — not legal advice.

For Property Managers

Under Mont. Code Ann. § 70-33-103, operators of mobile home parks and lot rentals should understand that the statute's definition of "landlord" is broad — it can include owners, authorized agents, assignees, sublessors with written authorization, and even managers who fail to disclose their role. Compliant operators typically ensure that any person acting on their behalf has documented written authorization, reducing ambiguity about who holds landlord responsibilities. Familiarity with defined terms like "good faith," "actual and reasonable cost," and "rental agreement" helps operators apply the rest of the chapter consistently and accurately.

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. § 70-33-103 defines "tenant" to include both primary occupants under a rental agreement and subtenants who have the landlord's written approval, which can affect who holds enforceable rights under the chapter. The definition of "rent" — covering not just base rent but also late fees and other agreed charges, excluding security deposits — is relevant when evaluating whether charges assessed by a landlord fall within the scope of the rental agreement. Tenants who have questions about how these definitions apply to their situation may find it useful to consult a tenant-rights organization or legal aid service familiar with Montana's mobile home lot rental laws.

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

Rules and statutes cited by this regulation

Mont. Code Ann. § 15-1-101
Not yet ingested
Mont. Code Ann. § 50-52-101
Not yet ingested

References In

Rules and statutes that cite this regulation

Mont. Code Ann. § 70-33-426
Mont. Code Ann. § 70-33-311
Mont. Code Ann. § 70-33-106
Mont. Code Ann. § 70-33-321
Mont. Code Ann. § 70-33-431
Mont. Code Ann. § 70-33-302
Mont. Code Ann. § 70-33-405
Mont. Code Ann. § 70-33-321
Mont. Code Ann. § 70-33-303
Mont. Code Ann. § 70-33-409
Mont. Code Ann. § 70-33-404
Mont. Code Ann. § 70-33-106
Mont. Code Ann. § 70-33-422

Related Rules

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

Source Information