RR
Rent Regulations

Cal. Civ. Code § 70-33-302

Landlord To Deliver Possession Of Premises

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

Operative Text

Cal. Civ. Code § 70-33-302
(1) At the commencement of the rental term, a landlord shall deliver possession of the premises to the tenant in compliance with the rental agreement and 70-33-303 . A landlord may bring an action for possession against a person wrongfully in possession.
(2) If a landlord accepts rent or a deposit from a person intending to occupy the premises, the landlord is considered to have given consent for the person to take possession of the property and to have created a landlord-tenant relationship.
Source: Legislative text reproduced verbatim
Plain English

Montana Code § 70-33-302 establishes that at the start of a rental term, the landlord must hand over the premises in a condition that meets the rental agreement and the standards set out in § 70-33-303. If the landlord collects rent or a deposit from someone who intends to move in, the law treats that act as the landlord's consent to occupancy and as the creation of a formal landlord-tenant relationship. A landlord whose premises are wrongfully occupied by someone else may pursue a legal action to regain possession.

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

Plain English — not legal advice.

For Property Managers

Under § 70-33-302, compliant operators ensure the rental unit is ready and available for the incoming tenant on the agreed start date, consistent with both the lease terms and the habitability standards referenced in § 70-33-303. Accepting rent or a security deposit from a prospective occupant is treated by Montana law as an affirmative act that establishes a landlord-tenant relationship, so property managers generally take care to formalize agreements before collecting any funds. When a third party is wrongfully occupying the premises, the statute provides a legal avenue to pursue an action for possession.

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

For Tenants

Section § 70-33-302 of Montana law gives tenants the right to receive the rental unit at the start of the lease term in a condition that matches the rental agreement and the standards in § 70-33-303. Notably, if a landlord accepted rent or a deposit from you before move-in, Montana law considers a landlord-tenant relationship to have been formed at that point, which can be relevant if a dispute arises about your right to occupy the unit. Tenants who believe a landlord has failed to deliver possession as required may wish to consult a tenant-rights organization or legal aid provider familiar with Montana housing law to understand available options.

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
Click on timeline segments to view historical versions.

References Out

No outbound references recorded yet for this provision.

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

Source:https://mca.legmt.gov/bills/mca/title_0700/chapter_0330/part_0030/section_0020/0700-0330-0030-0020.html
Snapshot SHA:
Fetched:Oct 22, 2026, 05:58 PM UTC
Raw bytes:Download from R2 →