Cal. Civ. Code § 70-33-311
Landlord Authorized To Adopt Rules
Operative Text
(1) A landlord may adopt a rule concerning the tenant's use and occupancy of the premises. A rule is enforceable against the tenant only if: (a) its purpose is to promote the convenience, safety, or welfare of the occupants in the premises, preserve the landlord's property from abusive use, or make a fair distribution of services and facilities held out for the tenants generally; (b) it is reasonably related to the purpose for which it is adopted; (c) it applies to all occupants in the premises in a fair manner; (d) it is sufficiently explicit in its prohibition, direction, or limitation of the tenant's conduct to fairly inform the tenant of what the tenant shall or may not do to comply; (e) it is not for the purpose of evading the obligations of the landlord; and (f) the tenant has notice of the rule at the time that the tenant enters into the rental agreement or when the rule is adopted. (2) A rule adopted by a landlord must be in writing and must be given to each tenant residing on the premises and to each new tenant upon arrival. (3) If a rule is adopted after a tenant enters into a rental agreement that involves a substantial modification of the rental agreement, it is not valid until after 30 days' written notice in the case of month-to-month tenancies.
Under Mont. Code Ann. § 70-33-311, Montana landlords have the authority to create written rules governing how tenants use and occupy rental premises, but those rules are only enforceable if they meet specific criteria. A rule must serve a legitimate purpose—such as safety, property preservation, or fair distribution of services—be applied fairly to all occupants, and be clear enough that tenants can understand what is required of them. Rules that substantially modify an existing rental agreement require at least 30 days' written notice before taking effect in month-to-month tenancies, and tenants must always receive written notice of any rule.
Plain English — not legal advice.
Property owners and managers operating under Mont. Code Ann. § 70-33-311 generally document all occupancy rules in writing and distribute them to every current tenant as well as each new tenant upon move-in. Compliant operators ensure that each rule has a clear, legitimate purpose—such as promoting safety or preventing property damage—is applied consistently across all occupants, and is written in language specific enough for tenants to understand their obligations. When a new rule would substantially change the terms of existing month-to-month rental agreements, operators typically provide at least 30 days' written notice before the rule takes effect.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Mont. Code Ann. § 70-33-311 establishes that a landlord's rule is only enforceable against you if it meets several conditions, including being written, properly noticed, fairly applied to all occupants, and not designed to help the landlord evade their own obligations. If a rule was never provided to you in writing, was applied selectively, or lacked a legitimate purpose, these factors may be relevant if a landlord attempts to enforce the rule or use a violation as grounds for action against you. Tenants who believe a rule fails to meet the statutory requirements can explore options such as raising the issue as a defense in any proceeding, contacting a local tenant-rights organization, or consulting with a housing attorney familiar with Montana law.
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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