Cal. Civ. Code § 70-33-312
Access To Premises By Landlord
Operative Text
(1) A tenant may not unreasonably withhold consent to the landlord or the landlord's agent to enter the lot in order to inspect the premises, make necessary or agreed repairs, alterations, or improvements, supply necessary or agreed services, or exhibit the lot to prospective or actual purchasers, mortgagees, tenants, workers, or contractors. (2) A landlord may enter the lot without consent of the tenant in case of emergency. (3) (a) A landlord may not abuse the right of access or use it to harass the tenant. Except in case of emergency or unless it is impracticable to do so, the landlord shall give the tenant at least 24 hours' notice of the intent to enter and may enter only at reasonable times. (b) For the purposes of this subsection (3), in addition to the provisions of 70-33-106 , a tenant has notice of the intent to enter if the landlord conspicuously posts the landlord's intent to enter on the main entry door of the dwelling unit. (4) A landlord has no other right of access except: (a) pursuant to a court order; (b) as permitted by 70-33-425 and 70-33-426 (1)(b); or (c) when the tenant has abandoned or surrendered the premises. (5) A tenant may not remove a lock or replace or add a lock not supplied by the landlord to the premises without the written permission of the landlord. If a tenant removes a lock or replaces or adds a lock not supplied by the landlord to the premises, the tenant shall provide the landlord with a key to ensure that the landlord will have the right of access as provided by this chapter.
Montana Code § 70-33-312 governs when and how a landlord may enter a rented lot and its premises. Tenants are required not to unreasonably block entry for purposes such as inspections, repairs, or showing the property, while landlords must generally give at least 24 hours' notice and enter only at reasonable times. Emergency situations allow for entry without notice or consent, but the law explicitly prohibits landlords from abusing access rights or using them to harass tenants. The provision also restricts tenants from changing or adding locks without written landlord permission, and requires them to supply a key if they do so.
Plain English — not legal advice.
Under Mont. Code Ann. § 70-33-312, compliant operators generally provide written or conspicuously posted notice of at least 24 hours before entering a lot, except in genuine emergencies or when advance notice is truly impracticable. Entry is limited to reasonable times and legitimate purposes—such as inspections, repairs, or showing the property to prospective buyers or tenants—and landlords take care not to use access rights in a manner that could be characterized as harassment. Operators also typically maintain documentation of lock arrangements and obtain written permission before any tenant-initiated lock changes, ensuring they retain lawful access as the chapter requires.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Mont. Code Ann. § 70-33-312 gives tenants the right to expect advance notice—at least 24 hours in most circumstances—before a landlord enters the lot, and protects them from landlords who abuse access rights or use entry as a form of harassment. Tenants who believe a landlord is entering without proper notice or for improper purposes may have grounds to raise that conduct as a violation under this provision. General enforcement paths can include documenting incidents, contacting a local tenant-rights organization for guidance, or consulting with an attorney familiar with Montana landlord-tenant law to understand available remedies.
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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