Cal. Civ. Code § 70-33-401

Administration Of Remedies -- Enforcement -- Agreement

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

Operative Text

Cal. Civ. Code § 70-33-401
(1) The remedies provided by this chapter must be administered so that an aggrieved party may recover appropriate damages. The aggrieved party has a duty to mitigate damages. The aggrieved party may include a reasonable charge for the party's labor.
(2) A right or obligation declared by this chapter is enforceable by action unless the provision declaring it specifies a different and limited effect. Nothing in this chapter prohibits the assignment of a right or the claim of a right by either landlord or tenant. The landlord's or tenant's defenses and obligations may not be affected by an assignment.
(3) Rules and regulations that are not a part of this chapter and that affect the relationship between the landlord and tenant must be uniformly and fairly applied and enforced.
(4) A claim or right arising under this chapter or on a rental agreement, if disputed in good faith, may be settled by agreement.
Source: Legislative text reproduced verbatim
Plain English

Mont. Code Ann. § 70-33-401 establishes how remedies under Montana's landlord-tenant law are to be administered and enforced. Any party who suffers harm has a duty to take reasonable steps to limit their losses, but may include a fair charge for their own labor when calculating damages. Rights and obligations created by this chapter can generally be enforced through legal action, assigned to others without losing their force, and resolved through a good-faith settlement agreement when genuinely disputed.

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

Plain English — not legal advice.

For Property Managers

Under Mont. Code Ann. § 70-33-401, property owners and managers are expected to apply any rules and regulations governing the tenancy uniformly and fairly across all tenants. A landlord who believes a claim or obligation is genuinely disputed may pursue a negotiated settlement rather than immediate litigation. Compliant operators also recognize that any rights or obligations under this chapter survive assignment, meaning a change in ownership or management does not extinguish existing duties.

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. § 70-33-401 affirms that tenants have enforceable rights under Montana's landlord-tenant chapter, and those rights are not lost if a rental agreement or claim is assigned to another party. If a tenant suffers damages, they are expected to take reasonable steps to reduce those losses, though they may factor in the value of their own labor when calculating what they are owed. Tenants who have a genuine dispute over a claim or right may explore a negotiated resolution, or may pursue enforcement through a court action; tenant-rights organizations can help explain which general paths are available under this provision.

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

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