Cal. Civ. Code § 70-33-407
Fire Or Casualty Damage -- Rights And Obligations Of Tenant
Operative Text
(1) (a) If the lot or premises are damaged or destroyed by fire or casualty to an extent that enjoyment of the lot is substantially impaired, the tenant may immediately vacate the premises and notify the landlord in writing within 14 days of vacating the premises that it is the tenant's intention to terminate the rental agreement. (b) If the tenant complies with the provisions of subsection (1)(a), the rental agreement terminates as of the date the tenant vacates the premises. (2) If the rental agreement is terminated pursuant to subsection (1), the landlord shall return any prepaid rent and all security recoverable pursuant to Title 70, chapter 25. Accounting or apportionment for rent in the event of termination must be made as of the date of the fire or casualty. (3) If the tenant's mobile home is damaged or destroyed by fire or casualty to an extent that enjoyment of the mobile home is substantially impaired and 70-33-430 does not apply, it is the obligation of the mobile home owner to remove the mobile home from the lot within 30 days of the damage or destruction. (4) All terms and conditions of the rental agreement remain in effect until the mobile home is removed from the premises and all required cleanup is completed.
Mont. Code Ann. § 70-33-407 addresses what happens when fire or other casualty damage makes a mobile home lot or premises substantially unenjoyable. Under this provision, a tenant has the right to vacate immediately and, by notifying the landlord in writing within 14 days, terminate the rental agreement as of the date they left. If the termination occurs, the landlord must return prepaid rent and any recoverable security deposit, with rent accounting calculated from the date of the fire or casualty. When the mobile home itself is severely damaged and a separate relocation provision does not apply, the mobile home owner bears responsibility for removing the unit within 30 days, and all rental agreement terms remain in force until removal and cleanup are complete.
Plain English — not legal advice.
Under Mont. Code Ann. § 70-33-407, compliant operators are prepared to act promptly when fire or casualty damage substantially impairs a tenant's use of the lot or premises. Upon receiving a written termination notice from a vacating tenant, operators generally process the return of prepaid rent and any security deposit recoverable under Title 70, chapter 25, with rent prorated to the date of the casualty event. Operators also track whether the mobile home owner has met the 30-day removal obligation under subsection (3), since all rental agreement terms—including any financial obligations—remain active until the home is removed and the lot is cleaned up.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Mont. Code Ann. § 70-33-407 gives tenants the right to immediately vacate a lot or premises that has been substantially damaged by fire or casualty and to terminate the rental agreement by notifying the landlord in writing within 14 days of vacating. If those steps are followed, the agreement ends as of the date of vacating, and the landlord is required to return prepaid rent and any recoverable security deposit, with rent calculated from the date of the fire or casualty. Tenants who believe a landlord has failed to return funds owed may consider reaching out to a local tenant-rights organization or consulting with a housing attorney to understand the options available under 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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