Cal. Civ. Code § 70-33-422
Noncompliance Of Tenant Generally -- Landlord's Right Of Termination -- Damages -- Injunction
Operative Text
(1) If the tenant destroys, defaces, damages, impairs, or removes any part of the premises in violation of 70-33-321 (3), the landlord may terminate the rental agreement upon giving 3 days' written notice specifying the noncompliance under the provisions of 70-33-321 (3). If the landlord terminates the rental agreement, the tenant shall vacate the premises on termination of the agreement. (2) If the tenant creates a reasonable potential that the premises may be damaged or destroyed or that neighboring tenants may be injured, as evidenced by the tenant being arrested or charged with an act that violates the provisions of 70-33-321 (4), the landlord may terminate the rental agreement upon giving 3 days' written notice specifying the violation and noncompliance under the provisions of 70-33-321 (4). If the landlord terminates the rental agreement, the tenant shall vacate the premises on termination of the agreement. (3) Except as otherwise provided in this chapter, the landlord may recover actual damages and obtain injunctive relief for any noncompliance by the tenant with the rental agreement or 70-33-321 . Except as provided in subsection (4) of this section, if the tenant's noncompliance is purposeful, the landlord may recover treble damages. (4) Treble damages may not be recovered for the tenant's early termination of the tenancy.
Montana Code § 70-33-422 establishes consequences when a tenant damages or destroys the premises, or creates a reasonable risk of harm to the property or neighboring tenants. Under this provision, a landlord may issue a 3-day written notice to terminate the rental agreement in response to such conduct, and the tenant must vacate once the agreement ends. Beyond termination, the landlord may pursue actual damages and injunctive relief for tenant noncompliance, and if the noncompliance is found to be purposeful, a court may award treble (triple) damages—except in cases of early lease termination.
Plain English — not legal advice.
Under Mont. Code Ann. § 70-33-422, operators who observe a tenant destroying, defacing, damaging, or removing parts of the premises—or who learn of an arrest or charge suggesting a risk of property damage or injury to neighbors—generally document the conduct thoroughly and issue a written 3-day notice that specifically identifies the noncompliance. Compliant operators ensure the notice references the applicable statutory provisions and retain copies of all communications. When pursuing damages in court, operators are aware that purposeful noncompliance may support a claim for treble damages, though treble damages are not available for a tenant's early termination of the tenancy.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Mont. Code Ann. § 70-33-422 sets out the conditions under which a landlord may terminate a rental agreement and seek damages for conduct such as property damage or creating a risk of harm. Tenants who receive a 3-day termination notice have the right to understand exactly what noncompliance is alleged, since the statute requires the notice to specify the violation. Tenants facing such a notice or a damages claim may benefit from reviewing the underlying obligations in § 70-33-321, consulting a tenant-rights organization, or exploring whether the notice meets all statutory requirements as a potential defense.
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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