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Rent Regulations

Cal. Civ. Code § 70-33-423

Waiver Of Landlord's Right To Termination

In Force
Verified 10/22/2026 · Next check 11/21/2026
effective 10/22/2026MontanaPartial Payments

Operative Text

Cal. Civ. Code § 70-33-423
(1) Acceptance by the landlord of full payment of rent due is a waiver of a claimed breach of a rental agreement only when the claimed breach is the nonpayment of rent.
(2) Acceptance of full payment of rent due when a claimed breach is something other than the nonpayment of rent does not constitute a waiver of any right.
(3) The acceptance of partial payment of rent due does not constitute a waiver of any right, including rent due.
Source: Legislative text reproduced verbatim
Plain English

Montana Code § 70-33-423 addresses when a landlord's acceptance of rent payments does or does not waive the right to pursue a lease violation. Under this rule, accepting full rent payment erases only a nonpayment-of-rent claim — it does not wipe out claims based on other types of lease breaches. Accepting partial rent, regardless of the reason for any dispute, preserves all of the landlord's rights, including the right to collect the remaining balance owed.

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

Plain English — not legal advice.

For Property Managers

Under Mont. Code Ann. § 70-33-423, operators who accept a full rent payment after a nonpayment dispute should understand that doing so resolves the nonpayment claim but does not affect any other pending lease violations. When a breach involves something other than unpaid rent — such as unauthorized occupants or property damage — collecting rent does not surrender the right to pursue that separate violation. Compliant operators generally document the nature of any ongoing breach separately from rent collection records to avoid ambiguity about which claims remain active.

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. § 70-33-423 establishes that a landlord who accepts your full rent payment after a nonpayment dispute has waived that specific nonpayment claim, but retains the right to pursue any other lease violations that may exist. If you have made a partial payment, the statute makes clear that the landlord has not waived any rights, including the right to collect the unpaid remainder. Tenants who believe a landlord is improperly pursuing a claim that should have been waived by rent acceptance may find it useful to consult a tenant-rights organization or legal aid provider familiar with Montana landlord-tenant 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.

Effective Timeline

Current
Oct 22, 2026
Click on timeline segments to view historical versions.

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

§ 47a-19
Rental agreement: Acceptance of rent when overdue.
§ 90.412
Waiver of termination of tenancy.
§ 90.417
Duty to pay rent; effect of acceptance of partial rent.

Source Information

Source:https://mca.legmt.gov/bills/mca/title_0700/chapter_0330/part_0040/section_0230/0700-0330-0040-0230.html
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