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Rent Regulations

Cal. Civ. Code § 70-33-424

Refusal Of Access -- Landlord's Remedies

In Force
Verified 10/22/2026 · Next check 11/21/2026
effective 10/22/2026MontanaNotice to Enter

Operative Text

Cal. Civ. Code § 70-33-424
(1) If the tenant refuses to allow lawful access, the landlord may issue a 24-hour notice to correct or obtain immediate injunctive relief to compel access. In either case, the landlord may recover actual damages. If the 24-hour notice to correct is not remedied, the landlord may issue a 3-day notice to terminate the rental agreement.
(2) If a tenant removes a lock or replaces or adds a lock not supplied by the landlord to the premises and fails to provide a key as required by 70-33-312 (5), the landlord may issue a 24-hour notice to correct or obtain immediate injunctive relief. If the 24-hour notice to correct is not remedied, the landlord may issue a 3-day notice to terminate the rental agreement.
Source: Legislative text reproduced verbatim
Plain English

Montana Code § 70-33-424 addresses what happens when a tenant blocks a landlord's lawful right of access to a rental unit. Under this provision, a landlord who is refused lawful entry may serve a 24-hour notice to correct the situation or seek a court order (injunctive relief) compelling access, and may also pursue actual damages. If the tenant does not resolve the issue within that 24-hour window, the landlord may then issue a 3-day notice to terminate the rental agreement. A parallel rule applies when a tenant removes, replaces, or adds a lock without providing the landlord a key as required by § 70-33-312(5).

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

Plain English — not legal advice.

For Property Managers

Property owners and managers operating under Montana Code § 70-33-424 generally document each instance of refused access carefully, including dates, times, and the nature of the access sought. When a tenant blocks lawful entry or alters locks without providing a key, compliant operators typically follow the sequential notice process—first a 24-hour notice to correct, then, if unresolved, a 3-day notice to terminate—while preserving records of actual damages incurred. Operators may also pursue immediate injunctive relief through the courts as an alternative path when circumstances make waiting impractical.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

Under Montana Code § 70-33-424, tenants have a responsibility to allow lawful landlord access and to provide a key whenever a lock is changed or added, as outlined in § 70-33-312(5). Receiving a 24-hour notice to correct or a 3-day notice to terminate is a serious matter, and tenants who believe a landlord's claimed right of access was not lawful may have grounds to raise that as a defense. Tenants facing these notices may benefit from consulting a local tenant-rights organization or legal aid office to understand what options are 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.

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

§ 244.285
Tenant to be notified of entry
§ 47a-16
When landlord may enter rented unit.
§ 47a-16a
Notification by tenant of extended absence. When landlord may enter.

Source Information

Source:https://mca.legmt.gov/bills/mca/title_0700/chapter_0330/part_0040/section_0240/0700-0330-0040-0240.html
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