Cal. Civ. Code § 70-33-425
Tenant's Failure To Maintain Lot -- Landlord's Right To Enter And Repair
Operative Text
If there is noncompliance by the tenant with 70-33-321 affecting health and safety that can be remedied by repair, replacement of a damaged item, or cleaning and the tenant fails to comply as promptly as conditions require in case of emergency or within 14 days after written notice by the landlord specifying the breach and requesting that the tenant remedy the breach within that period of time, the landlord may enter the lot and cause the work to be done in a competent manner and submit an itemized bill for the actual and reasonable cost, the fair and reasonable cost, or the fair and reasonable value of the work as rent on the next date rent is due or, if the rental agreement has terminated, for immediate payment.
Under Mont. Code Ann. § 70-33-425, when a tenant fails to maintain their lot in compliance with the health-and-safety standards set out in § 70-33-321, a landlord gains a specific remedy. If the tenant does not address the problem promptly in an emergency, or within 14 days of receiving written notice identifying the breach, the landlord may enter the lot and have the necessary repair, replacement, or cleaning done by a competent worker. The landlord can then bill the tenant for the actual, reasonable cost of that work, treating it as additional rent due on the next rent date or as an immediate payment if the tenancy has already ended.
Plain English — not legal advice.
Under Mont. Code Ann. § 70-33-425, operators who observe a health-and-safety maintenance failure on a tenant's lot generally document the specific breach in writing and deliver a notice that clearly identifies the problem and sets a 14-day cure period, or act more quickly when emergency conditions exist. If the tenant does not remedy the breach within the allowed time, a compliant operator arranges for the work to be performed in a competent manner and prepares an itemized bill reflecting the actual and reasonable cost. That bill is then applied as rent on the next due date, or demanded as immediate payment if the rental agreement has already terminated.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Mont. Code Ann. § 70-33-425 establishes that a landlord's right to enter and repair a lot arises only after a written notice specifying the health-and-safety breach under § 70-33-321 has been given and the 14-day cure period has passed without remedy, or sooner in a genuine emergency. Tenants who receive such a notice and believe it is inaccurate, overstated, or improperly served may have grounds to contest the resulting bill, including raising the issue as a defense if the landlord later pursues the cost as unpaid rent. Tenant-rights organizations in Montana can help renters understand what § 70-33-321 requires and what options may be available when a dispute arises over a repair bill or a claimed breach.
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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