Cal. Civ. Code § 70-33-426
Remedies For Absence Or Abandonment
Operative Text
(1) (a) If the rental agreement requires the tenant to give notice to the landlord of an anticipated extended absence in excess of 7 days, as provided for in 70-33-322 , and the tenant fails to do so, the landlord may recover actual damages from the tenant. (b) During an absence of the tenant in excess of 7 days, the landlord may enter the lot when reasonably necessary. (2) (a) If the tenant abandons the lot, the landlord shall make reasonable efforts to rent the lot at a fair rental. If the landlord rents the lot for a term beginning before the expiration of the rental agreement, the rental agreement terminates as of the date of the new tenancy. (b) If the landlord fails to use reasonable efforts to rent the lot at a fair rental or if the landlord accepts the abandonment as a surrender, the rental agreement is terminated by the landlord as of the date the landlord has notice of the abandonment. (c) If the tenancy is from month to month or week to week, the term of the rental agreement for the purposes of this subsection (2) is a month or a week, as appropriate.
Montana Code § 70-33-426 addresses two related situations: a tenant's extended absence and a tenant's outright abandonment of a rented lot. When a rental agreement requires advance notice of an absence longer than seven days and the tenant skips that notice, the landlord may seek actual damages. If a tenant fully abandons the lot, the landlord is generally expected to make reasonable efforts to re-rent it at a fair price, and the timing of when the rental agreement ends depends on whether a new tenant is found or the landlord treats the lot as surrendered.
Plain English — not legal advice.
Under § 70-33-426, operators who include an extended-absence notice requirement in their rental agreements generally document any failure by the tenant to provide that notice and track actual costs incurred as a result. During a tenant's absence exceeding seven days, landlords are permitted to enter the lot when reasonably necessary. When abandonment occurs, compliant operators actively market the lot at a fair rental rate and keep records of those efforts, since failing to do so—or accepting the abandonment as a surrender—affects when the rental agreement is treated as terminated under this provision.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section § 70-33-426 means that if your rental agreement requires you to notify the landlord before an extended absence of more than seven days, skipping that notice can expose you to a claim for actual damages. If you believe you have properly notified your landlord or that no such requirement exists in your agreement, that may be relevant to any dispute over damages. Tenants who have questions about abandonment rules or notice obligations can consult a tenant-rights organization or review their rental agreement carefully to understand how this provision applies to their circumstances.
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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