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Rent Regulations

Cal. Civ. Code § 70-33-434

Attorney Fees -- Costs

In Force
Verified 10/22/2026 · Next check 11/21/2026
effective 10/22/2026MontanaLease Requirements

Operative Text

Cal. Civ. Code § 70-33-434
In an action on a rental agreement or arising under this chapter, reasonable attorney fees, together with costs and necessary disbursements, may be awarded to the prevailing party notwithstanding an agreement to the contrary.
Source: Legislative text reproduced verbatim
Plain English

Mont. Code Ann. § 70-33-434 establishes that in any legal action involving a mobile home space rental agreement or a dispute arising under Montana's mobile home landlord-tenant statutes, a court may award reasonable attorney fees and costs to whichever party prevails. This rule applies regardless of any clause in the rental agreement that might otherwise waive or limit such an award. The provision is permissive — courts have discretion to grant or deny the award — rather than making fee-shifting automatic.

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

Plain English — not legal advice.

For Property Managers

Under Mont. Code Ann. § 70-33-434, property owners and managers who prevail in litigation over a mobile home space rental agreement may be eligible to recover reasonable attorney fees and costs from the opposing party. Compliant operators generally keep thorough records of all rental agreement terms, communications, and payments, as such documentation can be relevant to establishing prevailing-party status in any court proceeding. Notably, any lease clause attempting to prevent fee awards is unenforceable under this provision.

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. § 70-33-434 means that tenants who prevail in a court action related to their mobile home space rental agreement or rights under Montana's mobile home landlord-tenant chapter may be eligible to have their attorney fees and costs covered by the other party. This protection holds even if the rental agreement contains language purporting to waive such recovery. Tenants who believe they have a claim under this chapter may wish to consult a tenant-rights organization or legal aid office to understand what options are generally available in disputes of this kind.

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

§ 244.280
Tenant to be given copy of lease
§ 151.35
SEVERABILITY
§ 165.12
SEVERABILITY

Source Information

Source:https://mca.legmt.gov/bills/mca/title_0700/chapter_0330/part_0040/section_0340/0700-0330-0040-0340.html
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