Cal. Civ. Code § 70-24-108
What Constitutes Notice
Operative Text
(1) A person has notice of a fact if any of the following is true: (a) the person has actual knowledge of it; (b) in the case of a landlord, it is delivered at the place of business of the landlord through which the rental agreement was made; (c) in the case of a tenant or a landlord, it is transmitted to an electronic mail address provided by the tenant or the landlord in the rental agreement. Notice by electronic mail is complete on receipt of a read receipt generated by an electronic mail system or an electronic mail reply other than an automatically generated electronic mail reply. (d) in the case of a landlord or tenant, it is delivered in hand to the landlord or tenant or mailed with a certificate of mailing or by certified mail to the person at the place indicated by the person as the place for receipt of the communication or, in the absence of a designation, to the person's last-known address. If notice is made with a certificate of mailing or by certified mail, service of the notice is considered to have been made on the date 3 days after the date of mailing. (2) Notice received by an organization is effective for a particular transaction from the time it is brought to the attention of the individual conducting that transaction and, in any event, from the time it would have been brought to the individual's attention if the organization had exercised reasonable diligence.
Mont. Code Ann. § 70-24-108 defines the circumstances under which a landlord or tenant is legally considered to have received 'notice' of a fact. Notice can be established through actual knowledge, delivery to the landlord's place of business, email to an address listed in the rental agreement (confirmed by a read receipt or a non-automated reply), or physical delivery and certified/certificate-of-mailing post to a known address. When notice is sent by certified mail or with a certificate of mailing, the law treats it as received three days after the mailing date. For organizations, notice becomes effective once the relevant individual is actually informed, or would have been informed had the organization acted with reasonable diligence.
Plain English — not legal advice.
Under Mont. Code Ann. § 70-24-108, compliant property operators typically maintain a clearly identified place of business and ensure that any email address used for communications is accurately recorded in the rental agreement. When sending formal notices by mail, operators generally use certified mail or a certificate of mailing and account for the three-day deemed-receipt rule when calculating deadlines. Organizations managing rental properties also generally establish internal procedures to ensure that notices are promptly routed to the individual responsible for the relevant transaction.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Mont. Code Ann. § 70-24-108 establishes the methods by which tenants can be legally deemed to have received notice, including email sent to an address provided in the rental agreement, hand delivery, or certified mail to a last-known address. Tenants who want a clear record of communications generally ensure their current address and any preferred email address are accurately reflected in their rental agreement. If a dispute arises over whether proper notice was given, tenant-rights organizations or a local legal aid office can help explain how this provision may apply to the circumstances at hand.
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
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