Cal. Civ. Code § 70-24-113
Removal Of Unauthorized Person Or Trespasser -- Indemnification For Providing False Information To Law Enforcement
Operative Text
(1) An unauthorized person or trespasser has no legal right to occupy, enter, or trespass on a premises. A person who cannot produce authorization allowing the person to occupy a premises is an unauthorized person or trespasser for the purpose of this section and may be removed from the premises immediately by law enforcement. (2) For the purposes of this section, authorization includes: (a) a written rental agreement entitling the person to occupy the premises; (b) written or verbal authorization from the landlord; or (c) written or verbal authorization from a tenant if the person is a guest of the tenant. (3) For the purposes of this section, verbal authorization is valid only if it is verified by the individual or entity entitled to give it under subsection (2)(b) or (2)(c). (4) A property owner or authorized agent may request law enforcement to remove an unauthorized person or trespasser pursuant to this section. (5) The property owner may request law enforcement to stand by to keep the peace while changing locks and removing personal property belonging to the unlawful occupant. (6) A property owner or authorized agent who knowingly provides false information in a request under subsection (4) shall indemnify the law enforcement agency and its agents for any damages awarded against the law enforcement agency or its agents for their good faith conduct based on the request.
Mont. Code Ann. § 70-24-113 establishes that a person who cannot show valid authorization to occupy a property — such as a written lease, landlord permission, or a tenant's guest invitation — has no legal right to be there and may be treated as an unauthorized occupant or trespasser. Law enforcement may remove such a person immediately upon a property owner's or authorized agent's request. The provision also holds that anyone who knowingly supplies false information to law enforcement when making such a removal request becomes financially responsible for any damages the law enforcement agency incurs as a result of acting in good faith on that false information.
Plain English — not legal advice.
Under Mont. Code Ann. § 70-24-113, property owners and their authorized agents have a mechanism to request law enforcement removal of individuals who cannot demonstrate valid occupancy authorization — whether a written lease, direct landlord permission, or verified tenant guest authorization. Operators who use this process generally document the basis for the removal request carefully, since the statute imposes an indemnification obligation on any owner or agent who knowingly provides false information to law enforcement. Owners may also request that law enforcement stand by while locks are changed and the unlawful occupant's belongings are removed, which is a distinct step available under the same section.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Mont. Code Ann. § 70-24-113 recognizes that tenants can authorize guests verbally or in writing, and that such authorization — if verified — constitutes valid grounds for a person to be present on the premises. Tenants who believe a removal request was made on false or improper grounds may wish to consult a tenant-rights organization or legal aid provider familiar with Montana housing law to understand what options exist. Because the statute ties indemnification liability to knowingly false information provided to law enforcement, tenants or guests who believe a request misrepresented the facts may have avenues to explore through those same resources.
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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