Cal. Civ. Code § 70-24-203
Agreement Not To Permit Receipt Of Rent Free Of Obligation
Operative Text
A rental agreement or a document related thereto may not permit the receipt of rent free of the obligation to comply with 70-24-303 .
Mont. Code Ann. § 70-24-203 establishes that no rental agreement or related document can be used to waive a landlord's duty to maintain the property in compliance with the habitability and maintenance standards set out in § 70-24-303. In other words, a clause that would allow a landlord to collect rent without meeting those baseline obligations is legally unenforceable in Montana. The rule preserves the connection between rent payment and the landlord's duty to provide a habitable dwelling, regardless of what any lease document says.
Plain English — not legal advice.
Under Mont. Code Ann. § 70-24-203, compliant property operators do not include lease clauses or addenda that purport to release them from the maintenance and habitability obligations found in § 70-24-303 in exchange for reduced rent or any other consideration. Operators generally review their lease templates to ensure no language could be read as a waiver of those statutory duties. Because such clauses are void under Montana law, relying on them to justify deferred maintenance or reduced upkeep creates significant exposure.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Mont. Code Ann. § 70-24-203 means that even if a lease contains language suggesting a tenant agreed to accept substandard conditions or waive the landlord's maintenance duties, that language is not enforceable under Montana law. Tenants who encounter habitability issues may be able to raise this provision as a defense if a landlord claims the lease excused noncompliance with § 70-24-303. Tenant-rights organizations in Montana can help residents understand what remedies may be available when a landlord attempts to rely on such a clause.
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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