Cal. Civ. Code § 70-24-204
Effect Of Unsigned Or Undelivered Rental Agreement
Operative Text
(1) If the landlord does not sign and deliver a written rental agreement that has already been signed by the tenant and delivered to the landlord, acceptance of rent without reservation by the landlord gives the rental agreement the same effect as if it had been signed and delivered by the landlord to the tenant. (2) If the tenant does not sign and deliver to the landlord a written rental agreement that has already been signed by the landlord and delivered to the tenant, acceptance of possession of the premises and payment of rent without reservation by the tenant gives the rental agreement the same effect as if it had been signed and delivered by the tenant to the landlord. (3) If a rental agreement given effect by the operation of this section provides for a term longer than 1 year, it is effective for only 1 year.
Montana Code § 70-24-204 addresses what happens when a written rental agreement is not formally signed and returned by one of the parties. Under this provision, a landlord who accepts rent without reservation after receiving a tenant-signed agreement is treated as though the landlord also signed and delivered it. Conversely, a tenant who takes possession and pays rent without reservation after receiving a landlord-signed agreement is treated as though the tenant signed and returned it. If an agreement that takes effect this way specifies a term longer than one year, it is legally capped at one year.
Plain English — not legal advice.
Under Mont. Code Ann. § 70-24-204, a landlord who receives a tenant-signed rental agreement and then collects rent without any stated reservation may find that agreement legally binding, even without the landlord's own signature. Compliant operators generally ensure that any written agreement is reviewed, signed, and returned before accepting payment, and that any objections or reservations are clearly communicated in writing before accepting funds. Keeping clear records of when agreements are signed, delivered, and when rent is first accepted helps document the intended terms of the tenancy.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Mont. Code Ann. § 70-24-204 means that a tenant who moves into a unit and pays rent after receiving a landlord-signed agreement may be bound by that agreement's terms, even without having returned a signed copy. Tenants should be aware that taking possession and paying rent can be treated as acceptance of the written terms presented to them. If a dispute arises about whether a rental agreement is in effect or what its terms are, tenant-rights organizations and local legal aid offices can help explain how this provision may apply to a given situation.
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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