Cal. Civ. Code § 70-24-302
Landlord To Deliver Possession Of Dwelling Unit
Operative Text
(1) At the commencement of the term, a landlord shall deliver possession of the premises to the tenant in compliance with the rental agreement and 70-24-303 . A landlord may bring an action for possession against a person wrongfully in possession. (2) If a landlord accepts rent or a deposit from a person intending to occupy the premises, the landlord is considered to have given consent for the person to take possession of the property and to have created a landlord-tenant relationship.
Montana Code § 70-24-302 establishes that when a rental term begins, the landlord must hand over the premises in a condition that meets the rental agreement and the habitability standards referenced in § 70-24-303. If someone else is unlawfully occupying the unit, the landlord has the legal avenue to pursue a possession action against that person. Additionally, when a landlord accepts rent or a deposit from a prospective occupant, that acceptance is treated as consent to occupancy and as the formation of a landlord-tenant relationship under Montana law.
Plain English — not legal advice.
Under Mont. Code Ann. § 70-24-302, compliant operators ensure the rental unit is physically available and ready for the incoming tenant at the agreed-upon start date, meeting all conditions set out in the rental agreement and § 70-24-303. If a prior occupant or holdover tenant is preventing delivery of possession, landlords generally have a legal remedy to bring a court action for possession against that person. Landlords should also be aware that accepting any rent payment or deposit from a prospective occupant—even informally—can establish a legally recognized landlord-tenant relationship, which carries its own set of obligations.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Mont. Code Ann. § 70-24-302 gives tenants the right to receive actual possession of their rental unit at the start of the lease term, in a condition consistent with the rental agreement and the standards in § 70-24-303. If a landlord fails to deliver possession as required, tenants may have grounds to raise that failure as a legal issue, and tenant-rights organizations in Montana can help explain available remedies. Tenants should also know that if a landlord has accepted their rent or deposit, § 70-24-302 treats that acceptance as confirmation of a landlord-tenant relationship, which may be relevant if a dispute arises over the right to occupy the unit.
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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