Cal. Civ. Code § 70-24-311

Landlord Authorized To Adopt Rules

In Force
Verified 10/22/2026 · Next check 11/21/2026
effective 10/22/2026MontanaLease Requirements

Operative Text

Cal. Civ. Code § 70-24-311
(1) A landlord may adopt a rule concerning the tenant's use and occupancy of the premises. A rule is enforceable against the tenant only if:
(a) its purpose is to promote the convenience, safety, or welfare of the occupants in the premises, preserve the landlord's property from abusive use, or make a fair distribution of services and facilities held out for the tenants generally;
(b) it is reasonably related to the purpose for which it is adopted;
(c) it applies to all occupants in the premises in a fair manner;
(d) it is sufficiently explicit in its prohibition, direction, or limitation of the tenant's conduct to fairly inform the tenant of what the tenant must or must not do to comply;
(e) it is not for the purpose of evading the obligations of the landlord; and
(f) the tenant has notice of it at the time that the tenant enters into the rental agreement or when it is adopted.
(2) A rule adopted by a landlord must be in writing and must be given to each tenant residing on the premises and to each new tenant upon arrival.
(3) If a rule is adopted after a tenant enters into a rental agreement that works a substantial modification of the tenant's bargain, it is not valid until 7 days after written notice to the tenant in the case of a week to week tenancy or 30 days' written notice in the case of tenancies from month to month.
Source: Legislative text reproduced verbatim
Plain English

Under Mont. Code Ann. § 70-24-311, landlords in Montana are permitted to establish written rules governing how tenants use and occupy rental premises, but those rules carry legal weight only when they meet specific criteria. A rule must serve a legitimate purpose—such as safety, convenience, or fair distribution of shared services—be reasonably connected to that purpose, apply fairly to all occupants, and be clear enough that tenants can understand what is expected of them. Rules cannot be used to sidestep a landlord's own legal obligations, and tenants must receive written notice of any rule either at lease signing or, for rules adopted later that substantially change the rental arrangement, at least 7 days in advance for week-to-week tenancies or 30 days in advance for month-to-month tenancies.

Written by anthropic/claude-sonnet-4.6 · Reviewed on October 22, 2026

Plain English — not legal advice.

For Property Managers

Property owners and managers operating under Mont. Code Ann. § 70-24-311 generally put all occupancy rules in writing and distribute them to every current tenant as well as each new tenant upon move-in. Compliant operators ensure that each rule has a clear, legitimate purpose—such as preserving property or promoting safety—applies uniformly across all occupants, and is worded precisely enough that tenants can readily understand their obligations. When a new rule would substantially alter the terms of an existing tenancy, operators typically provide the required advance written notice—7 days for week-to-week arrangements or 30 days for month-to-month arrangements—before treating the rule as enforceable.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

Mont. Code Ann. § 70-24-311 establishes that a landlord's rule is only enforceable against a tenant if it meets several conditions, including being written, having a legitimate purpose, applying fairly to all occupants, and being communicated to the tenant with proper notice. If a rule was never provided in writing, was not disclosed at lease signing, or was introduced mid-tenancy without the required advance notice period, tenants may have grounds to challenge its enforceability. Tenants who believe a rule fails to meet these statutory requirements can explore options such as raising the issue as a defense in any related proceeding, contacting a local tenant-rights organization, or consulting with a housing attorney familiar with Montana law.

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

Current
Oct 22, 2026
Click on timeline segments to view historical versions.

References Out

No outbound references recorded yet for this provision.

References In

Rules and statutes that cite this regulation

Mont. Code Ann. § 70-24-426
Mont. Code Ann. § 70-24-311
Mont. Code Ann. § 70-24-108
Mont. Code Ann. § 70-24-321
Mont. Code Ann. § 70-24-302
Mont. Code Ann. § 70-24-406
Mont. Code Ann. § 70-24-406
Mont. Code Ann. § 70-24-441
Mont. Code Ann. § 70-24-108
Mont. Code Ann. § 70-24-427
Mont. Code Ann. § 70-24-108
Mont. Code Ann. § 70-24-427
Mont. Code Ann. § 70-24-108
Mont. Code Ann. § 70-24-441
Mont. Code Ann. § 70-24-321
Mont. Code Ann. § 70-24-303
Mont. Code Ann. § 70-24-411
Mont. Code Ann. § 70-24-405

Related Rules

§ 244.280
Tenant to be given copy of lease
§ 151.35
SEVERABILITY
§ 165.12
SEVERABILITY

Source Information