Cal. Civ. Code § 70-24-312

Access To Premises By Landlord

In Force
Verified 10/22/2026 · Next check 11/21/2026
effective 10/22/2026MontanaNotice to Enter

Operative Text

Cal. Civ. Code § 70-24-312
(1) A tenant may not unreasonably withhold consent to the landlord or the landlord's agent to enter into the dwelling unit in order to inspect the premises, make necessary or agreed repairs, decorations, alterations, or improvements, supply necessary or agreed services, or exhibit the dwelling unit to prospective or actual purchasers, mortgagees, tenants, workers, or contractors.
(2) A landlord may enter the dwelling unit without consent of the tenant in the case of an emergency.
(3) (a) A landlord may not abuse the right of access or use it to harass the tenant. Except in the case of an emergency or unless it is impracticable to do so, the landlord shall give the tenant at least 24 hours' notice of the intent to enter and may enter only at reasonable times.
(b) For the purposes of this subsection (3), in addition to the provisions of 70-24-108 , a tenant has notice of the intent to enter if the landlord conspicuously posts the landlord's intent to enter on the main entry door of the dwelling unit.
(4) A landlord has no other right of access except:
(a) pursuant to court order;
(b) as permitted by 70-24-425 and 70-24-426 (2); or
(c) when the tenant has abandoned or surrendered the premises.
(5) A tenant may not remove a lock or replace or add a lock not supplied by the landlord to the premises without the written permission of the landlord. If a tenant removes a lock or replaces or adds a lock not supplied by the landlord to the premises, the tenant shall provide the landlord with a key to ensure that the landlord will have the right of access as provided by this chapter.
Source: Legislative text reproduced verbatim
Plain English

Montana Code § 70-24-312 establishes a mutual framework governing when and how a landlord may enter a rented dwelling. Tenants are required not to unreasonably block entry for legitimate purposes such as repairs, inspections, or showing the unit, while landlords must generally give at least 24 hours' notice and enter only at reasonable times. Emergency situations allow for immediate entry without notice, but landlords are expressly prohibited from abusing access rights or using them to harass tenants. The provision also restricts tenants from changing or adding locks without written landlord permission, and requires them to provide a key if they do so.

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

Plain English — not legal advice.

For Property Managers

Under Mont. Code Ann. § 70-24-312, compliant property operators typically provide written or conspicuously posted notice at least 24 hours before entering a unit for routine purposes such as inspections, repairs, or showing the property to prospective buyers or tenants. Entry is generally limited to reasonable hours, and operators take care not to enter so frequently or in such a manner that it could be characterized as harassment. In genuine emergencies, entry without prior notice is permitted, but landlords document the circumstances to demonstrate the emergency nature of the visit. Landlords also maintain records of any written permission granted to tenants who request lock changes, and ensure they receive a working key to preserve lawful access rights under this section.

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. § 70-24-312 gives tenants the right to expect advance notice—at least 24 hours—before a landlord enters the dwelling for non-emergency purposes, and entry must occur at reasonable times. If a landlord enters repeatedly without proper notice or in a manner that feels harassing, tenants may have grounds to raise a violation of this section, including as a defense in certain legal proceedings or as the basis for a complaint. Tenants who believe their access rights are being violated may wish to document each entry, communicate concerns in writing, and consult a tenant-rights organization familiar with Montana housing law for guidance on available options.

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

§ 244.285
Tenant to be notified of entry
§ 47a-16
When landlord may enter rented unit.
§ 47a-16a
Notification by tenant of extended absence. When landlord may enter.

Source Information