Cal. Civ. Code § 70-24-322
Tenant To Occupy As Dwelling Unit Only -- Extended Absence
Operative Text
(1) Unless otherwise agreed, a tenant shall occupy the tenant's dwelling unit only as a dwelling unit. (2) The rental agreement may require that the tenant notify the landlord of an anticipated extended absence from the premises in excess of 7 days no later than the first day of the extended absence.
Montana Code § 70-24-322 establishes two baseline rules for residential tenancies. First, a dwelling unit is presumed to be used solely as a residence unless the landlord and tenant have agreed otherwise. Second, a rental agreement may include a clause requiring the tenant to give the landlord advance notice—by the first day of the absence—when the tenant expects to be away from the unit for more than seven consecutive days.
Plain English — not legal advice.
Under § 70-24-322, compliant operators generally include a clear notice provision in their written rental agreements if they wish to be informed of extended absences exceeding seven days. Operators also document any agreements that permit a unit to be used for purposes beyond residential occupancy, such as a home-based business, so that the default residential-use rule is clearly modified in writing. Keeping these provisions explicit in the lease helps establish mutual expectations from the start of the tenancy.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 70-24-322 means that a tenant's dwelling unit is protected as a residential space by default, and any arrangement allowing a different use should be reflected in the rental agreement. If a lease includes an extended-absence notice clause, tenants are generally expected to notify the landlord by the first day of any planned absence longer than seven days. Tenants who have questions about how this provision applies to their lease may find it helpful to review their agreement carefully or reach out to a local tenant-rights organization for general guidance.
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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