Cal. Civ. Code § 70-24-401

Administration Of Remedies -- Enforcement

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

Operative Text

Cal. Civ. Code § 70-24-401
(1) The remedies provided by this chapter must be administered so that an aggrieved party may recover appropriate damages. The aggrieved party has a duty to mitigate damages. The aggrieved party may include a reasonable charge for the party's labor.
(2) A right or obligation declared by this chapter is enforceable by action unless the provision declaring it specifies a different and limited effect. Nothing in this chapter prohibits the assignment of a right or the claim of a right by either landlord or tenant. The landlord's or tenant's defenses and obligations may not be affected by an assignment.
(3) Rules and regulations that are not a part of this chapter and that affect the relationship between the landlord and tenant must be uniformly and fairly applied and enforced.
Source: Legislative text reproduced verbatim
Plain English

Montana Code § 70-24-401 establishes how remedies under the state's residential landlord-tenant law are to be administered. Any party harmed by a violation has a duty to take reasonable steps to limit their own losses, and may include a fair charge for their own labor when calculating damages. Rights and obligations created by the chapter are generally enforceable through legal action, and neither party loses their rights or obligations simply because a lease or claim has been assigned to someone else. Any external rules affecting the landlord-tenant relationship must be applied and enforced consistently and fairly.

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

Plain English — not legal advice.

For Property Managers

Under Mont. Code Ann. § 70-24-401, property owners and managers are expected to apply any rules and regulations governing the tenancy uniformly across all tenants rather than selectively. When a tenancy or lease is assigned, the landlord's obligations under the chapter carry forward and are not diminished by the transfer. Compliant operators generally document how rules are applied and keep records that demonstrate consistent enforcement practices.

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. § 70-24-401 affirms that tenants have enforceable rights under Montana's residential landlord-tenant law and may pursue those rights through legal action. If a lease is assigned to a new landlord, tenants' rights and the new landlord's obligations remain intact under the chapter. Tenants who believe rules are being applied unfairly or selectively may raise that inconsistency as part of a complaint or legal proceeding, and consulting a local tenant-rights organization can help clarify 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
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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