Cal. Civ. Code § 70-24-403
Prohibited Provision In Rental Agreement -- Unenforceability -- Damages
Operative Text
(1) A provision prohibited by 70-24-202 that is included in a rental agreement is unenforceable. (2) If a party purposefully uses a rental agreement containing provisions known by the party to be prohibited, the other party may recover, in addition to the other party's actual damages, an amount up to 3 months' periodic rent.
Under Mont. Code Ann. § 70-24-403, any rental agreement clause that violates the prohibitions set out in § 70-24-202 is void and carries no legal weight, regardless of whether both parties signed the agreement. Beyond mere unenforceability, the law goes further: if a party knowingly and purposefully includes such a prohibited clause, the other party may seek actual damages plus an additional amount of up to three months' periodic rent. This provision creates both a defensive shield against illegal lease terms and a potential monetary remedy for the party harmed by their deliberate use.
Plain English — not legal advice.
Operators subject to Montana's residential landlord-tenant law should review all lease templates to ensure no clause runs afoul of the prohibitions listed in § 70-24-202, since § 70-24-403 renders any such clause unenforceable from the outset. Compliant operators typically audit their standard agreements periodically and remove or revise any terms that conflict with the statutory list of prohibited provisions. Knowingly retaining prohibited clauses exposes a landlord to a claim for the tenant's actual damages plus up to three months' rent under § 70-24-403(2).
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under Mont. Code Ann. § 70-24-403, a tenant who encounters a lease clause that violates § 70-24-202 can treat that clause as legally void and unenforceable. If a landlord knowingly included such a prohibited provision, § 70-24-403(2) provides a basis to seek actual damages as well as up to three months' periodic rent as an additional remedy. Tenants who believe their lease contains prohibited terms may consider raising the violation as a defense in any proceeding where the landlord attempts to enforce it, filing a complaint with the appropriate local or state authority, or reaching out to a 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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