Cal. Civ. Code § 70-24-405
Failure Of Landlord To Deliver Possession -- Tenant's Remedies
Operative Text
(1) If the landlord fails to deliver possession of the dwelling unit to the tenant as provided in 70-24-302 , rent abates until possession is delivered and the tenant may: (a) terminate the rental agreement upon at least 5 days' written notice to the landlord, and upon termination, the landlord shall return all prepaid rent and security; or (b) demand performance of the rental agreement by the landlord and, if the tenant elects, maintain an action for possession of the dwelling unit against the landlord or a person wrongfully in possession and recover the actual damages sustained by the tenant. (2) If a person's failure to deliver possession is purposeful and not in good faith, an aggrieved party may recover from that person an amount not more than 3 months' periodic rent or treble damages, whichever is greater.
Under Mont. Code Ann. § 70-24-405, when a landlord fails to deliver a rental unit to a tenant as required, rent stops accruing until the unit is actually handed over. The tenant then has two main options: cancel the rental agreement with at least five days' written notice and receive a full refund of prepaid rent and security, or insist the agreement be honored and pursue legal action to obtain possession and recover actual damages. If the failure to deliver possession is found to be intentional and in bad faith, the wronged party may recover either up to three months' periodic rent or treble damages, whichever amount is larger.
Plain English — not legal advice.
Mont. Code Ann. § 70-24-405 places significant obligations on property owners and managers to ensure a unit is ready and available for occupancy on the agreed date. Operators who comply with § 70-24-302's delivery requirements avoid triggering automatic rent abatement and the tenant's right to terminate or sue for possession. When a failure to deliver is deemed purposeful and not in good faith, exposure increases substantially, potentially reaching three months' rent or treble damages, so landlords generally take proactive steps to resolve any occupancy conflicts well before a new tenancy begins.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Mont. Code Ann. § 70-24-405 gives tenants clear remedies when a landlord does not hand over a unit as promised: rent does not accrue during the delay, and the tenant may choose to cancel the agreement and recover all prepaid funds, or demand that the landlord fulfill the agreement and seek possession through the courts along with actual damages. If the landlord's failure appears intentional or in bad faith, the statute allows recovery of up to three months' rent or treble damages, whichever is greater. Tenants navigating this situation may benefit from consulting a tenant-rights organization or legal aid office familiar with Montana housing law to understand which path fits their circumstances.
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
References In
Rules and statutes that cite this regulation