Cal. Civ. Code § 70-24-424
Refusal Of Access -- Landlord's Remedies
Operative Text
(1) If the tenant refuses to allow lawful access, the landlord may issue a 24-hour notice to correct or obtain immediate injunctive relief to compel access. In either case, the landlord may recover actual damages. If the 24-hour notice to correct is not remedied, the landlord may issue a 3-day notice to terminate the rental agreement. (2) If a tenant removes a lock or replaces or adds a lock not supplied by the landlord to the premises and fails to provide a key as required by 70-24-312 (5), the landlord may issue a 24-hour notice to correct or obtain immediate injunctive relief. If the 24-hour notice to correct is not remedied, the landlord may issue a 3-day notice to terminate the rental agreement.
Montana Code § 70-24-424 addresses what happens when a tenant refuses a landlord's lawful request to access the rental unit, or when a tenant changes or adds locks without providing the landlord a key. Under this provision, a landlord has two initial options: issue a formal 24-hour notice requiring the tenant to correct the problem, or seek immediate injunctive relief through a court. If the tenant does not resolve the issue within 24 hours of receiving such a notice, the landlord may then issue a 3-day notice to terminate the rental agreement. When access is wrongfully refused, the landlord may also seek to recover actual damages.
Plain English — not legal advice.
Property owners and managers operating under Mont. Code Ann. § 70-24-424 generally document each instance of denied lawful access or unauthorized lock changes, including dates, times, and any communications with the tenant. A compliant operator typically issues a written 24-hour notice to correct before escalating, preserving a clear paper trail that supports any subsequent 3-day termination notice or court action for injunctive relief. Operators also keep records of actual costs or losses resulting from denied access, as § 70-24-424 allows recovery of actual damages in access-refusal situations.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under Mont. Code Ann. § 70-24-424, tenants have the right to lawful notice before a landlord may escalate toward lease termination — the landlord must first issue a 24-hour correction notice or pursue a court order rather than acting unilaterally. Tenants who believe an access request was not lawful, or that proper notice procedures were not followed, may raise those procedural requirements as part of any dispute or legal proceeding. Tenant-rights organizations in Montana can help individuals understand what constitutes "lawful access" under state law and what options may be available when a notice under § 70-24-424 is received.
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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