Cal. Civ. Code § 70-24-426
Remedies For Absence Or Abandonment
Operative Text
(1) If the rental agreement requires the tenant to give notice to the landlord of an anticipated extended absence in excess of 7 days, as provided for in 70-24-322 , and the tenant fails to do so, the landlord may recover actual damages from the tenant. (2) During an absence of the tenant in excess of 7 days, the landlord may enter the dwelling unit at times reasonably necessary. (3) If the tenant abandons the dwelling unit, the landlord shall make reasonable efforts to rent it at a fair rental. If the landlord rents the dwelling unit for a term beginning before the expiration of the rental agreement, the rental agreement terminates as of the date of the tenancy. If the landlord fails to use reasonable efforts to rent the dwelling unit at a fair rental or if the landlord accepts the abandonment as a surrender, the rental agreement is terminated by the landlord as of the date the landlord has notice of the abandonment. If the tenancy is from month to month or week to week, the term of the rental agreement for this purpose is a month or a week, as the case may be.
Mont. Code Ann. § 70-24-426 addresses what happens when a tenant is absent for an extended period or abandons a rental unit. If a lease requires advance notice of absences longer than seven days and the tenant skips that notice, the landlord may seek actual damages. When a tenant fully abandons the unit, the landlord is generally required to make reasonable efforts to re-rent it at a fair price rather than simply letting it sit vacant and collecting rent from the departing tenant.
Plain English — not legal advice.
Under Mont. Code Ann. § 70-24-426, operators whose rental agreements include an extended-absence notice clause may pursue actual damages when a tenant fails to provide the required notice before an absence exceeding seven days. During any such absence, the landlord is permitted to enter the unit at reasonably necessary times. If abandonment occurs, a compliant operator documents efforts to re-rent the unit at a fair market rate, because failing to do so—or accepting the abandonment as a surrender—can terminate the rental agreement as of the date the landlord learned of the abandonment, limiting the ability to recover ongoing rent.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Mont. Code Ann. § 70-24-426 gives tenants important context about their obligations and protections during extended absences or abandonment situations. If your lease includes a notice requirement for absences over seven days, failing to provide that notice could expose you to a claim for actual damages, so reviewing your lease terms carefully is worthwhile. Importantly, the law also limits a landlord's ability to simply collect rent on an abandoned unit without effort—if a landlord does not reasonably try to re-rent the space, the rental agreement may be treated as terminated; tenants who believe this provision has been misapplied can consult a tenant-rights organization or seek guidance from a local legal aid office.
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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