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Rent Regulations

Cal. Civ. Code § 70-24-428

Landlord's Recovery Of Possession Limited

In Force
Verified 10/22/2026 · Next check 11/21/2026
effective 10/22/2026MontanaLockouts & Self-Help

Operative Text

Cal. Civ. Code § 70-24-428
Except in the case of abandonment, surrender, or as permitted in this chapter, a landlord may not recover or take possession of the dwelling unit by action or otherwise, including purposeful diminution of services to the tenant by interrupting or causing the interruption of heat, running water, hot water, electricity, gas, or other essential services.
Source: Legislative text reproduced verbatim
Plain English

Montana Code § 70-24-428 restricts the ways a landlord can reclaim a dwelling unit from a tenant. Outside of abandonment, surrender, or court-authorized processes, a landlord is prohibited from retaking possession through self-help methods — including deliberately cutting off essential services like heat, running water, hot water, electricity, or gas as a way to force a tenant out. The law treats intentional service interruptions as an unlawful attempt to recover possession.

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

Plain English — not legal advice.

For Property Managers

Under Mont. Code Ann. § 70-24-428, compliant property operators rely exclusively on lawful legal processes — such as formal eviction proceedings — when seeking to recover a unit that has not been abandoned or surrendered. Operators do not interrupt or cause the interruption of heat, running water, hot water, electricity, gas, or other essential services as a means of pressuring a tenant to vacate. Maintaining uninterrupted essential services throughout any tenancy dispute is a hallmark of lawful property management practice in Montana.

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. § 70-24-428 gives tenants protection against a landlord who attempts to force them out by cutting off heat, hot water, running water, electricity, gas, or other essential services. If a tenant experiences a deliberate interruption of such services, that conduct may constitute an unlawful attempt to recover possession under this provision, which can be raised as a defense in court or as the basis for a complaint. Tenants experiencing this situation may wish to document the interruption, contact a local tenant-rights organization, or consult with a legal aid office to understand the options available under Montana law.

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
Click on timeline segments to view historical versions.

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

§ 27
Jurisdiction of courts to restrain violation of Secs. 23 to 26; applicability of other laws to requests to change locks
§ 18
Entry into land; legal proceedings required to recover possession of land or tenements; jurisdiction
§ 5-3-12-1
LOCKOUTS PROHIBITED

Source Information

Source:https://mca.legmt.gov/bills/mca/title_0700/chapter_0240/part_0040/section_0280/0700-0240-0040-0280.html
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