Cal. Civ. Code § 70-25-206
Landlord To Furnish Statement Of Condition Of Premises At Beginning Of Lease
Operative Text
(1) Any person engaged in the rental of property for residential purposes who requires a security deposit shall furnish to each tenant, in conjunction with execution of a lease or creation of a tenancy, a separate written statement as to the present condition of the premises intended to be let. At the written request of the tenant, a copy of the written list of damage and cleaning charges, if any, provided to the tenant of the immediately preceding leasehold agreement for the premises in question must be provided to the tenant. (2) Each written statement of the present condition of a premises intended to be let shall contain at least the following: (a) a clear and concise statement of the present condition of the premises known to the landlord or the landlord's agent or which should have been known upon reasonable inspection; (b) if the premises have never previously been let, a statement indicating the fact; and (c) the signature of the landlord or the landlord's agent. (3) A person engaged in the rental of property for residential purposes who fails to furnish a tenant, in conjunction with the execution of the lease or creation of the tenancy, with a separate written statement of the present condition of the premises intended to be let and, upon the written request of the tenant, a written list of damage and cleaning charges provided to the tenant of the immediately preceding leasehold agreement is barred from recovering any sum for damage to or cleaning of the leasehold premises unless the person can establish by clear and convincing evidence that the damage occurred during the tenancy in question and was caused by the tenant occupying the leasehold premises or the tenant's family, licensees, or invitees.
Mont. Code Ann. § 70-25-206 requires residential landlords who collect a security deposit to provide tenants with a written condition statement at the start of a tenancy, describing the known state of the premises. The statement must be clear and concise, reflect what a reasonable inspection would reveal, and be signed by the landlord or their agent. If a tenant requests it in writing, the landlord must also share any damage and cleaning charge list given to the previous tenant of the same unit. A landlord who fails to meet these requirements is barred from claiming deductions for damage or cleaning unless they can prove by clear and convincing evidence that the damage was caused by the current tenant, their family, or guests.
Plain English — not legal advice.
Under Mont. Code Ann. § 70-25-206, compliant residential landlords who collect security deposits provide each incoming tenant with a signed, written condition statement at or before lease execution — not after. That statement describes the premises' known condition in clear, concise terms and reflects what a reasonable walkthrough would reveal; if the unit has never been rented before, the statement notes that fact. When a tenant submits a written request, operators also furnish a copy of any damage and cleaning charge list provided to the immediately preceding tenant of that unit, since failing to do so can eliminate the ability to recover deductions for damage or cleaning at move-out.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Mont. Code Ann. § 70-25-206 gives tenants the right to receive a written, signed condition statement describing the premises at the time a lease is signed or a tenancy begins. Tenants may also submit a written request to receive any damage or cleaning charge list that was given to the previous occupant of the same unit. If a landlord who collected a security deposit did not provide the required condition statement, that landlord faces a significant legal barrier to recovering any amount for damage or cleaning — a point tenants can raise as a defense in a dispute over deposit deductions. Tenants who believe this provision was not followed may wish to consult a tenant-rights organization or legal aid office familiar with Montana landlord-tenant 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
References Out
No outbound references recorded yet for this provision.
References In
No inbound references recorded yet for this provision.