Cal. Civ. Code § 70-26-104

Notice Of Action By Third Person Served On Tenant -- Duty To Inform Landlord

In Force
Verified 10/22/2026 · Next check 11/21/2026
effective 10/22/2026MontanaTenant Defenses

Operative Text

Cal. Civ. Code § 70-26-104
A tenant who receives notice of a proceeding to recover the real property occupied by the tenant or the possession of the real property shall immediately inform the landlord of the notice and shall also deliver to the landlord the notice, if in writing, and is responsible to the landlord for all damages that the landlord may sustain by reason of any omission to inform the landlord of the notice or to deliver it to the landlord if in writing.
Source: Legislative text reproduced verbatim
Plain English

Under Mont. Code Ann. § 70-26-104, when a tenant receives any notice of a legal proceeding aimed at recovering the real property they occupy, that tenant is obligated to promptly pass that notice along to the landlord—including handing over the written document itself if one exists. The rule establishes that a tenant who fails to relay such a notice can be held financially responsible for any damages the landlord suffers as a result of not receiving it. This provision creates a clear duty of communication between tenant and landlord whenever a third party initiates action affecting the property.

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

Plain English — not legal advice.

For Property Managers

Under Mont. Code Ann. § 70-26-104, landlords benefit from a statutory obligation that requires tenants to immediately report and forward any third-party notices of proceedings to recover the property. Compliant property managers generally maintain open lines of communication with tenants so that such notices are recognized and passed along without delay, and they document receipt of any forwarded notices. If a tenant fails to deliver such a notice and the landlord suffers damages as a result, the landlord has a statutory basis to seek compensation from the tenant for those losses.

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. § 70-26-104 places a legal duty on tenants who receive notices of proceedings to recover the property they occupy—they must inform the landlord immediately and hand over any written notice. Tenants who are uncertain whether a document they received qualifies as such a notice may benefit from consulting a tenant-rights organization or legal aid service for general guidance. Failing to fulfill this duty can expose a tenant to financial liability for any damages the landlord sustains, so understanding what this obligation covers is an important part of knowing one's responsibilities 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
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Related Rules

§ 8A
Rent withholding; grounds; amount claimed; presumptions and burden of proof; procedures
§ 47a-14c
(Formerly Sec. 19-347m). Tenement receivership: Defense.
§ 47a-14e
(Formerly Sec. 19-347o). Tenement receivership: Owner's right to collect rent moneys.

Source Information