Cal. Civ. Code § 70-26-105

Assignee Of Lessee -- Remedies Of Lessor Against

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

Operative Text

Cal. Civ. Code § 70-26-105
Whatever remedies the lessor of any real property has against the lessor's immediate lessee for the breach of any agreement in the lease or for recovery of the possession, the lessor has against the assignees of the lessee for any cause of action accruing while they are assignees, except when the assignment is made by way of security for a loan and is not accompanied by possession of the premises.
Source: Legislative text reproduced verbatim
Plain English

Montana Code § 70-26-105 establishes that when a tenant assigns a lease to another party, the landlord retains the same legal remedies against that assignee as the landlord would have had against the original tenant, so long as the cause of action arises during the period the assignee holds the assignment. A key exception applies when the assignment is made purely as collateral security for a loan and the assignee never takes physical possession of the property — in that case, the landlord's remedies do not extend to the assignee. In effect, the rule ties legal accountability to actual occupancy and control rather than mere paperwork.

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

Plain English — not legal advice.

For Property Managers

Under Mont. Code Ann. § 70-26-105, landlords who discover that a tenant has assigned the lease should be aware that their full range of remedies — including those for breach of lease terms or recovery of possession — generally carries over against the new assignee for any violations that occur during the assignee's tenure. Compliant operators typically document who is in actual possession of the premises and track when any assignment takes effect, since the exception for security-interest assignments without possession can affect which parties are legally accountable. Maintaining clear records of possession and any assignment agreements helps ensure that the appropriate party can be held responsible under this provision.

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. § 70-26-105 is relevant to tenants who have assigned their lease to another party, because it means the landlord can pursue the assignee directly for breaches or possession disputes that arise while the assignee is in control of the property. Tenants who assigned their lease as collateral for a loan — without transferring actual possession — may find that the assignee in that scenario is shielded from the landlord's direct remedies under this provision. Tenants navigating questions about lease assignments and potential liability may benefit from consulting a tenant-rights organization or reviewing the statute with a qualified attorney 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

Current
Oct 22, 2026
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Related Rules

§ 236
Assignment of lease of a deceased tenant
§ 224
Attornment by tenant
§ 59.20.073
Transfer of rental agreements.

Source Information