Cal. Civ. Code § 70-27-105
Remedies Of Landlord After Notice
Operative Text
After such notice has been served and the period specified by such notice has expired, but not before, the landlord may reenter or proceed according to law to recover possession.
Under Mont. Code Ann. § 70-27-105, once a landlord has properly served a required notice and the time period stated in that notice has fully elapsed, the landlord is permitted to reclaim possession of the rental property — either by physically reentering or by pursuing a legal action. Critically, neither of those remedies is available until both conditions are met: valid service of notice and expiration of the notice period. The provision establishes a clear sequence that must be followed before any recovery of possession can begin.
Plain English — not legal advice.
Mont. Code Ann. § 70-27-105 sets out the timing framework that governs when a landlord may act to recover a rental unit. Compliant operators generally ensure that a proper notice has been served in accordance with Montana law and then wait for the full notice period to run before taking any steps toward reentry or filing a court action. Acting before the notice period expires — even by a single day — falls outside what this provision permits.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Mont. Code Ann. § 70-27-105 provides tenants with a procedural protection: a landlord cannot legally reenter the property or initiate a court proceeding to recover possession until a valid notice has been served and its stated time period has completely run. If a landlord attempts to reenter or file an action prematurely, a tenant may be able to raise that timing failure as a defense in any resulting court proceeding. Tenants who believe a landlord has not followed this sequence may wish to consult a tenant-rights organization or legal aid provider 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
Rules and statutes that cite this regulation
Related Rules
Source Information
Use this in your app
Access this data programmatically via our API