Cal. Civ. Code § 70-33-201
Rental Agreements
Operative Text
(1) A landlord and a tenant may include in a rental agreement terms and conditions not prohibited by this chapter or other rule or law. (2) Unless the rental agreement provides otherwise: (a) the tenant shall pay as rent the rental value for the use and occupancy of the lot as determined by the landlord; (b) rent is payable at the landlord's address or using electronic funds transfer to an account designated for the payment of rent by the landlord; (c) periodic rent is payable at the beginning of a term that is a month or less and otherwise in equal monthly installments at the beginning of each month; (d) rent is uniformly apportionable from day to day; (e) the tenancy is from month to month; and (f) if either party terminates the rental agreement without cause prior to the expiration date of the lease term, the aggrieved party is entitled to monetary damages up to 1 month's rent or an amount that is agreed on in the rental agreement, which may not exceed 1 month's rent. Landlords shall follow 70-33-426 (2) and are entitled to rent from defaulting tenants up to the date a new tenancy starts or the date the rental agreement term expires. (3) Rent is payable without demand or notice at the time and place agreed upon by the parties or as provided by subsection (2). (4) A landlord may not charge an additional fee based on rent payment type except to recoup an electronic bank fee incurred for electronic payment.
Mont. Code Ann. § 70-33-201 governs the terms that landlords and tenants in Montana's mobile home or lot-rental context may include in a rental agreement, provided those terms do not conflict with applicable law. When a written agreement is silent on key matters, the statute supplies default rules covering how and when rent is paid, how tenancy is classified, and what happens if either party ends the agreement early without cause. Early termination without cause entitles the aggrieved party to monetary damages capped at one month's rent, and landlords may not charge extra fees based on how a tenant chooses to pay—except to recover an actual electronic bank fee.
Plain English — not legal advice.
Under Mont. Code Ann. § 70-33-201, operators who use written rental agreements can customize payment schedules, due dates, and other terms as long as those terms stay within the bounds of Montana law. When an agreement is silent, the statute's defaults apply—rent is due at the beginning of each monthly period, payable at the landlord's address or a designated electronic account, and the tenancy runs month to month. Compliant operators also follow § 70-33-426(2) when a tenant defaults, limiting fee structures to actual electronic bank charges and avoiding any surcharge based solely on payment method.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Mont. Code Ann. § 70-33-201 establishes baseline protections that apply whenever a rental agreement does not address a particular issue, including default payment rules and a cap on early-termination damages of one month's rent. Tenants should be aware that a landlord cannot impose additional fees simply because rent is paid electronically, beyond recovering an actual bank fee incurred for that transaction. If a landlord appears to be charging fees or imposing terms that conflict with § 70-33-201, tenants can document the issue, review their rental agreement, and reach out to a local tenant-rights organization or Montana's legal aid services to understand available options.
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.
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