Cal. Civ. Code § 70-33-202
Prohibited Provisions In Rental Agreements
Operative Text
(1) A rental agreement may not require a party to: (a) waive or forego rights or remedies under this chapter; (b) authorize any person to confess judgment on a claim arising out of the rental agreement; or (c) agree to the exculpation or limitation of liability resulting from the other party's purposeful misconduct or negligence or to indemnify the other party for that liability or related costs or attorney fees. (2) A rental agreement or a related document may not permit the receipt of rent free of the obligation to comply with the provisions of 70-33-303 .
Mont. Code Ann. § 70-33-202 identifies certain terms that cannot be included in a manufactured-home-space rental agreement in Montana. Specifically, neither landlords nor tenants can be required to give up their legal rights under the chapter, allow someone else to enter a court judgment against them without a hearing, or release the other party from responsibility for intentional wrongdoing or negligence. Additionally, no rental agreement or related document can allow a landlord to collect rent while being excused from the habitability and maintenance obligations set out in § 70-33-303.
Plain English — not legal advice.
Property owners and managers operating under Montana's manufactured-home-space rental laws should review their lease forms and any addenda to ensure no clause runs afoul of § 70-33-202. Compliant operators generally avoid language that waives tenant rights, includes confession-of-judgment provisions, or limits the landlord's own liability for negligence or intentional misconduct. Operators also confirm that rent collection is always tied to fulfillment of the maintenance and habitability duties described in § 70-33-303, since any document attempting to sever that connection is unenforceable under this provision.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under Mont. Code Ann. § 70-33-202, tenants in manufactured-home-space rentals cannot be contractually stripped of the rights and remedies the chapter provides, even if a lease clause purports to do so. If a rental agreement contains a term that waives your rights, authorizes a confessed judgment, limits the landlord's liability for negligence, or allows rent collection without the landlord meeting the § 70-33-303 obligations, that clause is generally void and unenforceable. Tenants who believe their agreement contains such prohibited provisions may raise the violation as a defense in a legal proceeding, file a complaint with a relevant state or local authority, or consult a tenant-rights organization for general information about 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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