Cal. Civ. Code § 70-33-203
Effect Of Unsigned Or Undelivered Rental Agreement
Operative Text
(1) If the landlord does not sign and deliver a written rental agreement that has already been signed by the tenant and delivered to the landlord, acceptance of rent without reservation by the landlord gives the rental agreement the same effect as if it had been signed and delivered by the landlord to the tenant. (2) If the tenant does not sign and deliver to the landlord a written rental agreement that has already been signed by the landlord and delivered to the tenant, acceptance of possession of the premises and payment of rent without reservation by the tenant gives the rental agreement the same effect as if it had been signed and delivered by the tenant to the landlord. (3) If a rental agreement given effect by the operation of this section provides for a term longer than 1 year, it is effective for only 1 year.
Montana Code § 70-33-203 addresses what happens when a written rental agreement is signed by one party but not formally countersigned and returned by the other. Under this provision, a landlord who accepts rent without reservation after receiving a tenant-signed agreement, or a tenant who takes possession and pays rent without reservation after receiving a landlord-signed agreement, is treated as though both parties fully executed the document. Additionally, if such an agreement would otherwise run longer than one year, it is legally effective for one year only.
Plain English — not legal advice.
Under Mont. Code Ann. § 70-33-203, property owners and managers should be aware that accepting rent after receiving a tenant-signed agreement — without noting any reservation — can bind them to the terms of that agreement as if they had countersigned it. Compliant operators typically ensure that rental agreements are formally signed and returned promptly to avoid unintended contractual obligations. Keeping clear records of when agreements are signed, delivered, and countersigned helps demonstrate the status of any rental arrangement.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Mont. Code Ann. § 70-33-203 provides tenants with meaningful protections when a landlord fails to countersign and return a written agreement: if the landlord accepts rent without reservation, the agreement is treated as fully binding. Tenants who have taken possession and paid rent under a landlord-signed agreement they never countersigned may similarly find themselves bound by its terms. If a dispute arises over whether a rental agreement is in effect, tenant-rights organizations or a local legal aid office can help explain how this provision may apply to a given situation.
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
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