Cal. Civ. Code § 70-33-302
Landlord To Deliver Possession Of Premises
Operative Text
(1) At the commencement of the rental term, a landlord shall deliver possession of the premises to the tenant in compliance with the rental agreement and 70-33-303 . A landlord may bring an action for possession against a person wrongfully in possession. (2) If a landlord accepts rent or a deposit from a person intending to occupy the premises, the landlord is considered to have given consent for the person to take possession of the property and to have created a landlord-tenant relationship.
Montana Code § 70-33-302 establishes that at the start of a rental term, the landlord must hand over the premises in a condition that meets the rental agreement and the standards set out in § 70-33-303. If the landlord collects rent or a deposit from someone who intends to move in, the law treats that act as the landlord's consent to occupancy and as the creation of a formal landlord-tenant relationship. A landlord whose premises are wrongfully occupied by someone else may pursue a legal action to regain possession.
Plain English — not legal advice.
Under § 70-33-302, compliant operators ensure the rental unit is ready and available for the incoming tenant on the agreed start date, consistent with both the lease terms and the habitability standards referenced in § 70-33-303. Accepting rent or a security deposit from a prospective occupant is treated by Montana law as an affirmative act that establishes a landlord-tenant relationship, so property managers generally take care to formalize agreements before collecting any funds. When a third party is wrongfully occupying the premises, the statute provides a legal avenue to pursue an action for possession.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section § 70-33-302 of Montana law gives tenants the right to receive the rental unit at the start of the lease term in a condition that matches the rental agreement and the standards in § 70-33-303. Notably, if a landlord accepted rent or a deposit from you before move-in, Montana law considers a landlord-tenant relationship to have been formed at that point, which can be relevant if a dispute arises about your right to occupy the unit. Tenants who believe a landlord has failed to deliver possession as required may wish to consult a tenant-rights organization or legal aid provider familiar with Montana housing law 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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