Cal. Civ. Code § 70-33-303
Landlord To Maintain Premises -- Agreement That Tenant Perform Duties
Operative Text
(1) A landlord shall: (a) comply with the requirements of applicable building, housing, and health department codes materially affecting health and safety at the time of original construction; (b) make repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition except when it is the tenant's responsibility to maintain the dwelling unit pursuant to 70-33-321 ; (c) keep all common areas of the premises in a clean and safe condition; (d) for the premises, maintain in good and safe working order and condition all electrical, plumbing, sanitary, heating, ventilating, air-conditioning, and other facilities and appliances, including elevators, supplied or required to be supplied by the landlord; (e) unless otherwise provided in a rental agreement, provide and maintain appropriate receptacles and conveniences for the removal of ashes, garbage, rubbish, and other waste incidental to the occupancy of the lot and arrange for their removal; and (f) supply running water at all times unless the lot is not required by law to be equipped for that purpose or the running water is generated by an installation within the exclusive control of the tenant. (2) If the duty imposed by subsection (1)(a) is greater than a duty imposed by subsections (1)(b) through (1)(f), a landlord's duty must be determined by reference to subsection (1)(a). (3) A landlord and tenant may agree in writing that the tenant is to perform the landlord's duties specified in subsections (1)(e) and (1)(f) but only if the agreement is entered into in good faith and not for the purpose of evading the obligations of the landlord. (4) A landlord and tenant may agree that the tenant is to perform specified repairs, maintenance tasks, alterations, or remodeling only if: (a) the agreement of the parties is entered into in good faith and not for the purpose of evading the obligations of the landlord and is set forth in a separate writing signed by the parties and supported by adequate consideration; (b) the work is not necessary to cure noncompliance with subsection (1)(a); and (c) the agreement does not diminish the obligation of the landlord to other tenants.
Montana Code Ann. § 70-33-303 establishes a baseline set of maintenance obligations that landlords of mobile home lots must meet, covering code compliance, habitability repairs, common area cleanliness, functioning utilities and appliances, waste removal, and continuous running water. When two or more of these duties overlap, the stricter standard governs. The law also permits landlords and tenants to shift certain limited duties—such as waste removal or water supply arrangements—to the tenant through a written, good-faith agreement, provided that agreement does not allow the landlord to sidestep core obligations.
Plain English — not legal advice.
Under Mont. Code Ann. § 70-33-303, compliant lot operators generally keep all electrical, plumbing, heating, ventilating, and sanitary systems in good working order, maintain clean and safe common areas, and ensure running water is continuously available. When building or health codes impose a stricter standard than the general habitability duty, operators follow the stricter code requirement. Any written agreement shifting waste-removal or water-supply duties to a tenant must be entered in good faith, supported by adequate consideration, documented in a separate signed writing, and must not reduce the landlord's obligations to other tenants on the property.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Mont. Code Ann. § 70-33-303 gives tenants the right to a lot that meets applicable health and safety codes, is kept in a fit and habitable condition, has clean and safe common areas, and is supplied with functioning utilities and running water. If a landlord fails to meet these standards, tenants may have grounds to raise the violation as a defense in certain legal proceedings or to pursue remedies available under Montana's landlord-tenant statutes. Tenants who believe their landlord is not complying with § 70-33-303 can document the conditions, review their lease for any written maintenance agreements, and consult a local tenant-rights organization or legal aid office 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.
Effective Timeline
References In
Rules and statutes that cite this regulation