Cal. Civ. Code § 70-33-305
Transfer Of Premises By Tenant
Operative Text
(1) A tenant who vacates a lot during the term of a tenancy may not allow the possession of the property to be transferred to a third person or sublet the property unless the landlord or the landlord's agent has consented in writing. (2) The sale or rental of a mobile home located upon a lot does not entitle the purchaser or renter to retain rental of the lot unless the purchaser or renter enters into a rental agreement with the owner of the lot. (3) A mobile home owner who owns the mobile home but rents the lot has the exclusive right to sell the mobile home without interference or conditions by the landlord. The new purchaser shall make suitable arrangements with the landlord in order to become a tenant on the mobile home lot. The purchase of the mobile home does not automatically entitle the purchaser to rent the mobile home lot.
Mont. Code Ann. § 70-33-305 governs how possession of a mobile home lot may or may not be transferred when a tenant vacates or sells. Under this provision, a tenant cannot hand over lot possession to another person or sublet the lot without the landlord's written consent. Separately, selling or renting the mobile home itself does not automatically carry over the right to rent the underlying lot — the new occupant must independently establish a rental agreement with the lot owner. However, the mobile home owner retains the exclusive right to sell the mobile home free from landlord interference or conditions.
Plain English — not legal advice.
Under Mont. Code Ann. § 70-33-305, compliant lot owners generally document any consent to lot transfers or subleases in writing before a change of possession occurs. When a mobile home on a rented lot is sold, operators typically require the prospective new lot tenant to enter into a separate rental agreement rather than assuming the prior tenant's arrangement carries over automatically. Importantly, this provision prohibits landlords from interfering with or attaching conditions to the mobile home owner's right to sell the home itself.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Mont. Code Ann. § 70-33-305 protects mobile home owners by affirming their exclusive right to sell their home without landlord interference or conditions. If you own a mobile home and rent the lot, you should be aware that a buyer will need to make independent arrangements with the lot owner to secure lot tenancy — the sale alone does not transfer lot rights. Tenants who believe a landlord is improperly blocking a home sale or refusing to recognize a written transfer consent may consider contacting a Montana tenant-rights organization or consulting a housing attorney to understand available remedies.
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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